Subchapter A: Purpose, Scope, Application, Definitions and Variances
§ 1-00 Purpose.
The purpose of these rules is to protect public health and the environment by minimizing the emission of asbestos fibers into the air of the City when buildings or structures with asbestos-containing material are renovated, altered, repaired, or demolished by ensuring that asbestos-containing material is handled appropriately and by individuals qualified to do so.
§ 1-01 Scope and Application.
(a) The following asbestos control program rules, 15 RCNY §§ 1-01 et seq., shall apply to all asbestos abatement activities occurring within the City of New York.
(1) Failure to comply with provisions of Federal, State or local laws, rules, or regulations.
(2) Conduct in asbestos inspections, assessment, abatement activities, air sampling, etc. which evidences moral unfitness.
(3) Making or filing a false report, or failing to file a report required by these rules or impeding or obstructing such filing, or inducing another person to do so.
(2) The maximum civil penalty for any violation of a lettered subsection of these rules, pursuant to a notice of violation returnable before the Environmental Control Boardof the Office of Administrative Trials and Hearings, shall be $10,000, except that a violation of 15 RCNY § 1-26 shall carry a maximum penalty of $15,000.
(3) DEP may block an asbestos investigator from filing an Asbestos Assessment Report (Form ACP5) or deny any application for an asbestos abatement permit pursuant to 15 RCNY § 1-26, or a variance application pursuant to 15 RCNY § 1-03, where any party to the asbestos project, including but not limited to the abatement contractor, building owner, or air monitoring company, has docketed, unpaid civil penalties imposed by the Environmental Control Board of the Office of Administrative Trials and Hearings for violations of these rules, sections 24-136 and 24-138 of the Administrative Code, or NYSDOLICR 56.
§ 1-02 Definitions.
Abatement. “Abatement” shall mean any and all procedures physically taken to control fiber release from asbestos-containing materials. This includes removal, encapsulation, enclosure, cleanup and repair.
Abatement activities. “Abatement activities” shall mean all activities from the initiation of work area preparation through successful clearance air monitoring performed at the conclusion of an asbestos project or minor project.
Adequately wet. “Adequately wet” shall mean the complete penetration of a material with amended water to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then the material has not been adequately wetted. However, the absence of visible emissions is not evidence of being adequately wet. ACM must be fully penetrated with the wetting agent in order to be considered adequately wet. If the ACM being abated is resistant to amended water penetration, wetting agent shall be applied to the material prior to and during removal as necessary to minimize fiber release.
Aggressive sampling. “Aggressive sampling” shall mean a method of sampling in which the individual collecting the air sample creates activity by the use of mechanical equipment during the sampling period to stir up settled dust and simulate activity in that area of the building.
AHERA. “AHERA” shall mean the Asbestos Hazard Emergency Response Act of 1986.
AIHA. “AIHA” shall mean the American Industrial Hygiene Association.
Airlock. “Airlock” shall mean a system for permitting entrance and exit while restricting air movement between a contaminated area and an uncontaminated area. It consists of two curtained doorways separated by a distance of at least three feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through contamination.
Air sampling. “Air sampling” shall mean the process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure utilized for asbestos follows the NIOSH Standard Analytical Method 7400 or the provisional transmission electron microscopy methods developed by the USEPA and/or National Institute of Science and Technology which are utilized for lower detectability and specific fiber identification.
Ambient air monitoring. “Ambient air monitoring” shall mean measurement or determination of airborne asbestos fiber concentrations outside but in the general vicinity of the worksite.
Amended water. “Amended water” shall mean water to which a surfactant has been added.
Amendment. “Amendment” shall mean a form submitted to modify the asbestos project notification (Form ACP7) by changing information that was provided when the ACP7 was originally filed.
ANSI. “ANSI” shall mean the American National Standards Institute.
Area air sampling. “Area air sampling” shall mean any form of air sampling or monitoring where the sampling device is placed at some stationary location.
Asbestos. “Asbestos” shall mean any hydrated mineral silicate separable into commercially usable fibers, including but not limited to chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthrophyllite and actinolite.
Asbestos-containing material. “Asbestos-containing material” (ACM) shall mean asbestos or any material containing more than one percent asbestos.
Asbestos-containing waste material. “Asbestos-containing waste material” shall mean asbestos-containing material or asbestos-contaminated objects requiring disposal.
Asbestos-contaminated objects. “Asbestos-contaminated objects” shall mean any objects which have been contaminated by asbestos or asbestos-containing material.
Asbestos assessment report. “Asbestos assessment report” shall mean the “Form ACP-5” form, as approved by DEP, by which a DEP-certified asbestos investigator certifies that a building or structure (or portion thereof) is free of ACM or the amount of ACM to be abated constitutes a minor project.
Asbestos handler. “Asbestos handler” shall mean an individual certified by the Department who disturbs, removes, encapsulates, repairs, or encloses asbestos material.
Asbestos handler supervisor. “Asbestos handler supervisor” shall mean an individual certified by the Department who supervises the handlers during an asbestos project and ensures that proper asbestos abatement procedures as well as individual safety procedures are being adhered to.
Asbestos project notification. “Asbestos project notification” shall mean the “Form ACP-7” asbestos project notification form as approved by DEP.
Asbestos investigator. “Asbestos investigator” shall mean an individual certified by the Commissioner as having satisfactorily demonstrated his or her ability to identify the presence and evaluate the condition of asbestos in a building or structure.
Asbestos project. “Asbestos project” shall mean any form of work performed in a building or structure or in connection with the replacement or repair of equipment, pipes, or electrical equipment not located in a building or structure which will disturb (e.g., remove, enclose, encapsulate) more than 25 linear feet or more than 10 square feet of asbestos-containing material.
ASTM. “ASTM” shall mean the American Society For Testing and Materials.
Authorized visitor. “Authorized visitor” shall mean the building owner and his/her representative, and any representative of a regulatory or other agency having jurisdiction over the project.
Bound Notebook. “Bound notebook” shall mean a notebook manufactured so that the pages cannot be removed without being torn out. A loose-leaf binder is not a bound notebook.
Building owner. “Building owner” shall mean the person in whom legal title to the premises is vested unless the premises are held in land trust, in which instance building owner means the person in whom beneficial title is vested.
Building materials. “Building materials” shall mean any and all materials listed as Presumed Asbestos Containing Materials (PACM) and Suspect Miscellaneous ACM in NYSDOL ICR 56, including but not limited to interior and exterior finishes, equipment, plaster, roofing, flooring, caulking, sealants, tiles, insulation, and mortar and refractory bricks used in the construction of boilers.
Certified industrial hygienist. “Certified industrial hygienist” (CIH) shall mean an individual who is currently certified by the American Board of Industrial Hygiene.
Certified safety professional (CSP). “Certified safety professional” (CSP) shall mean an individual having a bachelor’s degree from an accredited college or university and a minimum of four years experience as a safety professional and who has successfully completed both levels of the examination administered by the Board of Certified Safety Professionals and who is currently certified by that Board.
Chain of custody. “Chain of custody” shall mean the form or set of forms that document the collection and transfer of a sample, which must reflect the time and date of all transfers of that sample and identify each person that handles that sample by such person’s printed full name and signature.
Clean room. “Clean room” shall mean an uncontaminated area or room which is part of the worker decontamination enclosure system with provisions for storage of workers’ street clothes and protective equipment.
Clearance air monitoring. “Clearance air monitoring” shall mean the employment of aggressive sampling techniques with a volume of air collected to determine the airborne concentration of residual fibers, and shall be performed as the final abatement activity.
Commissioner. “Commissioner” shall mean the Commissioner of the New York City Department of Environmental Protection.
Containerize. “Containerize” shall mean the placing of asbestos-containing material in an acceptable container for disposal, as specified by these rules.
Contractor. “Contractor” shall mean a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation and any owner or operator thereof, which engages in an asbestos project or employs persons engaged in an asbestos project.
Curtained doorway. “Curtained doorway” shall mean a device which consists of at least three overlapping sheets of fire retardant plastic over an existing or temporarily framed doorway. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to ensure that the sheets hang straight and maintain a seal over the doorway when not in use.
Decontamination enclosure system. “Decontamination enclosure system” shall mean a series of connected rooms, separated from the work area and from each other by air locks, for the decontamination of workers, materials, waste containers, and equipment.
Demolition. “Demolition” shall mean the dismantling or razing of a building, including all operations incidental thereto (except for asbestos abatement activities), for which a demolition permit from the New York City Department of Buildings is required.
Department or DEP. “Department” or “DEP” shall mean the New York City Department of Environmental Protection.
Disturb. “Disturb” shall mean any action taken which may alter, change, or stir, such as but not limited to the removal, encapsulation, enclosure or repair of asbestos-containing material.
DOB. “DOB” shall mean the New York City Department of Buildings.
ELAP. “ELAP” shall mean the Environmental Laboratory Approval Program administered by the New York State Department of Health.
Electronic Recordkeeping System. “Electronic recordkeeping system” shall mean an electronic system in which records are collected, organized, and categorized to facilitate their preservation and use, by utilizing a format and a reliable media that enables future retrieval of these records.
Encapsulant (sealant) or encapsulating agent. “Encapsulant (sealant) or encapsulating agent” shall mean liquid material which can be applied to asbestos-containing material which temporarily controls the possible release of asbestos fibers from the material or surface either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant). A thin coat of lockdown encapsulant shall be applied to all surfaces in the work area which were not the subject of removal or abatement, including the cleaned layer of the surface barriers, but excepting sprinklers, standpipes, and other active elements of the fire suppression system.
Encapsulation. “Encapsulation” shall mean the coating or spraying of asbestos-containing material with an encapsulant. A thin coat of lockdown encapsulant shall be applied to all surfaces in the work area which were not the subject of removal or abatement, including the cleaned layer of the surface barriers, but excepting sprinklers, standpipes, and other active elements of the fire suppression system.
Enclosure. “Enclosure” shall mean the construction of airtight walls and ceilings between the ACM and the facility environment, or around surfaces coated with ACM, or any other appropriate procedure as determined by the Department which prevents the release of asbestos fibers.
EPA. “EPA” or “USEPA” shall mean the United States Environmental Protection Agency.
Equipment room. “Equipment room” shall mean a contaminated area or room which is part of the worker decontamination enclosure system with provisions for the storage of contaminated clothing and equipment.
Exit. “Exit” shall mean that portion of a means of egress system which is separated from other interior spaces of a building or structure by fire-resistance-rated construction to provide a protected path of egress travel between the exit access and the exit discharge.
Exit Passageway. “Exit passageway” shall mean a horizontal extension of a vertical exit, or a passage leading from a yard or court to an open exterior space.
FDNY. “FDNY” shall mean the Fire Department of the City of New York.
Fiber. “Fiber” shall mean an acicular single crystal or a similarity elongated polycrystalline aggregate which displays some resemblance to organic fibers by having such properties as flexibility, high aspect ratio, silky luster, axial lineation, and others, and which has attained its shape primarily through growth rather than cleavage.
Fixed object. “Fixed object” shall mean a unit of equipment, furniture, or other item in the work area which cannot be removed from the work area. Fixed objects shall include equipment, furniture, or other items that are attached, in whole or in part, to a floor, ceiling, wall, or other building structure or system or to another fixed object and cannot be reasonably removed from the work area. Fixed objects shall also include pipes and other equipment inside the work area which are not the subject of the asbestos project. Active fire suppression system components shall not be considered fixed objects.
Glovebag technique. “Glovebag technique” shall mean a method for removing asbestos-containing material from heating, ventilation and air conditioning (HVAC) ducts, short piping runs, valves, joints, elbows, and other nonplanar surfaces. The glovebag assembly is a manufactured device consisting of a large bag (constructed of at least 6-mil transparent plastic), two inward-projecting long sleeve gloves, one inward-projecting waterwand sleeve, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glovebag is constructed and installed in such a manner that it surrounds the object or area to be decontaminated and contains all asbestos fibers released during the removal process.
HEPA filter. “HEPA filter” shall mean a high efficiency particulate air filter capable of trapping and retaining 99.97 percent of particles (asbestos fibers) greater than 0.3 micrometers mass median aerodynamic equivalent diameter.
HEPA vacuum equipment. “HEPA vacuum equipment” shall mean vacuuming equipment with a HEPA filter.
Holding area. “Holding area” shall mean a chamber in the equipment decon- tamination enclosure located between the washroom and an uncontaminated area.
Homogeneous work area. “Homogeneous work area” shall mean a portion of the work area which contains one type of asbestos-containing material and/or where one type of abatement is used.
Industrial hygiene. “Industrial hygiene” shall mean that science and art devoted to the recognition, evaluation and control of those environmental factors or stresses, arising in or from the work place, which may cause sickness, impaired health and well being, or significant discomfort and inefficiency among workers or among the citizens of the community.
Industrial hygienist. “Industrial hygienist” shall mean an individual having a college or university degree or degrees in engineering, chemistry, physics, or medicine or related biological sciences who, by virtue of special studies and training, has acquired competence in industrial hygiene.
Isolation barrier. “Isolation barrier” shall mean the construction of partitions, the placement of solid materials, and the plasticizing of apertures to seal off the work place from surrounding areas and to contain asbestos fibers in the work area.
Large asbestos project. “Large asbestos project” shall mean an asbestos project involving the disturbance (e.g., removal, enclosure, encapsulation) of 260 linear feet or more of asbestos-containing material or 160 square feet or more of asbestos-containing material.
Log. “Log” shall mean an official record, maintained by the abatement contractor, of all activities that occurred during the project. At a minimum, the log shall identify the building owner, agent, contractor, and workers, and other pertinent information including daily activities, cleanings and waste transfers, names and certificate numbers of asbestos handler supervisors and asbestos handlers; results of inspections of decontamination systems, barriers, and negative pressure ventilation equipment; summary of corrective actions and repairs; work stoppages with reason for stoppage; manometer readings at least twice per work shift; daily checks of emergency and fire exits and any unusual events.
Means of egress. “Means of egress” shall mean a continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. A means of egress consists of three separate and distinct parts: the exit access, the exit and the exit discharge.
Minor project. “Minor project” shall mean a project involving the disturbance (e.g. removal, enclosure, encapsulation, repair) of 25 linear feet or less of asbestos containing material or 10 square feet or less of asbestos containing material.
Movable object. “Movable object” shall mean a unit of equipment or furniture in the work area which can be removed from the work area.
Negative air pressure equipment. “Negative air pressure equipment” shall mean a portable local exhaust system equipped with HEPA filtration. The system shall be capable of creating a negative pressure differential between the outside and inside of the work area.
NFPA. “NFPA” shall mean the National Fire Protection Association.
NIOSH. “NIOSH” shall mean the National Institute for Occupational Safety and Health.
NYSDOL. “NYSDOL” shall mean the New York State Department of Labor.
NYSDOL ICR 56. “NYSDOL ICR 56” shall mean Part 56 of the Official Compilation of Codes, Rules and Regulations of the State of New York or 12 NYCRR Part 56.
NYSDOH. “NYSDOH” shall mean the New York State Department of Health.
Obstruction. “Obstruction” shall mean the blocking of a means of egress with any temporary structure or barrier. A corridor shall not be considered obstructed when there is a clear path measuring at least three (3) feet wide permitting access to all required vertical exits and/or exit doors. Abatement worker egress from the work area through Polyethylene sheeting covering an egress used only by abatement workers, shall not be considered an obstruction when it is prominently marked with exit signage or paint and cutting tools (knife, razor) are attached to the work area side of the sheeting for use in the event that the sheeting must be cut to permit egress.
Occupied Area. “Occupied area” shall mean an area of the worksite where abatement is not taking place and where personnel or occupants normally function or where workers are not required to use personal protective equipment.
OSHA. “OSHA” shall mean the United States Occupational Safety and Health Administration.
Outside air. “Outside air” shall mean the air outside the work place.
Person. “Person” means any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof.
Personal air monitoring. “Personal air monitoring” shall mean a method used to determine employees’ exposure to airborne fibers. The sample is collected outside the respirator in the worker’s breathing zone.
Personal protective equipment. “Personal protective equipment” (PPE) shall mean appropriate protective clothing, gloves, eye protection, footwear, head gear.
Phase contrast microscopy. “Phase contrast microscopy” (PCM) shall mean the measurement protocol for the assessment of the fiber content of air. .
Physician. “Physician” shall mean an individual licensed or otherwise authorized under Article 131 § 65.22 of the New York State Education Law.
Plasticize. “Plasticize” shall mean to cover floors and walls with fire retardant plastic sheeting as herein specified or by using spray plastics as acceptable to the Department.
Polarized light microscopy. “Polarized light microscopy” (PLM) shall mean the measurement protocol for the assessment of the asbestos content of bulk materials.
Pre-demolition Abatement Activities. “Pre-demolition abatement activities” shall mean any and all asbestos abatement activities required to be performed and completed prior to the partial or total structural demolition of a building or structure, including successful clearance air monitoring.
Presumed Asbestos Containing Material (PACM). “Presumed Asbestos Containing Material” shall mean all Thermal System Insulation and Surfacing Material as described in 15 RCNY § 1-38. PACM is considered to be ACM unless proven otherwise by appropriate bulk sampling and laboratory analyses.
Project designer. “Project designer” shall mean a person who holds a valid Project Designer Certificate issued by the New York State Department of Labor.
Project monitor. “Project monitor” shall mean a person who holds a valid Project Monitor Certificate issued by the New York State Department of Labor.
Qualitative fit test. “Qualitative fit test” shall mean the individual test subject’s responding (either voluntarily or involuntarily) to a chemical challenge outside the respirator face piece. Acceptable methods include irritant smoke test, odorous vapor test, and taste test.
Quantitative fit test. “Quantitative fit test” shall mean exposing the respirator wearer to a test atmosphere containing an easily detectable, nontoxic aerosol, vapor or gas as the test agent. Instrumentation, which samples the test atmosphere and the air inside the face piece of the respirator, is used to measure quantitatively the leakage into the respirator. There are a number of test atmospheres, test agents, and exercises to perform during the tests.
Registered design professional. “Registered design professional” shall mean a person licensed and registered to practice the professions of architecture or engineering under the Education Law of the State of New York.
Removal. “Removal” shall mean the stripping of any asbestos-containing materials from surfaces or components of a facility or taking out structural components in accordance with 40 C.F.R. 61 Subparts A and M.
Renovation. “Renovation” shall mean an addition or alteration or change or modification of a building or the service equipment thereof, that is not classified as an ordinary repair as defined in § 27-125 of the Administrative Code of the City of New York.
Repair. “Repair” shall mean corrective action using specified work practices e.g. glovebag, plastic tent procedures, etc. to minimize the likelihood of fiber release from minimally damaged areas of ACM.
Replacement material. “Replacement material” shall mean any material used to replace ACM that contains less than .01 percent asbestos.
Shift. “Shift” shall mean a worker’s, or simultaneous group of workers’, complete daily term of work.
Shower room. “Shower room” shall mean a room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold running water controllable at the tap and arranged for complete showering during decontamination.
Small asbestos project. “Small asbestos project” shall mean an asbestos project involving the disturbance (e.g., removal, enclosure, encapsulation) of more than 25 and less than 260 linear feet of asbestos-containing material or more than 10 and less than 160 square feet of asbestos-containing material.
Staging area. “Staging area” shall mean the work area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area.
Start date. “Start date” shall mean the date when a worker decontamination enclosure system is installed and functional.
Strip. “Strip” shall mean to remove asbestos materials from any part of the facility.
Structural member. “Structural member” shall mean any load-supporting member of a facility, such as beams and load-supporting walls, or any nonload-supporting member, such as ceiling and nonload-supporting walls.
Substrate. “Substrate” shall mean non-asbestos containing material which is beneath and supports asbestos-containing material.
Surface barriers. “Surface barriers” shall mean the plasticizing of walls, floors, and fixed objects within the work area to prevent contamination from subsequent work.
Surfactant. “Surfactant” shall mean a chemical wetting agent added to water to improve penetration.
Suspect Miscellaneous ACM. “Suspect Miscellaneous ACM” shall mean any building material that is not PACM, such as floor tiles, ceiling tiles, mastics/adhesives, sealants, roofing materials, cementitous materials, etc. All Suspect Miscellaneous ACM must be assumed to be ACM, unless proven otherwise by appropriate bulk sampling and laboratory analyses.
Transmission electron microscopy (TEM). “Transmission electron microscopy (TEM)” shall mean the measurement protocol for the assessment of the asbestos fiber content of air. (Interim Transmission Electron Microscopy Analytical Methods - 40 C.F.R. Part 763, Subpart E, Appendix A)
Variance. “Variance” shall mean relief from specific sections of the rule for a specific project.
Visible emissions. “Visible emissions” shall mean any emissions containing particulate material that are visually detectable without the aid of instruments.
Washroom. “Washroom” shall mean a room between the work area and the holding area in the equipment decontamination enclosure system where equipment and waste containers are wet cleaned and/or HEPA vacuumed prior to disposal.
Waste decontamination enclosure system. “Waste decontamination enclosure system” shall mean the decontamination enclosure system designated for the controlled transfer of materials and equipment, consisting of a washroom and a holding area.
Wet cleaning. “Wet cleaning” shall mean the removal of asbestos fibers from building surfaces and objects by using cloths, mops, or other cleaning tools which have been dampened with water.
Wet methods. “Wet methods” shall mean the use of amended water or removal encapsulants to minimize the generation of fibers during ACM disturbance.
Work area. “Work area” shall mean designated rooms, spaces, or areas of the building or structure where asbestos abatement activities take place. For glovebag procedures, the work area shall also include the areas contiguous to where the glovebag procedure takes place. For the purpose of the survey of a building for asbestos, the work area is the premises, or those portions of the premises where the renovation or alteration work is to occur, as reflected in the Form ACP 5.
Work place. “Work place” shall mean the work area and the decontamination enclosure system(s).
Work place safety plan. “Work place safety plan” shall mean documents prepared by a registered design professional and submitted for review by DEP in order to obtain an asbestos abatement permit. Such plan shall include, but not be limited to, plans, sections, and details of the work area clearly showing the extent, sequence, and means and methods by which the work is to be performed.
Work site. “Work site” shall mean premises where asbestos abatement activity is taking place, and may be composed of one or more work areas.
Worker. “Worker” shall mean asbestos handler and/or asbestos handler supervisor.
Worker decontamination enclosure system. “Worker decontamination enclosure system” shall mean that portion of a decontamination enclosure system designed for controlled passage of workers, and other individuals and authorized visitors, consisting of a clean room, a shower room, and an equipment room separated from each other and from the work area by airlocks and curtained doorways.
§ 1-03 Variances.
(a) Application for any variance must be made directly to the Department at least two weeks prior to the commencement of work. Work involving a variance may not commence prior to the receipt of the Department’s approval of the application. The applicant must pull an approved variance by entering a start date in the Department’s database, and must print out and post a copy of the variance at the work place.
(1) Identification of those portions of the rules for which a variance is requested, providing each numbered section and subsection;
(2) Explanations as to why the procedures required by the rules cannot be used;
(3) A written proposal setting forth the alternative procedures the applicant will employ to satisfy each requirement as modified; and
(4) A copy of any asbestos project notification previously filed. If the applicant has not previously filed an asbestos project notification, such notification shall be filed with the application together with the applicable fee specified in 15 RCNY § 1-25(c).
(5) A sketch or drawing illustrating the proposed modification.
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e) below: $400 fee.
(2) For each additional subsection in any category listed in subsection (e): $200 fee.
(3) The maximum fee: $1,200.
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e): $600.
(2) For each additional subsection in any category listed in subsection (e): $300.
(3) The maximum fee: $1,800.
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| Air Monitoring | 31-45 | 56-4, 6 |
|---|---|---|
| Materials and Equipment | 61 | 56-7 |
| Work Place Preparation | 81-84 | 56-7 |
| Work Place Procedures | 91-94 | 56-7 |
| Abatement Procedures | 101-110 | 56-8 |
| Clean-up Procedures | 111-112 | 56-9 |
| Pre-Demolition Abatement Activity Procedures | 120-129 | – |
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Subchapter B: Certification Provisions
§ 1-11 Asbestos Handler Certificate.
(a) No individual shall engage in an asbestos project or in asbestos abatement activities on a minor project, for compensation, unless that individual is certified as an asbestos handler by the department and has an "Asbestos Handler Certificate" issued by the department.
(1) Applicant shall be at least eighteen (18) years of age at the date of application; and
(2) Applicant shall submit a completed application provided by the department accompanied by a fee of one hundred dollars ($100); and
(3) Applicant shall submit documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Handler training course; and
(4) Applicant shall achieve a passing grade on a departmental examination.
§ 1-12 Renewal of Asbestos Handler Certificate.
(a) The handler shall apply for renewal of the certificate at least 60 days prior to the date of its expiration.
§ 1-13 Restricted Asbestos Handler Certificate.
(a) This section shall apply to individuals involved in the construction of the containment barriers of a work area (e.g., carpenters), or who otherwise enter the contained work area for a limited period of time to perform certain specialized tasks in preparation for, or ancillary to, the actual abatement (e.g., electricians); and for whom asbestos handler certification would otherwise be required. This section shall not apply to individuals performing abatement handling of ACM.
§ 1-14 Asbestos Handler Supervisor Certificate.
(a) No individual shall supervise asbestos handlers engaged in an asbestos project, for compensation, unless that individual is certified as an asbestos handler supervisor by the department.
(1) Applicant shall be at least twenty-one (21) years of age at the time of application; and
(2) Applicant shall submit a completed application provided by the department accompanied by a fee of one hundred dollars ($100); and
(3) Applicant shall submit documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Supervisor training course.
(4) Applicant shall submit additional credentials as follows:
(i) A registered design professional, certified industrial hygienist, or certified safety professional shall submit a copy of the licensing credentials or certification, and documentation of one month post-graduate experience in asbestos abatement activities.
(ii) A graduate from an accredited college or university possessing a bachelor’s or advanced degree in engineering, architecture, environmental health science, industrial hygiene, occupational health and safety or a related science shall submit a copy of the degree, and documentation of three months post graduate experience in asbestos abatement activities.
(iii) A graduate from an accredited college of university possessing an associate’s degree in applied science and technology, environmental health science, public health, industrial health or a related science shall submit a copy of the degree, and documentation of six months post- graduate experience in asbestos abatement activities.
(iv) All other applicants must submit documentation of one year of experience in asbestos abatement activities. All such experience must be on small or large asbestos projects, and at least half the experience must be on large projects, except employees of electric utilities, whose full year of experience may be on minor or small projects. The applicant’s experience in asbestos abatement activities shall be listed chronologically and shall include each contractor’s name, address and phone number; the number of hours worked per week on asbestos abatement activities; the applicant’s job title and a brief description of duties; and the size of each project; and
(5) Applicant shall achieve a passing grade on a departmental examination, which shall be given in English.
§ 1-15 Renewal of Asbestos Handler Supervisor Certificate.
(a) The supervisor shall apply for renewal of the certificate at least 60 days prior to the date of its expiration.
(1) A completed application provided by the department accompanied by a fee of $100; and
(2) Documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Handler Supervisor Refresher training course.
§ 1-16 Asbestos Investigator Certificate.
(a) (1) No individual shall engage in a building survey for asbestos unless that individual is certified as an asbestos investigator by the department.
(2) An individual not certified by the department may assist in an asbestos survey being conducted by a NYC certified asbestos investigator only if such individual works in the presence of the investigator and under his/her direct and continuing supervision. Non-certified individuals may not collect bulk samples as described in paragraph 3 of this subdivision.
(1) A registered design professional, a certified industrial hygienist or a certified safety professional shall submit a copy of licensing or certification and documentation of six months post-graduate experience in building survey for asbestos.
(2) A graduate from an accredited college or university possessing a doctorate or master’s degree in architecture, engineering, occupational health and safety, industrial hygiene or related science must submit a copy of the degree and documentation of six months post-graduate experience in building survey for asbestos indicating specific addresses at which the graduate performed such building surveys.
(3) A graduate from an accredited college or university possessing a bachelor’s degree in architecture, engineering, occupational health and safety, industrial hygiene or a related science must submit a copy of the degree and documentation of one year post-graduate experience in building survey for asbestos indicating specific addresses at which the graduate performed such building surveys.
(4) A graduate from an accredited college or university possessing an associate’s degree in architecture, engineering, environmental health, public health, industrial health, or a related science must submit a copy of the degree and documentation of two years post-graduate experience in conducting building surveys for asbestos, indicating specific addresses at which the graduate performed such building surveys and an additional two years of experience in any other type of building surveys of a technical nature including structural, mechanical, or electrical, is required.
(5) An individual with extensive experience in asbestos investigation on a professional level must submit documentation demonstrating three years of experience conducting building surveys for asbestos indicating specific addresses at which the individual performed such building surveys and an additional three years of other experience in any other type of building surveys of a technical nature including structural, mechanical, or electrical is required. Additionally, such an individual must possess a four-year high school diploma or its educational equivalent, approved by a State’s Department of Education.
(1) A completed application provided by the Department accompanied by a fee of two hundred fifty dollars ($250); and
(2) Documentation of successful completion within the prior 12 months of a New York State Restricted Asbestos Handler-III Inspector Training course, and a passing grade on the required investigator training course; and
(3) Documentation of a medical examination performed by a physician within the prior 12 months, which shall include at a minimum a pulmonary function test, evaluation of a recent chest x-ray and a physician’s recommendation as to whether the applicant is able to wear a respirator in the performance of his/her job; and
(4) Documentation of a qualitative or quantitative fit test performed within the prior three months, which shall include brand name and type of respirator, date and location of test, and the signature of the industrial hygienist administering the test.
(i) Qualitative fit test may be used only for fit testing of half-mask negative pressure respirators.
(ii) Quantitative fit test shall be performed on all full-face negative pressure respirators.
(1) Failing to comply with the provisions of Federal, State, or local laws, rules or regulations.
(2) Making or filing a false report, or failing to file a report required by Federal, State, or local laws, rules, or regulations.
(3) Delegating professional responsibilities to a person who is not qualified to perform them.
(1) No NYC-certified asbestos investigator shall submit any plan or report to any client or any city, state, or federal agency that does not have the investigator’s seal and signature affixed to it. Photocopies of the seal and signature are not acceptable.
(2) Seals used by certified asbestos investigators shall be circular in shape, approximately one and three quarter inches in diameter, with three concentric circles. The inner circle shall contain an accurate representation of the great seal of the City of New York. The legend at the top of the outer band shall read “CITY OF NEW YORK” and at the bottom “CERTIFIED ASBESTOS INVESTIGATOR”. In the inner circle above the great seal of the City of New York shall be shown the name of the certified asbestos investigator.
(3) Any plan or report submitted without the investigator’s seal and signature shall be considered invalid.
(4) [Repealed.]
(1) Failure to demonstrate the ability to comply fully with applicable requirements, standards, and procedures set forth in these rules;
(2) Submission of false information on an application;
(3) Failure to submit all required information and documentation with the application;
(4) Where the department has determined that the applicant’s past history of violation of federal or state asbestos regulations, or of any laws, rules, or regulations relating to occupational or public safety or health, indicates a direct relationship between that history and the license or that issuance of the license would pose unreasonable risks to property or safety;
(5) Loss of a relevant professional accreditation or license; or
(6) Any other cause which the commissioner determines to be of such serious and compelling nature as to warrant denial of the application.
§ 1-17 Renewal of Asbestos Investigator Certificate.
(a) The investigator shall apply for renewal of the certificate at least 60 days prior to the date of its expiration.
(1) A completed application provided by the Department accompanied by a fee of $250 payable to the Department; and
(2) Documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Inspector Refresher course; and
(3) Documentation of a medical examination performed by a physician within the prior 12 months, which shall include at a minimum a pulmonary function test, evaluation of a recent chest x-ray and a physician’s recommendation as to whether the applicant is able to wear a respirator in the performance of his/her job; and
(4) Documentation of a qualitative or quantitative fit test performed within the prior three months, which shall include brand name and type of respirator, date and location of test, and the signature of the industrial hygienist administering the test.
(i) Qualitative fit test may be used only for fit testing of half-mask negative pressure respirators.
(ii) Quantitative fit test shall be performed on all full-face negative pressure res- pirators.
§ 1-18 Renewal of Restricted Asbestos Handler Certificate.
(a) The restricted asbestos handler must apply for renewal of the certificate at least 60 days prior to the date of its expiration.
Subchapter C: Notifications, Permitting and Recordkeeping
§ 1-21 Size and Scope of Asbestos Project.
(a) For the purpose of determining whether there has been compliance with any reporting or filing requirement established in 15 RCNY §§ 1-22 through 1-27, the size and scope of the overall project shall control, with particular reference to the total amount of asbestos-containing material which will be disturbed. Such requirements may not lawfully be avoided or lessened through the performance of work in incremental or piecemeal fashion.
§ 1-22 Projects Requiring Certification to the Department of Buildings.
(a) This section shall apply to applications for the following projects requiring permits to be issued by the Department of Buildings:
(1) Full demolitions.
(2) Alterations, renovations, or modifications.
(3) Plumbing work, except for the direct replacement of plumbing fixtures.
(1) Asbestos Assessment Report. If the building (or portions thereof) affected by the work are free of asbestos-containing material, ACM will not be disturbed by the work, or the amount of ACM to be abated constitutes a minor project, an asbestos assessment report (Form ACP-5) completed, signed, and sealed by a DEP-certified asbestos investigator, along with a fee of $47.00 must be submitted to DEP prior to construction document approval and to any amendment of the construction document approval which increases the scope of the project to include any surveyed area not previously covered.
(2) Asbestos Project Completion Form. If an asbestos project has been performed and satisfactorily completed in accordance with these rules, a copy of the asbestos project completion form (Form ACP21) issued to the building owner or its authorized representative by DEP must be submitted to DOB prior to the issuance of a DOB permit and to any amendment of the underlying construction document approval which increases the scope of the project to include any work area not previously covered.
(3) Asbestos Project Conditional Completion Form. If an asbestos project has been performed but would be subject to the procedures of 15 RCNY § 1-26(c)(2)(ii), a copy of the asbestos project conditional completion form (Form ACP20) issued to the building owner or its authorized representative by DEP must be submitted to DOB prior to the issuance of a DOB permit and to any amendment of the underlying construction document approval which increases the scope of the project to include any work area not previously covered.
§ 1-23 Alterations/Renovations/Modifications.
(a) As early as possible before an alteration, renovation, modification, demolition, or plumbing work takes place, or changes in such work occur, the building owner shall be responsible for having an asbestos survey performed by a DEP-certified asbestos investigator to determine the absence or presence of asbestos-containing material which may be disturbed during the course of the work. The owner of the building or authorized agent shall comply with the notification requirements of 15 RCNY § 1-25 regarding asbestos-containing material.
(1) the permit sought does not involve the performance of any physical work, such as permits for zoning lot subdivisions, zoning lot reapportionment, or changes in the certificate of occupancy; or
(2) no existing building materials, as the term “building materials” is defined in these rules, are to be disturbed by the proposed work; or
(3) the activities being performed include work on one of the following: Awnings Cranes not anchored to building or structure Emergency power not involving hard wiring, e.g. battery packs Exterior concrete work (e.g. sidewalks, curb cuts, traffic islands) except if waterproofing compound is present Exterior scaffolding not anchored to building or structure Exterior trenching and drainage Ground-mounted flagpoles New storefronts in existing masonry openings (no disturbance of existing building) Radio antennas (free-standing towers) Relocating free-standing parking lot sheds Replacing rooftop air conditioning (no modification of ductwork or disturbance of building) Roadway asphalt Sealing unsafe or abandoned buildings with cinderblock and mortar Sidewalk sheds, bridges, fences, elevators, hoists and café signs (no penetration of building materials) Street furniture, e.g. candy or newsstands, bus shelters, kiosks Installation of new outdoor swimming pool Free-standing tents Erection of temporary structures (e.g. trailers) with electric/water lines only
§ 1-24 [Reserved]
(a) This section shall apply to the following categories:
(1) Removal, encapsulation, enclosure or replacement of asbestos-containing materials (including insulation); and
(2) Work in or into plenum spaces of existing buildings (e.g. electrical, ventilation, cable, sheet metal work, etc.); and
(3) Removal of asbestos-covered structures and equipment such as boilers, pipes, etc.; and
(4) Other miscellaneous activities not previously exempted.
(1) For work which will disturb more than 25 linear feet but less than 100 linear feet, or more than 10 square feet but less than 50 square feet, of asbestos-containing material, the fee shall be $200.
(2) For work which will disturb at least 100 linear feet and less than 260 linear feet, or at least 50 square feet and less than 160 square feet, of asbestos-containing material, the fee shall be $400.
(3) For work which will disturb at least 260 linear feet and less than 1,000 linear feet, or at least 160 square feet and less than 1,000 square feet, of asbestos-containing material, the fee shall be $800.
(4) For work which will disturb 1,000 linear feet or more, or 1,000 square feet or more, of asbestos-containing materials, the fee shall be $1,200.
§ 1-26 Asbestos Abatement Permits.
(a) Permit required. An asbestos abatement permit authorizing the performance of construction work shall be required for asbestos projects involving one or more of the following activities:
(1) Obstruction of an exit door leading to an exit stair or the exterior of the building;
(2) Obstruction of an exterior fire escape or access to that fire escape;
(3) Obstruction of a fire-rated corridor leading to an exit door;
(4) Removal of handrails in an exit stair or ramp within the work area;
(5) Removal or dismantling of any fire alarm system component including any fire alarm-initiating device (e.g., smoke detectors, manual pull station) within the work area; (6) Removal or dismantling of any exit sign, including directional signs, or any component of the exit lighting system, including photoluminescent exit path markings within the work area;
(7) Removal or dismantling of any part of a sprinkler system including piping or sprinkler heads within the work area;
(8) Removal or dismantling of any part of a standpipe system including fire pumps or valves within the work area;
(9) Any abatement activity to be performed within a building concurrently with the full demolition of such building or concurrently with the removal of one or more stories of such building.
(10) Removal of any non-load bearing/non-fire-resistance rated wall (greater than 45 square feet or 50 per cent of a given wall) within the work area;
(11) Any plumbing work other than the repair or replacement of plumbing fixtures within the work area;
(12) Removal of any fire-resistance rated portions of a wall, ceiling, floor, door, corridor, partition, or structural element enclosure including spray-on fire-resistance rated materials within the work area;
(13) Removal of any fire damper, smoke damper, fire stopping material, fire blocking, or draft stopping within fire-resistance rated assemblies or within concealed spaces;
(14) Obstruction of an interior stairway leading to an exit or exit passageway of a building.
(1) Plan required. For projects requiring an asbestos abatement permit due to one or more of the activities listed in (a)(1) - (14), the building owner or its authorized representative must submit, together with the asbestos project notification, a work place safety plan (WPSP) and any other applicable construction documents, which must be prepared by a registered design professional, and a permit fee as specified in subsection (g). If the WPSP is being submitted, pursuant to subsection (a)(9), it must also set forth the sequencing of the proposed work. The WPSP may not be approved unless it provides for a buffer of four floors or an adequate buffer as determined by the commissioner between the abatement and the demolition or floor removal work.
(2) Work Place Safety Plan requirements. The WPSP must include, but not be limited to, the following items, depending on the size and scope of the asbestos project:
(i) Floor plans showing the locations of all asbestos project work areas and decontamination enclosure systems in the building.
(ii) Floor plans indicating the locations of any components of the fire alarm system which have been deactivated, and setting forth mitigation measures to be implemented for the duration of the project.
(iii) Floor plans indicating the locations of obstructed or removed exit signage and lighting and setting forth mitigation measures to be implemented for the duration of the project.
(iv) Floor plans indicating the locations of any obstructed means of egress or required exit and setting forth mitigation measures to be implemented for the duration of the project.
(v) Floor plans or riser diagrams indicating the locations of any disengaged or removed components of the fire protection system and setting forth mitigation measures to be undertaken for the duration of the project.
(vi) A written description of all measures taken to mitigate compromised fire protection systems or means of egress, including but not limited to surveillance by a fire watch and an action plan setting forth procedures to be taken for the safety of building occupants in the event of an emergency.
(vii) If the asbestos project is being performed in a building where any dwelling unit is to be occupied for the duration of the permit, the WPSP shall include a tenant protection plan as required by Chapter 1 of Title 28 of the Administrative Code.
(viii) A list of all non asbestos contractors who will perform work on the project.
(3) Approval. The documents submitted, pursuant to subsection (b) will be reviewed by DEP’s asbestos technical review unit (A-TRU) and by any other relevant city agencies. Upon approval by A-TRU, DEP will issue an asbestos abatement permit to the building owner or its authorized representative, who must retrieve the approved stamped copy of the WPSP from DEP and post that copy at the work place.
(4) Failure to comply with the approved WPSP is a violation of these rules.
(1) All inspections required, pursuant to Title 28 of the Administrative Code, including but not limited to special inspections required by Chapter 17 of the Building Code, must be performed by a registered design professional who is independent of the abatement contractor and hired by the building owner or that owner’s authorized representative.
(2) A final inspection shall be performed by a registered design professional after all work authorized by the asbestos abatement permit is completed. The person performing the inspection shall note all failures to comply with the provisions of the Building Code or approved asbestos abatement permit and shall promptly notify the owner in writing. All defects noted in such inspection shall be corrected. The final inspection report shall either:
(i) confirm:
(A) that the construction work is complete, including the reinstallation or reactivation of any building fire safety or life safety component; and
(B) that any defects previously noted have been corrected; and
(C) that all required inspections were performed; and
(D) that the work is in substantial compliance with the approved asbestos abatement permit construction documents, the Building Code, and other applicable laws and rules; or
(ii) confirm:
(A) that the construction work does not return the building (or portion thereof) affected by the abatement project to a condition compliant with the building code and other applicable laws and rules, but that the registered design professional has reviewed an application for asbestos abatement permit construction documents approval that has been approved by the department of buildings, and the subsequent scope of work as approved will, upon completion, render all areas affected by the asbestos project in full compliance with the building code and all applicable laws and rules; and
(B) that any defects previously noted that are not addressed by the subsequent scope of work as approved by the department of buildings, have been corrected; and
(C) that all required inspections that are not addressed by the subsequent scope of work as approved by the department of buildings were performed; and
(D) that all completed work pursuant to an asbestos abatement permit is in substantial compliance with the approved asbestos abatement permit construction documents.
(3) Final inspection reports shall be filed with the DEP on A-TR1 form. Records of final inspections made by registered design professionals shall be maintained by such persons for a period of six years after final inspection, or for such other period as the commissioner shall require, and shall be made available within 72 hours. These records may be maintained in an electronic recordkeeping system instead of in paper form.
(1) The holder of an asbestos abatement permit submits a final inspection report pursuant to (c)(2)(i).
(2) The holder of an asbestos abatement permit submits a final inspection report pursuant to (c)(2)(ii) and obtains a Department of Buildings permit for work which, when completed, will render all areas affected by the project fully compliant with the building code and all other applicable rules and laws.
(1) Failure to terminate an asbestos abatement permit pursuant to subsection (d) within a year from the date of issuance of said permit shall be a violation subject to fine unless the applicant obtains a renewal pursuant to paragraph (2) of this subdivision. Each 60-day period during which such violation continues to occur constitutes a separate offense that may be subject to a separate fine.
(2) The holder of an asbestos abatement permit may extend the term of such permit for additional six month periods upon the submission, within 30 days before the expiration of said permit, of an amendment on a form prescribed by DEP and the payment of a fee in the same amount as the fee paid for the original permit.
(3) If the holder of an asbestos abatement permit fails to terminate an asbestos abatement permit within a year from the date of issuance, the holder shall maintain the work area in a safe manner including but not limited to any mitigation measures set forth in the WPSP and shall not perform work unless the holder reinstates the permit upon submission of an amendment on the forms prescribed by the Department and the payment of a new fee in the same amount as the fee paid for the original permit. Such reinstatement shall be valid for a period of six months from issuance. If the asbestos abatement permit is not terminated during a six-month reinstatement period, the holder of a reinstated asbestos abatement permit must submit a subsequent amendment and fee to reinstate the permit for another six-month period.
| Project Size | Fee |
|---|---|
| Small projects up to 99 linear feet or 49 square feet of ACM | $100 |
| 100 to 259 linear feet or 50 to 159 square feet of ACM | $300 |
| Large projects up to 1,000 square/linear feet of ACM | $500 |
| 1,000 to 4,999 square/linear feet of ACM | $700 |
| 5,000 to 9,999 square/linear feet of ACM | $1,100 |
| 10,000 or more square/linear feet of ACM | $1,300 |
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§ 1-27 Emergency Asbestos Project Notification.
(a) An emergency asbestos project involves the removal, enclosure, encapsulation or cleanup of asbestos-containing material that was not planned but is undertaken when sudden unexpected event(s) result in a situation in which any delay in abatement would pose an immediate danger to public safety and health.
(1) Name, affiliation and telephone number of caller;
(2) Nature of the emergency;
(3) Type of asbestos work to be performed and the quantity of ACM to be abated;
(4) Exact location of the project including street address and borough;
(5) Name, address, and telephone number of the asbestos abatement contractor and the air monitoring company; and
(6) Starting and projected completion dates.
(7) Such other factors as the department may determine are relevant for that project.
(1) that the project is an emergency asbestos project;
(2) the nature of the emergency;
(3) the DEP emergency control number issued at the time of the telephone notification; and
(4) a description of the scope of work. With respect to projects commenced under this section, the department, based on inspection by the department and other relevant agencies, may exempt the emergency project from the requirements of 15 RCNY § 1-26. Any such exemption will be confirmed in writing by the department.
§ 1-28 Record Keeping Requirements for Investigators.
(a) The asbestos investigator must maintain a permanent record as required under this section for every building survey for asbestos that is conducted, pursuant to or submitted in accordance with 15 RCNY §§ 1-22 through 1-27 and 1-38.
(1) A survey report that reflects the condition of the surveyed area at the date and time of the investigator’s inspection. The report is to include, at a minimum, the building or structure address and the name and address of the building or structure owner, as well as the locations, quantities, and condition of all building materials in the affected portion(s) of the building or structure and
(2) A blueprint, diagram, drawing, or written description of each building or portion thereof inspected by the investigator that identifies clearly each location and approximate linear or square footage of all areas affected by the proposed work where material was sampled and/or assumed to be ACM, the exact locations where bulk samples were collected, and the date of collection, and
(3) The printed name and signature of any and all persons who collect bulk samples for the purpose of determining the presence of ACM, a copy of the current New York State asbestos inspector certificate of each such person, the name of the firm performing the survey and a copy of its current NYSDOL asbestos handling license, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis and the name and signature of the person performing the analysis; and
(4) A detailed written description of any proposed demolition, renovation, alteration or modification work to be performed, including the techniques to be used and a description of affected facility components; and
(5) A chain of custody for all bulk samples collected as part of the survey.
§ 1-29 Maintenance of Project Record and Project Summary.
(a) A project record shall be maintained for all small and large asbestos projects. During the project, the project record shall be kept on site at all times and may be maintained by the building owner or his authorized representative, which may be the asbestos abatement contractor or the air monitoring company. Upon completion of the project, the project record shall be maintained by the building owner. The project record shall be produced upon verbal or written request by any DEP inspector. Upon transfer of ownership of the building, all project records for past asbestos projects shall be turned over to the new owner. The project record shall consist of:
(1) Copies of licenses of all contractors involved in the project.
(2) Copies of DEP and NYSDOL supervisor and handler certificates for all workers engaged in the project;
(3) Copies of all project notifications and reports filed with DEP and NYSDOL for the project, with any amendments or variances;
(4) Copies of all asbestos abatement permits, including associated approved plans and work place safety plan;
(5) A copy of the air sampling log and all air sampling results;
(6) A copy of the abatement contractor’s and air monitor’s daily log books;
(7) All data related to bulk sampling including the results of any asbestos surveys performed by an asbestos investigator;
(8) Copies of all waste manifests;
(9) A copy of all project monitor’s reports.
(1) Name, address, and DEP certificate number of all individuals who worked on the project;
(2) Location and general description of the project;
(3) Amount of ACM abated;
(4) Start and completion dates;
(5) Name, address, and NYSDOL asbestos handling license number of the air monitoring company;
(6) Name, address, and ELAP registration number of the laboratory used for air sample analysis;
(7) Name and address of the site used for disposal of the ACM waste generated by the project;
(8) Name and address of the asbestos hauler;
(9) Copy of the project log.
(1) The DEP certificate number of all air monitoring technicians who worked on the project;
(2) The location and general description of the project;
(3) The start and completion dates for the project;
(4) The name, address, and ELAP registration number of the laboratory used for air sample analysis; and
(5) A copy of the project air sampling log.
Subchapter D: Air and Bulk Sampling, Monitoring and Analysis
§ 1-31 Performance of Air and Bulk Sampling, Monitoring and Analysis.
Air sampling, monitoring, and analysis on asbestos projects, and bulk sampling and analysis to determine asbestos content, shall be performed in accordance with the provisions of the following 15 RCNY §§ 1-31 through 1-45 inclusive.
§ 1-36 Persons Qualified to Perform Sampling and Analysis.
(a) Sampling and analysis shall be performed by:
(1) A third party who is contracted by the building owner, holds a current NYSDOL asbestos handling license, and is completely independent of all parties involved in the asbestos project. The third party who conducts air sampling on an asbestos project shall not be a subcontractor of the abatement contractor, and shall not have any business, personal, or other relationship with the abatement contractor. The building owner shall select and hire the air monitoring firm without recommendation or reference from the abatement contractor. It shall be a violation of this subsection, chargeable against the abatement contractor, the air monitoring firm, and the building owner, for an air monitoring firm to conduct air monitoring on an asbestos project where there is a business or personal relationship between the abatement contractor and the air monitoring firm. It shall be considered prima facie evidence of a business or personal relationship between an abatement contractor and an air monitoring firm when the same firm performs air monitoring on all or virtually all of a given abatement contractor’s projects. The person who conducts sampling shall be currently certified as a New York State Asbestos Project Air Sampling Technician when performing air sampling. Failure to have a valid certification based either on office records or upon request shall be a violation chargeable against the individual conducting the sampling; or
(2) Sampling and analysis staff which may not be independent of the building owner but are independent of the abatement contractor involved in the asbestos project, but only if such staff:
(i) performs in conjunction with a third party quality assurance program in which 10 percent of the samples, except for bulk samples initially found to contain ACM, from each project are randomly selected and will be analyzed by both entities; and
(ii) in the case of air sampling, possesses valid New York State Asbestos Project Air Sampling Technician Certification.
(3) Sampling and analysis staff of a public service corporation with respect to asbestos projects that involve electric, steam or gas generation, distribution or transmission facilities provided that the requirements of subparagraphs (i) and (ii) of paragraph 2 of this section are complied with.
(4) Only persons certified by the Department as asbestos investigators or by New York State Department of Labor as Asbestos Inspectors may select and collect bulk samples for analysis.
(1) Successful completion by the laboratory’s active analysts of the NIOSH 582 training course which outlines the NIOSH 7400 method; and
(2) Analysts with skills in the appropriate methodology and proficiency in the NIOSH PAT Program for PCM analysis; and
(3) Accreditation in ELAP.
§ 1-37 Sampling Equipment Requirements.
(a) Bulk sampling requirements.
(1) Bulk samples shall be taken by whatever method minimizes the potential for fiber release.
(2) Any material which remains exposed as a result of the sampling procedure shall be sealed.
(1) Name of the firm and the certified air sampling technician performing the project air sampling, per work shift or day for all area air samples collected.
(2) Dates of project air sample collection, per work shift or day of area air samples, with appropriate reference to the work area to which the air samples apply.
(3) Sample location sketch, showing the sample ID numbers, identifying all project air sample locations, per work shift or day of area air samples. The sketch must be made within one hour of the beginning of sample collection.
(4) Flow rate primary or secondary calibration device identification number, method of flow rate primary or secondary device calibration and date of last calibration, per work shift or day of area air samples.
(5) Flow rate of sampling pumps with pre and post calibration listed for each area air sample collected.
§ 1-38 Asbestos Assessment Report – Asbestos Survey and Sampling Requirements.
(a) The asbestos survey shall at a minimum identify and assess the exact locations and quantities of ACM, PACM, and suspect miscellaneous ACM. The asbestos investigator is responsible for the identification and assessment of all types of ACM, PACM and suspect miscellaneous ACM within each area, as indicated by the proposed scope of work or job description(s) indicated in the DOB permit applications or plans.
(1) PACM Sampling Requirements.
(a) Surfacing Material. Surfacing material includes but is not limited to fireproofing, acoustical plaster, finish plasters and skim coats of joints. Surfacing materials must be sampled as follows:
i. At least 3 samples from each homogeneous area that is 1,000 square feet (sf) or less.
ii. At least 5 samples from each homogeneous area that is greater than 1,000 sf but that is 5,000 sf or less.
iii. At least 7 samples from each homogeneous area that is greater than 5,000 sf.
(b) Thermal System Insulation (TSI). TSI includes, but is not limited to, equipment insulation, boiler, breeching, boiler rope, duct, or tank insulation, cement or mortar used for boilers and refractory brick, piping and fitting insulation including but not limited to wrapped paper, aircell, millboard, rope, cork, preformed plaster, job molded plaster and coverings over fibrous glass insulation. TSI must be sampled as follows:
i. At least 3 samples from each homogeneous area of TSI.
ii. At least one sample from each homogeneous area of patched TSI if the patched section is less than 6 linear feet or 6 square feet.
iii. In a manner sufficient to determine if the material is ACM, for packed fittings such as elbows, valves, tees, etc.
iv. Samples are not required where the asbestos investigator has determined that the TSI is fiberglass, foam glass, rubber, or other non-asbestos containing building material.
(c) Suspect Miscellaneous Materials. Other suspect miscellaneous materials including, but not limited to, insulation board, vapor barriers, coatings, non-metallic or non-wood roof decking, felts, cementitious board (transite), pipe (transite), flashing, shingles, galbestos, dust and debris, floor tiles, cove base, floor leveler compound, ceiling tile, vermiculite insulation, gaskets, seals, sealants (including for condensate control), vibration isolators, laboratory tables and hoods, chalkboards, pipe penetration packing and other fire-stopping materials, millboard, electrical wire insulation, fire curtains, fire blankets, fire doors, brakes and clutches, mastics, adhesives, glues, caulks, sheet flooring (linoleum), wallpaper, drywall, plasterboard, spackling/ joint compound, textured paint, grout, glazing compound, and terrazzo. Suspect miscellaneous materials must be sampled as follows: At least 2 samples shall be taken, or samples shall be taken in a manner sufficient to determine if the material is ACM.
§ 1-41 Air Sampling Schedule.
(a) At a minimum, air sampling shall be conducted in accordance with the following schedule:
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| Equal to or Greater than 10,000 ft.2or 10,000 linear ft. of ACM per work area | PCM | PCM | TEM | |
|---|---|---|---|---|
| Less than 10,000 ft.2or 10,000 linear ft. of ACM | PCM | PCM | PCM | |
| Large Asbestos Projects | ||||
| Full Containment | 10 | 5 | 10 | |
| Glovebag inside Tent | 5a | 5a | 5a | |
| Exterior Foam and Vertical Surfaces | – | 5c | 5d | |
| Interior Foam | 10 | 5c | 10d | |
| Small Asbestos Projects | ||||
| Full Containment | 6 | 3 | 6 | |
| Glovebag inside Tent | 3b | 3b | 3b | |
| Tent | 3b | 3b | 3b | |
| Exterior Foam and Vertical Surfaces | – | 3c | 3d | |
| Interior Foam | 6 | 3c | 6d | |
| Minor Projects | ||||
| Glovebag inside Tent | – | – | 1d | |
| Tent | – | – | 1d | |
| Exterior Foam and Vertical Surfaces | – | – | 1d | |
| Interior Foam | – | – | 1d |
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a if more than three (3) tents then two (2) samples required per enclosure.
b if more than three (3) tents then one (1) sample required per enclosure.
c samples shall be taken within the work area(s).
d area sampling is required only if:
– visible emissions are detected during the project
– during-abatement area sampling results exceeded 0.01 f/cc or the pre-abatement area sampling result(s) for interior projects where applicable.
– work area to be reoccupied is an interior space at a school, healthcare, or daycare facility.
Note: TEM is acceptable wherever PCM is required.
(1) For large full-containment and interior foam method asbestos projects, a minimum of five samples inside and five samples outside the proposed work area.
(2) For small full-containment and interior foam method asbestos projects, a minimum of three samples inside and three outside the proposed work area.
(3) For large and small asbestos projects employing the glovebag procedure within a tent, a minimum of five and three samples, respectively, or two samples per enclosure if more than three enclosures.
(4) For small asbestos projects solely employing tent procedure, a minimum of three samples inside each proposed work area, or two samples per enclosure if more than three enclosures.
(5) For all exterior projects (foam or vertical surface), no pre-abatement sampling is required.
(1) For large asbestos projects employing full containment, area air sampling shall be performed at the following locations:
(i) Two area samples outside the asbestos project work area in uncontaminated areas of the building, remote from the decontamination facilities.
(A) Primary location selection shall be within 10 feet of isolation barriers.
(B) Where negative ventilation exhaust ducting runs through uncontaminated building areas, one area sample will be required in these areas to monitor any potential fiber release.
(C) Where exhaust tubes have been grouped together in banks of up to five (5) tubes, with each tube exhausting separately and the bank of tubes terminating together at the same controlled area, one area air sample shall be taken.
(ii) One area sample within five feet of the uncontaminated entrance to each worker decontamination and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable; and
(iii) One area sample within 5 feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors but not within a duct.
(iv) One area sample outside, but within 25 feet of, the building or structure, if the entire building or structure is the work area.
(2) For large asbestos projects involving interior foam method, area air sampling shall be performed at the following sampling locations:
(i) One area sample taken outside the work area within 10 feet of isolation barriers.
(ii) One area sample taken within five feet of the uncontaminated entrance to each worker decontamination and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within 5 feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors but not within a duct, if applicable.
(iv) Three area samples inside the work area.
(v) One area sample where the negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(3) For large asbestos projects involving exterior foam method or removal of ACM from vertical surfaces, a minimum of five continuous area samples shall be taken concurrently with the abatement for each work area using the following minimum requirements:
(i) Four area samples inside the work area and remote from the decontamination systems.
(ii) One area sample within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample outside the work area within 25 feet of the building or structure, if the entire building or structure is the work area.
(iv) One area sample inside the building or structure at the egress point to the work area, if applicable.
(4) For large asbestos projects employing the glovebag procedure within a tent, a minimum of five continuous air samples shall be taken concurrently with the abatement for each work area, unless there are more than three enclosures, in which case two area samples per enclosure are required.
(i) Four area samples taken outside the work area within ten feet of tent enclosure(s).
(ii) One area sample taken within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within five feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors, but not within a duct, if applicable.
(iv) One area sample where negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(5) For small asbestos projects employing full containment, a minimum of three continuous area samples shall be taken concurrently with the abatement for each work area at the following locations:
(i) Two area samples taken outside the work area within ten feet of the isolation barriers.
(ii) One area sample within five feet of the uncontaminated entrance to each worker or waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within five feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors, but not within a duct, if applicable.
(iv) One area sample where negative ventilation exhaust ducting runs through an uncontaminated building area, if applicable.
(6) For small asbestos projects involving the use of foam method on the exterior of a building or the removal of ACM from exterior surfaces, a minimum of three continuous area samples shall be taken concurrently with the abatement for each work area at the following locations:
(i) Two area samples inside the work area and remote from the decontamination systems.
(ii) One area sample within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample inside the building or structure at the egress point to the work area, if applicable.
(7) For small asbestos projects using the tent procedure (with or without the use of glovebags), a minimum of three area samples shall be taken concurrently with the abatement for each work area unless there are more than two enclosures, in which case one sample per enclosure is required.
(i) Two area samples taken outside of the work area within ten feet of the tent.
(ii) One area sample within five feet of the uncontaminated entrance to each worker and waste decontamination system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample within five feet of the unobstructed exhaust from a negative pressure ventilation system exhausting indoors, but not within a duct, if applicable.
(iv) One area sample where negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(8) For small asbestos projects employing interior foam procedures, a minimum of three continuous area samples shall be taken concurrently with the abatement for each work area at the following locations:
(i) One area sample taken inside the work area.
(ii) One area sample taken within five feet of the uncontaminated entrance to each worker and waste decontamination enclosure system, or parallel worker and waste decontamination system, if applicable.
(iii) One area sample taken outside the work area within ten feet of the isolation barriers.
(iv) One area sample where negative ventilation exhaust ducting runs through uncontaminated building areas, if applicable.
(1) For small asbestos projects:
(i) involving full containment or interior foam method (if required by 15 RCNY § 1-41(a)), three area samples inside and three outside the work area;
(ii) involving tent procedure (with or without the use of glovebags), three area samples inside each work area or one area sample inside each tent if there are more than three tents;
(iii) involving exterior foam method or removal from vertical surfaces, three area samples inside the restricted area beneath and/or immediately adjacent to the work area, only if visible emissions were detected during the project, or abatement area samples exceeded 0.01 f/cc.
(2) For large asbestos projects:
(i) a minimum of five area samples inside and five outside the work area, for projects involving full containment or interior foam method (if required by 15 RCNY § 1-41(a)). In addition to the five sample minimum, one representative area sample must be collected both inside and outside the work area for every 5,000 square feet above 25,000 square feet of floor space when ACM has been abated.
(ii) a minimum of five area samples inside each tent enclosure where glovebag procedures are being used, or two area samples inside each tent where glovebag procedures are being used if there are more than three tents;
(iii) involving exterior foam method or removal from vertical surfaces, five area samples inside the restricted area beneath and/or immediately adjacent to the work area, only if visible emissions were detected during the project, or abatement area samples exceeded 0.01 f/cc.
(3) When TEM analysis is employed a minimum of 5 samples from outside the work area shall also be collected.
(4) For minor projects post-abatement clearance air monitoring is not required, unless visible emissions were detected outside the work area and/or levels exceeded 0.01 f/cc during abatement, or the project was conducted inside a school, daycare, or healthcare institution. In such cases, one area sample shall be taken.
§ 1-42 Monitoring Requirements.
Monitoring requirements and procedures for other than post-abatement clearance air monitoring are as follows:
| Area Samples for Analysis by | Minimum Volume | Flow Rate |
|---|---|---|
| PCM 25 mm | 560 | 5 to 15 liters/min. |
| TEM 25 mm | 560 | 1 to 10 liters/min. |
| TEM 37 mm | 1,250 | 1 to 10 liters/min. |
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§ 1-43 Post-Abatement Clearance Air Monitoring.
Post-abatement clearance air monitoring requirements are as follows:
(2) Sampling shall not begin until at least 1 hour after the area is dry from the third cleaning (see 15 RCNY § 1-112(e)) and no visible pools of water or condensation remain. For pre-demolition asbestos abatement activity, sampling shall begin 2 hours after the area is dry and no visible pools of water or condensation remain.
(1) Before starting the sampling pumps, use forced air equipment (such as a 1 horsepower leaf blower) to direct exhaust air against all walls, ceilings, floors, ledges and other surfaces in the work area.
(i) For asbestos projects: this pre-sampling procedure shall take at least 5 minutes per 1,000 sq. ft. of floor area; then install one 20-inch fan per 10,000 cubic feet of room space. Then immediately place the fan on slow speed and point it toward the ceiling.
(ii) For pre-demolition asbestos abatement activity, this pre-sampling procedure shall take at least three minutes, after which the 20-inch fan shall be left running unattended in the work area throughout sampling. This procedure shall be acceptable when the floor area of the work area is less than 500 square feet. At or above 500 square feet of floor area within the work area, the aggressive sampling procedures specified in this subdivision (d) for asbestos projects shall be conducted.
(2) Start the sampling pumps and sample for the required time or volume.
(3) Turn off the pump and then the fan(s) when sampling is completed.
| Area Samples for Analysis by | Minimum Volume | Flow Rate |
|---|---|---|
| PCM | 1,800 Liters | 5 to 15 liters/min. |
| TEM | 1,250 Liters | 1 to 10 liters/min. |
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§ 1-44 Analysis and Reporting Results.
Laboratory analyses and reporting shall be considered evidence of compliance with this chapter only if they conform to the following requirements:
§ 1-45 Action Criteria.
(a) When visible emissions occur outside the work area, or any area air sample has indicated a determinant level of fiber concentrations greater than the larger of baseline levels or 0.01 f/cc, work shall stop for inspection.
(1) For large or small asbestos projects, the integrity of barriers, if disturbed, shall be restored. Clean-up of surfaces outside of the work area using HEPA vacuums or wet cleaning techniques shall be done prior to resuming abatement activities.
(2) For tent procedures, HVAC systems to or in the work area shall be shut down and the work area shall be wet cleaned or HEPA vacuumed until the area air samples indicate the fiber concentration is below the determinant level. If fiber concentrations remain above the determinant level for longer than 24 hours, isolation barriers and engineering controls shall be installed and maintained.
(2) For PCM analysis involved in alteration or renovation projects, the clearance air monitoring shall be considered satisfactory when every sample is less than or equal to 0.01 f/cc or less than the ambient concentration, whichever is larger.
(3) For TEM analysis, the clearance monitoring will be considered satisfactory if conducted in accordance with 40 C.F.R. Part 763, Subpart E, Appendix A Section IV – Mandatory Interpretation of Transmission Electron Microscopy Results to Determine Completion of Response Actions.
(4) Clearance air monitoring results shall be submitted directly to the Department within 24 hours of request.
Subchapter E: Personnel Protection and Equipment Specifications
§ 1-51 Personnel Protection and Hygiene Requirements.
(a) Prior to project initiation, all workers engaged in abatement activities on an asbestos project or minor project must be certified by DEP.
(1) Disposable clothing including head, hand, foot and full body protection shall be provided by the contractor in sufficient quantities and adequate sizes for all workers and authorized visitors.
(2) Hard hats, protective eyewear, gloves, rubber boots and/or other footwear must be provided by the contractor as required for workers and authorized visitors. Safety shoes and hard hats must be in accordance with the most recent ANSI standards.
(3) Contaminated clothing shall be sealed in impermeable bags and the bags shall be appropriately labeled.
(1) There shall be no smoking on any floor of the building where abatement activities are taking place.
(2) Jewelry, watches, and cellular telephones shall not be worn, carried, or kept in contaminated areas.
(3) The contractor shall provide clean change areas for the workers. Change areas shall be equipped with separate storage facilities for protective clothing and street clothing.
(4) If lunch areas are provided, they shall be located outside the work place in an area in which the airborne concentrations are below 0.01 f/cc.
(5) There shall be no eating, drinking, application of cosmetics, or chewing of gum or tobacco inside the work place. There shall be no food or beverages present in the work place.
(6) There shall be no lighters or matches in the work place.
(1) A copy of the U.S. Environmental Protection Agency Regulations for Asbestos, 40 C.F.R. 61 Subparts A and M and a copy of OSHA Asbestos Regulations, 29 C.F.R. § 1926.1101, and 12 NYCRR Part 56; and
(2) A list of telephone numbers for local hospital, location of hospital and/or emergency squad, local fire department, the building owner (or representative) and the N.Y.C. Asbestos Control Program, and
(3) A copy of these Rules, the most recent Asbestos Abatement Notice (Form ACP-13), asbestos abatement (ATRU) permits, any variance application (Form ACP-9) and DEP approval thereof, and
(4) A copy of all Safety Data Sheets (SDS) for chemicals used during the asbestos project, and
(5) Original New York City Asbestos handler and supervisor certificates of all workers in the work site, and
(6) A copy of the current New York State Department of Labor asbestos handling license of the abatement contractor and air monitoring company.
(7) A copy of any asbestos survey performed in the affected building in accordance with these rules.
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§ 1-61 Materials and Equipment.
The materials and equipment used during allabatement activities shall conform with the following:
Subchapter F: Asbestos Project Procedures
§ 1-71 Applicability.
In addition to 15 RCNY §§ 1-01 through 1-61, the following 15 RCNY §§ 1-81 through 1-83, 1-91 through 1-94 and 1-111 and 1-112 shall apply to all asbestos projects. 15 RCNY §§ 1-101 through 1-110 shall apply to all asbestos abatement activities.
§ 1-81 General Work Place Preparation Requirements.
The following procedures shall be followed during the conduct of abatement activities on asbestos projects. The procedures set forth in this subdivision shall be performed in the order set forth below:
(1) If electrical circuits, machinery, and other electrical systems in or passing though the work area must stay in operation due to health and safety requirements, the following precautions must be taken:
(i) All unprotected cables, except low-voltage (less than 24 volts) communication and control system cables, panel boxes of cables and joints in live conduit that run through the work area shall be covered with three (3) independent layers of six (6) mil fire retardant polyethylene. Each layer shall be individually duct taped and sealed. All three (3) layers of polyethylene sheeting shall be left in place until satisfactory clearance air sampling results have been obtained.
(ii) Any energized circuits remaining in the work area shall be posted with a minimum two (2) inch high lettering warning sign which reads: DANGER LIVE ELECTRICAL – KEEP CLEAR. A sign shall be placed on all live covered barriers at a maximum of ten (10) foot intervals. These signs shall be posted in sufficient numbers to warn all persons authorized to enter the work area of the existence of the energized circuits.
(i) removed using a tent procedure (including engineering controls); and/or
(ii) treated via wet methods.
(2) Removal by the above procedures shall be limited to a maximum of a one foot wide strip running the length and/or height of the partition and is allowed only to facilitate erection of the partitions.
(1) shut down and lock out HVAC systems and install isolation barriers (see 15 RCNY § 1-81(n)) to prevent contamination and fiber dispersal to other areas of the structure, or
(2) isolate locally and provide temporary HVAC, or
(3) positive pressurization of the HVAC system. This procedure shall be applied only under the direction and control of a professional engineer, or other knowledgeable licensed professional.
(1) Partitions shall be constructed of conventional 2 x 3 (minimum) wood or metal stud framing, 16”CC maximum, to support barriers in all openings larger than 32ft2, except where any one dimension is 1 foot or less, or where openings are exits covered in subdivision (p) below.
(2) A solid construction material (e.g. fire rated plywood) of at least 3/8” thickness shall be applied to the work side of the framing. In secure interior areas where partitions are not subject to access from the public, an additional layer of fire retardant 6-mil plastic sheeting may be substituted for the solid construction material.
(3) The partitions shall be caulked/sealed at the floor, ceiling, walls, joints and fixtures to form an airtight seal.
(4) Where the opening is an exit covered in subdivision (s) below, or where the partition would block egress, the partition shall consist of two sheets of fire-retardant 6-mil plastic, prominently marked as an exit with signage so as to be visible both in normal light and in the event of a power failure. Cutting tools (e.g., knife, razor) shall be attached to the work area side of the sheeting for use in the event that the barrier must be cut open to allow egress.
(5) Means of egress shall not be obstructed by hardwall barriers.
(1) The elevator door in the work area must be enclosed with conventional 2 x 4 stud framing, covered with 3/8” fire rated plywood sheeting and sealed at all edges and seams. The barrier must be covered and lapped for 8 inches with two layers of fire retardant 6-mil plastic sheeting adhered individually with edges taped for air tightness. There shall be no more than a six inch clearance between the elevator door and hard wall barrier.
(2) Elevators not remaining in service shall have the fuses removed and the power switch locked in the open position.
(3) Elevators that remain in operation shall conform to the following additional procedures to minimize the piston effect that results:
(i) Elevator control shall be modified to bypass the work area.
(ii) A final larger layer of fire retardant 6-mil plastic sheeting is to be taped airtight but with slack forming a larger perimeter diaphragm. Air leakage across the barrier shall be corrected upon discovery, and the elevator shaft shall be checked for airborne asbestos contamination.
(iii) This system shall be smoke tested daily.
(4) Elevator shafts shall not be used as waste chutes or to convey any ACM.
(5) Signage must be posted in the main lobby stating the specific floors where the elevators are out of service due to abatement.
§ 1-82 Worker Decontamination Enclosure System.
The following procedures shall be followed during the conduct of abatement activities on asbestos projects:
(1) shall at a minimum, have functionality and security equivalent to constructed decontamination enclosure facilities, and
(2) shall be completely decontaminated prior to removal from the work site.
(1) shall contain secure crew lockers or shelves, and clean sealable plastic bags for storage of street clothes, and
(2) shall contain shelves or appropriate facilities for storage of respirators, and
(3) shall contain clean disposable clothing, replacement filters for respirators, towels and other necessary personal protective equipment, and
(4) shall not be used for storage of tools, equipment or materials, other than personal protective equipment, nor used as office space, and
(5) shall be equipped with a lockable door to secure the work place during off-shift hours.
(1) shall contain a minimum of one (1) shower per 6 workers calculated on the basis of the largest shift, and
(2) shall have shower heads supplied with hot and cold water adjustable at the shower, and
(3) shall be constructed to ensure against water leakage, and shall contain a rigid catch basin at least six (6) inches deep, and
(4) shall contain liquid bath soap, shampoo, and clean dry towels in sufficient quantity for each worker for each showering.
(1) Filtered wastewater shall be discharged either to a sewer or drummed and then properly disposed.
(2) Used filters shall be disposed of as asbestos-containing waste material.
(1) shall be used for storage of equipment and tools used on the job that have been cleaned previously in the work area, and
(2) may contain a limited supply of replacement filters (in sealed containers until used) for HEPA vacuums and pressure ventilation equipment, extra tools, containers of surfactant and other materials and equipment that may be required during the abatement activity, and
(3) shall contain labeled 6-mil plastic bags for collection of disposable clothing, and
(4) shall be used to store contaminated footwear (e.g. rubber boots and other reusable footwear) and contaminated clothing for reuse for the duration of the abatement activity or until disposed.
§ 1-83 Waste Decontamination Enclosure System.
The following procedures shall be followed for removal of asbestos-containing waste material and equipment during the conduct of abatement activities on asbestos projects: (a) The waste decontamination enclosure system shall be located outside the work area and attached to all locations through which ACM waste will be removed from the work area. A waste decontamination enclosure system shall consist of two totally enclosed chambers and shall also comply with the following requirements:
(1) the washroom shall be constructed with a curtained doorway to the work area and an airlock doorway to the holding area (see Illustration II); and be equipped with a catch basin and a drain installed to collect and deliver wastewater to either the shower drain or to a separate holding vessel where it is filtered;
(2) the holding area shall be constructed with a curtained doorway to the washroom and a lockable door to the outside (see Illustration II); if remote from the washroom, it shall comply with all applicable NYC Department of Sanitation regulations pursuant to Local Laws 70 of 1985 and 21 of 1987.
(1) the holding area of the waste decontamination enclosure system may branch off from the equipment/decontamination room (see Illustration III). Thus constructed, the equipment room alternates as a waste washroom. In this case the waste washroom shall be equipped with a catch basin and a drain, installed to collect and deliver waste water to either the shower drain or a separate holding vessel from where it is filtered, or
(2) where total asbestos-containing material disturbed in the asbestos project is less than 1,000 linear feet or 1,000 square feet, the shower room may be used as a waste washroom and shall be equipped as set forth in 15 RCNY § 1-83(b)(1), and
(i) the clean room, in the configuration shown in Illustration I, may not be used for waste storage but may be used for waste transfer to carts, which are stored outside the clean room in a designated holding area.
§ 1-84 Small Asbestos Project Worker and Waste Decontamination Enclosure System.
The following alternative to 15 RCNY §§ 1-82 and 1-83 shall be applicable for small projects only:
§ 1-91 Engineering Controls.
The following procedures shall be followed during the conduct of abatement activities on asbestos projects:
(1) On all asbestos projects, a manometer shall be used to document the pressure differential. The manometer shall be installed and made operational once the negative pressure has been established in the work area. Magnahelic manometers shall be calibrated at least every six months, and a copy of the current calibration certification shall be available at the work site.
(1) the make-up air inlets shall be sealed airtight, and
(2) the decontamination systems shall be sealed airtight after the evacuation of workers and/or authorized visitors from the work area, and
(3) all adjacent areas shall be monitored for asbestos fiber concentration upon discovery of, and subsequently throughout, the power failure.
(1) All openings (including but not limited to operable windows, doors, vents, air intakes or exhausts of any mechanical devices) less than 15 feet from the exterior exhaust duct termination location shall be plasticized or made airtight, or a second negative pressure ventilation unit with the primary unit’s capacity shall be connected in series prior to exhausting to the outside.
(2) Negative pressure ventilation equipment shall exhaust away from areas accessible to the public.
(3) All ducting shall be sealed and braced or supported to maintain airtight joints. Ducts shall be reinforced and shall be installed so as to prevent breakage. Damage to ducts must be repaired immediately.
§ 1-92 Work Place Entry and Exit Procedures.
The following procedures shall be followed during the conduct of abatement activities on asbestos projects:
(1) All workers and authorized visitors shall enter the work area through the worker decontamination enclosure system.
(2) All individuals who enter the work area shall sign the log located in the clean room, upon each entry and exit. The log shall be permanently bound and shall identify fully the facility, owner, agents, contractor(s), the project, each work area and worker respiratory protection employed. The log shall be available for examination during abatement activities by the Department, the owner and the workers. A copy of the log shall be submitted directly to the Department within 72 hours of request.
(3) All individuals before entering the work area, shall be familiar with all posted regulations, personal protection requirements and emergency procedures. The log headings shall indicate, and the signatures shall be used to acknowledge, that the regulations and procedures have been reviewed and understood by all persons prior to entering the work area. The postings and log headings shall be in English and in the language of the majority of the asbestos handlers.
(4) All individuals shall proceed first to the clean room, remove all street clothing, store these items in clean sealable plastic bags or a locker and don personal protective equipment. Clean personal protective equipment shall be provided and utilized by each individual for each separate entry into the work area.
(1) Before leaving the work area, each individual shall remove the gross contamination from the outside of the respirators and protective clothing by wet cleaning, and/or HEPA vacuuming.
(2) In the equipment room, all personal protective equipment except respirators shall be removed. Disposable clothing shall be deposited into labeled containers for disposal. Reusable contaminated clothing, footwear, and/or head gear shall be stored in the equipment room when not in use.
(3) Still wearing a respirator, each person shall proceed to the shower room, clean the outside of the respirator and the exposed face area under running water prior to removal of the respirator, and then fully and vigorously shower and shampoo to remove residual asbestos contamination. Respirators shall be washed thoroughly with soap and water or a suitable sanitizing agent. Various types of respirators may require slight modification of these procedures.
(4) After showering and drying, personnel shall proceed to the clean room and don clean disposable clothing if returning to the work area or street clothing if remaining outside the work area.
§ 1-93 Equipment and Waste Container Decontamination and Removal Procedures.
The following procedures shall be followed whenever equipment or containers are removed from the work area during an asbestos project:
§ 1-94 Maintenance of Decontamination Enclosure Systems and Barriers.
The following procedures shall be followed during the conduct of abatement activities on asbestos projects:
§ 1-101 Applicability.
The following 15 RCNY §§ 1-102 through 1-110 inclusive shall apply to all abatement activities.
§ 1-102 ACM Disturbance, Handling and Removal Procedures.
The following procedures shall be followed during the conduct of abatement activities:
§ 1-103 Encapsulation Procedures.
The following procedures shall be followed for the encapsulation of ACM:
(1) as a lockdown sealant for coating all non-metallic surfaces, or
(2) for sealing of cementitious ACM.
(1) Testing is to occur only after the isolation barriers are in place.
(2) Testing shall be by the USEPA method specified in the appendix of “Guidelines for the Use of Encapsulants on Asbestos-Containing Materials” or ASTM Standard Test Method E736-80. The encapsulated materials shall achieve a cohesive/adhesive strength of 100 lb/ft perpendicular to the surface.
(1) Spraying shall occur at the lowest pressure range possible to minimize fiber release from encapsulant impact at the surface. It shall be applied with a consistent horizontal or vertical motion.
(2) Each subsequent coat of encapsulant shall be applied at a right angle to the preceding coat application or per manufacturer’s specifications.
(1) A periodic inspection and maintenance program, consisting of an inspection at least annually to check for damage to all encapsulated surfaces. Recoating and repairs are to be performed according to procedures in this section.
(2) Maintenance of records by the building owner, on the locations and condition of the encapsulated material and on alteration, renovation, modification, or other procedures that resulted in disturbance of the encapsulated material.
(3) When conditions change and encapsulation is no longer an appropriate method, additional abatement methods should be conducted.
§ 1-104 Enclosure Procedures.
The following procedures shall be followed for the enclosure of ACM:
(1) A periodic inspection and maintenance program, consisting of an inspection at least annually to check for damage to all enclosed surfaces. Re-enclosure and repairs are to be performed according to NYC Work Site Procedure regulations.
(2) Maintenance of records by the building owner, on the locations and condition of the enclosed material and on alteration, renovation, modification, or other procedures resulting in disturbance of the enclosed material.
(3) When conditions change and enclosure is no longer an appropriate method of asbestos abatement, additional abatement methods should be conducted.
§ 1-105 Glovebag Procedures.
The following procedures shall be followed during the conduct of abatement activities:
(1) All necessary tools and materials shall be brought into the work area before the glovebag procedure begins.
(2) Air monitoring shall be conducted in accordance with 15 RCNY §§ 1-31 through 1-45.
(3) Glovebag procedures shall be conducted by workers specifically trained in glovebag procedures and equipped with appropriate personal protective equipment.
(4) The insulation diameter worked shall not exceed one half the bag working length above the attached gloves.
(5) The ACM within the secured glovebag shall be wetted with amended water prior to stripping.
(6) The bag shall be attached over duct tape which has been placed securely around the insulation, forming a smooth seal. The bag shall be securely attached to the insulation in a manner to prevent air transfer.
(7) After placement, each glovebag must pass a smoke test. The glovebag shall be placed under negative pressure utilizing a HEPA vacuum, and a smoke tube shall then be aspirated to direct smoke at all seams and seals from outside the glovebag. Any leaks detected by the smoke test shall be duct taped airtight.
(8) If the insulation adjacent to the section which will be worked on is damaged, or if the insulation terminates or is jointed or contains an elbow adjacent to the work section, the adjacent insulation shall be wrapped in fire retardant 6-mil polyethylene sheeting and sealed airtight with duct tape.
(9) After the insulation has been removed, the surface shall be sprayed with amended water and brush-scrubbed to remove all visible ACM. The surface, the interior of the bag, the insulation and the tools shall then be sprayed with amended water. The enclosed volume shall be misted and time allowed for the mist to settle out before breaking the seal to remove the glovebag.
(10) Any insulation ends created by this procedure shall be:
(i) sealed with encapsulant prior to bag removal, or
(ii) thoroughly wetted before bag removal and sealed with wettable cloth end caps and spray glue or any combination of these materials immediately following bag removal.
(11) The tool pouch shall be separated from the bag prior to disposal by twisting it and the wall to which it is attached several times, and taping the twist to hold it in place, thus sealing the bag and the pouch which are severed at the midpoint of the twist. Alternatively, the tools can be pulled through with one or both glove inserts, thus turning the gloves inside out. The glove(s) is/are then twist sealed forming a new pouch, taped and several mid-seal forming two separate bags.
(12) A HEPA vacuum shall be used for evacuation of the glovebag in preparation for removal of the bag from the surface for clean-up in the event of a spill, and for post project clean-up.
(13) With the glovebag collapsed and the ACM in the bottom of the bag, the bag shall be twisted several times and taped to seal that section during bag removal.
(14) A 6-mil plastic bag shall be slipped around the glovebag while it is still attached to the surface. The bag shall be detached from the surface by removing the tape or cutting the top with blunt scissors.
(15) The asbestos-containing waste, the clean-up materials, and protective clothing shall be wetted sufficiently, double-bagged minimizing air content, sealed separately, and disposed of in conformance with 15 RCNY §§ 1-93 and 1-102.
§ 1-106 Tent Procedures.
All sections of these rules must be followed in conjunction with this section except 15 RCNY § 1-112(a) - (l). Tent Procedures must be conducted as follows:
(1) be wet cleaned using rags, mops or sponges; and
(2) be permitted sufficient time to dry, prior to HEPA vacuuming all substrates; and
(3) be encapsulated to lockdown residual asbestos.
§ 1-107 Foam Procedure for Roof Removal.
(a) These procedures apply only to the removal of asbestos-containing roofing material (ACRM) from exterior roof surfaces. The work area on the roof must be cordoned off with clearly visible barriers such as caution tape, and only authorized persons may have access. All sections of these rules must be followed in conjunction with this section with the exception of 15 RCNY § 1-81(m), 15 RCNY § 1-81(p), 15 RCNY § 1-91, 15 RCNY § 1-102(b), 15 RCNY § 1-112(d), and 15 RCNY § 1-112(g).
§ 1-108 Foam/Viscous Liquid Use in Flooring Removal.
(a) These procedures only apply to the removal of surface flooring material including vinyl asbestos floor tiles (VAT), ACM floor coverings (e.g., linoleum) and associated mastics and adhesives, where the only ACM being abated in the work area is flooring material. All sections of these rules must be followed in conjunction with this section with the exception of 15 RCNY § 1-81(m), 15 RCNY § 1-81(p), 15 RCNY § 1-91(c), 15 RCNY § 1-91(h), 15 RCNY § 1-102(b), 15 RCNY § 1-112(d), and 15 RCNY § 1-112(g).
§ 1-109 Abatement from Vertical Exterior Surfaces.
This section shall apply to projects involving the abatement of asbestos-containing materials from the vertical exterior surfaces (and associated horizontal surfaces, e.g. coping stones on top of a parapet wall) of a building or structure, including but not limited to the following materials:
Caulking or glazing compounds
Asphaltic mastic or tar (e.g., flashing on parapet walls)
Cement siding or shingles (including Transite)
Paints
Sealants for coping stone caps or clay roofing tiles
All applicable sections of these rules shall be followed in conjunction with this section except 15 RCNY §§ 1-81(p), 1-91, and 1-112(d), (e), (g), and (h).
(1) The entire surface to be abated and ground-level perimeter shall be considered the work area unless partitions and warning tape are used to define the work area, except that if the horizontal surface below the surface to be abated is not the ground (e.g., surface to be abated is inside parapet wall on roof), the horizontal surface underneath the abatement shall be considered the work area, not the ground.
(2) A restricted area shall be established using warning tape extending at least 25 feet from the affected areas of the building or to the nearest vertical obstruction or the curb.
(3) The restricted area may be entered only by certified workers or authorized visitors.
(4) Before plasticizing, the restricted area shall be inspected for ACM debris and, if necessary, pre-cleaned using HEPA vacuums and wet methods.
(5) All openings to the building or structure’s interior which are within 25 feet of the affected ACM shall be closed and made airtight.
(6) Scaffolding erected to access the ACM shall be constructed, maintained, and used in accordance with applicable federal, state, and city laws.
(7) Elevated platforms being used to access the affected ACM shall be plasticized with two layers of fire-retardant 6-mil plastic, which shall extend up from the platform to at least the height of the mid-rail on three sides, and shall be attached directly to the building just below the surfaces under abatement.
(8) The ground-level restricted area shall be cleared of all moveable objects and plasticized with two sheets of fire-retardant 6-mil plastic, which shall be extended one foot up the side of the building. The plasticized area shall be twenty-five feet wide or to the curb. This plastic shall be cleaned, replaced, and disposed of as asbestos waste at the end of each shift.
(9) Sidewalk bridges in the restricted area shall be covered with two layers of fire-retardant 6-mil plastic, placed over and secured to the bridge, spread across the full width, draped over the side to ground level, and extended to a width of at least thirty feet.
(1) Removal of ACM must be by wet methods in accordance with 15 RCNY § 1-102.
(2) ACM removed must be placed in a leak-tight container without dropping the ACM into the container.
(1) The stripped substrate must be HEPA vacuumed and wet-wiped.
(2) A visual clearance inspection must be conducted by the asbestos handler supervisor and project monitor after the work area dries, to ensure the absence of ACM residue or debris in the work area.
(3) After the inspection is completed, the warning tapes and barriers may be removed.
(4) The clearance inspection must be documented in the log and the project air sampling log.
§ 1-110 Controlled Demolition with Asbestos in Place.
(a) A building or structure may be demolished with asbestos in place only if the building is in imminent danger of collapse as set forth in section 28-215.1 of Title 28 of the Administrative Code and/or 56 NYCRR 11.5(c).
§ 1-111 Preliminary Clean-up Procedures.
The following clean-up requirements shall be followed during the conduct of abatement activities on asbestos projects:
(2) Visible accumulations of asbestos-containing waste material shall be containerized utilizing non-metallic dust pans and non-metallic squeegees or HEPA vacuums.
(3) Metal shovels shall not be used to pick up or move accumulated asbestos-containing waste material or any other debris in the vicinity of isolation or surface barriers.
§ 1-112 Additional Clean-up Procedures (Final).
Additional clean-up procedures shall be performed in the order set forth below prior to commencement of clearance air monitoring.
Subchapter G: Pre-demolition Abatement Activity Procedures
§ 1-120 Applicability of Regulations to Pre-Demolition Abatement Activities.
The following regulations shall apply to pre-demolition abatement activities:
| 15 RCNY §§ 1-01 through 1-61 | General Regulations |
|---|---|
| 15 RCNY § 1-81* | Work Place Preparation Requirements |
| 15 RCNY § 1-82 | Worker Decontamination Enclosure System |
| 15 RCNY § 1-83 | Waste Decontamination Enclosure System |
| 15 RCNY § 1-91 through 1-94 | Work Place Procedures |
| 15 RCNY § 1-102 | ACM Disturbance, Handling and Removal Procedures |
| 15 RCNY § 1-105 | Glovebag Procedure |
| 15 RCNY § 1-106 | Tent Procedure |
| 15 RCNY § 1-107 | Foam Procedure for Roof Removal |
| 15 RCNY § 1-108 | Foam/Viscous Liquid Use in Flooring Removal |
| 15 RCNY § 1-109 | Abatement from Vertical Exterior Surfaces |
| 15 RCNY § 1-120 through 1-128 | Pre-Demolition Abatement Activity Procedures |
~
*Subsections (b), (j), (l), (u), (v) and (z) only.
§ 1-125 Work Area Preparation.
The following work area preparation shall be followed during the conduct of pre-demolition abatement activities:
(1) The elevator door in the work area shall be enclosed with conventional 2 x 4 stud framing, covered with 3/8” fire rated plywood sheeting and sealed at all edges and seams. The barrier shall be covered and lapped for 8 inches with two layers of fire retardant 6-mil plastic sheeting adhered individually with edges taped for airtightness.
(2) Elevators not remaining in service shall have the fuses removed and the power switch locked in the open position.
(3) Elevators that remain in service shall conform to the following additional procedures to minimize the piston effect that results:
(i) Elevator control shall be modified to bypass the work area.
(ii) A final larger layer of fire retardant 6-mil plastic sheeting is to be taped airtight but with slack forming a larger perimeter diaphragm. Air leakage across the barrier shall be corrected upon discovery, and the elevator shaft shall be checked for airborne asbestos contamination.
(iii) This system shall be smoke tested daily.
(4) Elevator shafts shall not be used as waste chutes for asbestos-containing waste material.
§ 1-126 ACM Procedures: Order of Work.
No ACM removal shall be performed in a building concurrently with the full demolition of such building or with the removal of one or more stories of such building, except as otherwise provided in these rules pursuant to 15 RCNY §§ 1-03 and 1-26. This subsection shall not apply to emergency work being performed pursuant to article 215 of chapter 2 of title 28 of the administrative code.
§ 1-127 Clean-up Procedures During Abatement.
The following clean-up procedures shall be followed during conduct of pre-demolition abatement:
(2) Visible accumulations of asbestos-containing waste material may be containerized utilizing rubber dust pans and rubber squeegees or HEPA vacuums. Metal shovels may also be used EXCEPT in the vicinity of plastic sheeting which could be perforated by these tools.
§ 1-128 Clean-up Procedures: Preparation for Clearance Air Monitoring.
The following final clean-up procedures for pre-demolition abatement shall be performed prior to commencement of clearance air monitoring:
ILLUSTRATIONS
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§ 2-01 Introduction and Applicability.
All owners of fossil fuel burning boilers and water heaters that require a registration and have heat input equal to or greater than 2.8 million BTU/hour but less than 4.2 million BTU/hour or require a certificate of operation under the New York City Air Pollution Control Code, as codified in Chapter 1 of Title 15 of the New York City Administrative Code, are subject to these rules.
In order for a registration or work permit to be issued an application must be filed and accompanied by plans and any additional information that may be requested by the department. The application will enable the department to evaluate the design of equipment installation for compliance with the specification requirements described in 15 RCNY § 2-11. Upon issuance of a registration or work permit, the equipment shall be installed and adjusted to meet the performance requirements specified in 15 RCNY § 2-08.
§ 2-02 Definitions.
(1) AP-42. "AP-42" means the United States Environmental Protection Agency publication AP-42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources .
L = 4(D
1
-D
2
)
Where,
D
1
= the diameter (or equivalent diameter) of the larger cross-sectional structures.
D
2
= the diameter (or equivalent diameter) of the smaller cross-sectional structures.
(1) Flue venting: draft for atmospheric or non-power vented boilers, equivalent length for direct vent or sealed combustion appliances,
(2) Combustion air: louvers, dedicated inlet or infiltration.
§ 2-03 Variances.
(a) An application for any variance from these rules shall be made directly to the Department using an application form prescribed by the department. Work involving a variance may not commence before the receipt of the department's approval of the application, which will be reviewed and processed within four weeks.
(1) Identification of those portions of the rules for which a variance is requested, providing each numbered section and subsection;
(2) Explanations as to why the procedures required by the rules would cause unreasonable hardship;
(3) A written proposal describing the alternative procedures the applicant will employ to satisfy the requirement as modified.
§ 2-04 Application for Work Permit/Certificate of Operation.
(a) Filing of application.
(1) The application, supplementary data and calculation sheet(s) and plans must be signed and sealed by a professional engineer or registered architect licensed under §§ 7202 or 7302 of the New York State Education Law. The application must include all essential details pertaining to the equipment, and the manner in which new equipment will be installed. The department may accept online applications from licensed individuals who pre-register with the department. All documents must be professionally certified by the same person.
(2) Only one type and size of equipment may be included on any one application. For example, a boiler and furnace, different sizes of similar equipment, identical boilers with different (although equivalent) burners must be filed separately.
(3) When filed, the application must include any supplementary data and calculation sheet(s), plans and any additional forms as may be required by the department.
(4) All filings specifying condensing boilers must be submitted with the installation specific ventilation requirements (louver or mechanical ventilation fan specifics), breeching requirements (dimensions and length specifics), and chimney (stack) requirements (dimensions and height specifics) obtained from the manufacturer. Such calculations and summary sheets must be submitted. The filing engineer must certify that all of the manufacturer’s recommendations and specifications will be followed in the use of materials, design, installation, and operation of the condensing boiler. The fresh-air requirements, draft calculations, chimney, and breeching plan required in this section must not apply to condensing boilers.
(1) The authorization of the equipment owner and his or her name, address and signature. The signature must be that of the proprietor where the business is a sole proprietorship. If the business is a partnership, the signature must be that of a partner. In the case of a corporation, the signature must be that of an officer of the corporation. In all instances, the signatory must indicate his or her title after his or her signature.
(2) The certification of the engineer or architect and his name, address, signature and seal.
(3) A licensed oil-burner installer must certify all oil burning installations and dual-fuel installations. A licensed oil-burner installer or a licensed plumber must certify all gas-fired installations.
(i) If, at the time of filing an application, an installer has not yet been selected, the statement “To be submitted on amendment” must be shown on the application form in place of the certification of the licensed installer. The department will notify the engineer or architect when the application is approved. The work permit will not, however, be issued until the required certification and information is submitted.
(4) Heat load calculations. Heat load calculations must be submitted for new and replacement boilers only when the boiler maximum heat input rate size changes by more than 20 percent greater than the previously filed application of record. Heat load calculations must consist of a summary sheet documenting the boiler horsepower needed to meet the building load condition, consistent with the ASHRAE procedures, see 2009 ASHRAE Fundamentals, Chapters 17 and 18.
(5) Detailed data on equipment. Detailed data (as specified here) on the specific type of existing equipment or new equipment which is to be installed. Note that in the case of existing equipment, if a reasonable effort to determine the make and model number proves unsuccessful, an attempt must be made to compare unknown equipment to an equivalent known unit of equipment.
(6) Venting Calculations. Venting calculations for stack draft adequacy must be required for all new buildings, boilers, and chimneys. Calculations must be submitted on a form prescribed by the department or through summary sheets from computerized or hand venting calculations that conform to procedures in 2009 ASHRAE Fundamentals Chapter 21 and 2012 ASHRAE Systems and Equipment Chapter 35. The calculations must be stamped by a professional engineer. If needed, the department reserves the right to request that detailed venting calculations be submitted if further review is required.
(1) The plans, as specified below, must be filed, with each application and must include the premise address of the installation. The plans must not be smaller than 8 1/2 × 11 inches nor larger than 11 x 17 inches and details must be shown legibly in black ink on a white background. When approved, the plans must be so designated and returned with the approved work permit. In addition to the specifics indicated below, elevation and plan views of various aspects of the installation must be required to schematically show the location of equipment, apparatus, controls, etc. Non-related piping, valves, electric wiring, controls and other construction details must not be included.
(2) Plot plan. The plot plan must include the following:
(i) building location.
(ii) location and names of cross streets and the northerly direction.
(iii) location of the boiler room and the stack outlet.
(iv) a statement which certifies: “The chimney extends a minimum distance of 3 ft above all construction located within 10 ft of the centerline of the chimney outlet.”
(v) for new chimneys, a statement that certifies: “The minimum radial distance from the centerline of the chimney to an acceptable receptor location is ________ ft,” with the distance specified.
(vi) for existing chimneys, a statement that certifies: “The minimum radial distance from the centerline of the existing chimney to an acceptable receptor location
(a) located at a height equal to or greater than the chimney outlet is ________ ft and
(b) located below the chimney outlet is ________ ft,” with the distance specified.
(vii) the engineer or architect must determine the distances for subdivisions (iv), (v), and (vi), to be shown in the blank spaces, in accordance with 15 RCNY § 2-13.
(3) Boiler room layout. The boiler room layout must include the following:
(i) boiler location.
(ii) burner location.
(iii) breeching layout schematic, including the length, elbows, cross sectional dimensions; and location of “test holes.” In addition, a plan note must be required which indicates specific compliance with the distance requirements of “test holes” from dampers, etc.
(iv) location and cross-sectional dimensions of the stack. Only the cross-sectional dimension of the outlet must be required for existing stacks.
(v) location of fixed ventilation. Ducts and other such pertinent details must be shown and dimensioned. Length, elbows, cross-sectional dimensions and inlet and outlet locations must be included for any new ventilation ducts.
(vi) location of smoke alarms, draft controls, oil meters, fans, cleanouts, fuel pumps, etc., when applicable. These locations may be shown schematically.
(vii) locations of all combustion equipment located in the same room or on the same stack and not covered by the subject application, including the manufacturer, model number, and fuel delivery rate when not shown on the application. The fixed ventilation supplied for all combustion equipment must be clearly shown on the plans, even if all such equipment is not covered by the subject application.
(viii) a plan note must be acceptable in all instances where they serve the same purpose as plan details.
(4) Boiler plan. The boiler plan must include the following:
(i) plan and elevation views of the boiler showing overall boiler dimensions.
(ii) combustion chamber dimensions.
(iii) furnace volume and heat release calculations. When the manufacturer’s drawings with specifications are being submitted as a boiler plan, all copies must also specifically contain the model number, boiler gross output, actual total furnace volume, heat release, address of premise. Field measurements can be accepted for existing boilers in place of the manufacturer’s drawings. Professional engineer/registered architect seal and signature is required for manufacturer’s drawings and field measurement submittals.
(5) Certificate of Compliance. All oil-fired boilers and associated burners, boiler/burner assemblies, and control equipment installed under this chapter must comply with the following equipment acceptance requirements. This ensures that such equipment meets the minimum design and performance standards of the department. The list of accepted equipment will be posted on the internet, through a web portal that is linked to nyc.gov or any successor website maintained by, or on behalf, of the city of New York. Equipment may be added to the list of accepted equipment upon application from the manufacturer on a form prescribed by the department, or where the department determines that the equipment has performed in a satisfactory manner.
Equipment Acceptance Requirements
(a) List of accepted equipment. If the application for the work permit is to install equipment that appears on the list of accepted equipment, no additional certification is required.
(b) UL/CSA/ETL listed equipment. If the application for the work permit is to install equipment that is listed by UL, CSA Group, or ETL, a certification of compliance from a professional engineer must be submitted on a form prescribed by the department.
(c) Unlisted and custom equipment. If the application for the work permit is to install custom equipment, or equipment that is not on the department’s list of accepted equipment and is not UL, CSA Group, or ETL-listed, a certification of compliance from a professional engineer must be submitted on a form prescribed by the department.
§ 2-05 Application for Registration.
(a) Filing of application.
(1) The application must be signed by the owner. The application must include all essential details pertaining to the equipment as set forth on the application form, and the manner in which new equipment will be installed. All documents must be certified by a professional engineer or registered architect.
(2) Only one type and size of equipment may be included on any one application. For example, applications for a boiler and a furnace, which constitute similar equipment of different sizes, or applications for identical boilers with different (although equivalent) burners must be filed separately.
(3) When filed, the application must include any supplementary data and calculation sheet(s), plans and any additional forms required by the department by rule.
(1) The authorization of the equipment owner and his or her name, address and signature. The application must be signed by the proprietor where the business is a sole proprietorship. If the business is a partnership, the application must be signed by a partner. In the case of a corporation, the application must be signed by an officer of the corporation. In all instances, the signatory must indicate his or her title after his or her signature.
(2) A licensed professional engineer or architect must certify the following:
i. Venting calculations for stack/draft adequacy, which shall meet the same criteria as set forth in 15 RCNY § 2-04(b)(6).
ii. Certificate of Compliance. All oil-fired boilers and associated burners, boiler/burner assemblies, and control equipment installed under this chapter must comply with the following equipment acceptance requirements so that such equipment meets the minimum design and performance standards of the department.
Equipment Acceptance Requirements
(a) List of accepted equipment. If the application for the registration is to install equipment that appears on the list of accepted equipment, no additional certification is required.
(b) UL/CSA/ETL listed equipment. If the application for the registration is to install equipment that is listed by UL, CSA Group, or ETL, a certification of compliance from a professional engineer must be submitted on a form prescribed by the department and available on the department’s website.
(c) Unlisted and custom equipment. If the application for the registration is to install custom equipment, or equipment that is not on the department’s list of accepted equipment and is not UL, CSA Group, or ETL-listed, a certification of compliance from a professional engineer must be submitted on a form prescribed by the department and available on the department’s website.
(1) The boiler room layout must include the following:
(i) boiler location.
(ii) burner location.
(iii) breeching layout schematic, including the length, elbows, cross sectional dimensions; and location of “test holes.”
(iv) location and cross-sectional dimensions of the stack. Only the cross-sectional dimension of the outlet is required for existing stacks.
(v) location of fixed ventilation. Ducts and other such pertinent details must be shown along with their dimensions. Length, elbows, cross-sectional dimensions and inlet and outlet locations must be included for any new ventilation ducts.
(vi) location of smoke alarms, draft controls, fans, cleanouts, when applicable. These locations may be shown schematically.
(vii) locations of all combustion equipment located in the same room or on the same stack and not covered by the subject application, including the manufacturer, model number, and fuel delivery rate when not shown on the application. The fixed ventilation supplied for all combustion equipment must be clearly shown on the plans, even if all such equipment is not covered by the subject application.
§ 2-06 Field Verification.
(a) (1) New certificate of operation requests. A request for inspection must be submitted by the installer or owner and must include the installer's certification that the installation has been completed in accordance with the Notice of Application/Plans Approval and is ready for inspection.
(2) The request for inspection must be submitted using forms prescribed by the department. The request must be submitted within thirty days of the equipment being capable of operation and before the expiration of the work permit.
(1) That entry and suitable access to all parts of the equipment and apparatus is provided.
(2) That adequate lighting is provided throughout the boiler room.
(3) That facilities, not necessarily of a permanent nature (for example a sturdy, appropriately sized ladder, or ladders), are provided to enable proper verification and testing of the installation. Wooden ladders are not acceptable.
(4) That the boiler room has no health and safety hazards. The existence of disintegrating suspected asbestos containing material, water or steam leak from a pressurized boiler, flue gas leak from the breeching, inadequate lighting, or any other hazard will preclude an inspection and performance test and will result in the issuance of a Notice of Installation Disapproval.
(5) That all equipment can be readily identified with regard to make, model, type, and any other applicable characteristics or designations.
(i) Upon completion of a satisfactory performance test and approval of inspection, the design firing rate of the burner must not be increased without notification to the department, and modification to the work permit / plan approval.
(ii) A reinspection will be required for failed performance tests and/or a disapproval of inspection. An additional form prescribed by the department must be submitted in order for the reinspection to occur.
§ 2-07 Cancellation of Field Appointments.
(a) A request to cancel an appointment must be submitted in writing at least 2 business days before the inspection date unless due to an emergency.
§ 2-08 Performance Testing.
(a) Performance requirements.
(1) All installations, including pre-existing equipment, must be required to operate such that upon evaluation of performance tests (as outlined in subdivision (e) below) it is determined that they meet the following minimum requirements:
(2) When the boiler is fired at 80 to 110 percent of the burner’s maximum operational oil/gas delivery rate as specified in the application, provided that this is less than the burner’s maximum design oil/gas delivery rate, oil burning installations must have a combustion efficiency of at least 83 percent and gas burning installations must have a combustion efficiency of at least 80 percent. Dual-fuel installations must meet the requirements for each respective fuel.
Oil fired installations which cannot achieve a combustion efficiency of at least 83 percent but which can achieve a combustion efficiency of at least 80 percent will have no more than one renewal cycle (three years) in which to perform necessary alterations to bring the equipment into compliance. Gas fired installations which cannot achieve a combustion efficiency of at least 80 percent will have one renewal cycle (three years) in which to perform necessary alterations to bring the equipment into compliance.
(3) When the boiler is fired at 80 to 110 percent of the burner’s maximum operational oil/gas delivery rate as specified in the application, provided that this is less than the burner’s maximum design oil/gas delivery rate, the maximum acceptable smoke reading must be smoke spot no. 3 in accordance with ASTM International Standard D2156-09.
(4) When the boiler is fired at 80 to 110 percent of the burner’s maximum operational oil/gas delivery rate as specified in the application, provided that this is less than the burner’s maximum design oil/gas delivery rate), the installation must be capable of providing adequate pressure differential (e.g., draft) at conditions specified in subdivision (e) of this section.
(5) For installations which have low-high-low-off or modulating combustion controls, adherence to the requirements in paragraphs (a)(1) and (2), listed above, must also be demonstrated when the burner is fired at low-fire. For installations which utilize modulating combustion controls, the department requires and reserves the right to verify that the performance requirements in paragraphs (a)(1) and (2), listed above, are also met at intermediate firing rates.
(6) For multiple boiler installations the requirements in paragraphs (a)(1), (2), (3) and (4), listed above, must be demonstrated for each boiler when said boilers are operated simultaneously rather than individually when there is sufficient load demand from the premise. However, each boiler in a multiple boiler installation, when fired separately (i.e., all other boilers are shut down), must also meet these requirements and the department reserves the right to verify same.
(7) In no case must the flame impinge on any interior surface within the furnace.
(1) Continuous, uninterrupted operation of the boiler at 80 to 110 percent of the burner’s maximum operational oil/gas delivery rate as specified in the application, provided that this is less than the burner’s maximum design oil/gas delivery rate, for a minimum period of twenty minutes is insured. Under no circumstances must the boiler pressure relief valve(s) be tampered with to accomplish this.
(3) Two 3/8 inch diameter holes are provided in the breeching placed one on each side of any power operated draft regulator damper, approximately one breeching diameter from the centerline of the damper. Note that the location of one or both of these holes may, of necessity, be in the boiler outlet.
(4) All test holes are a minimum of one breeching diameter from any flow disturbance such as a bend, expansion or contraction.
(5) Any insulation is neatly removed from approximately a 4” × 4” area surrounding any test hole in the breeching.
(6) All test holes are kept closed with a sheet metal screw or other acceptable method when not being used for testing purposes. All test holes must be marked in such a way that their location can be readily determined.
(1) Verify that all conditions in the boiler room are characteristic of proper operating conditions (i.e., boiler room door is shut, non-fixed ventilation sources such as windows are shut, etc.).
(2) The burner must be started up and operated at 80 to 110 percent of the burner maximum operational oil/gas delivery rate as specified in the application, provided that this is less than the burner’s maximum design oil/gas delivery rate, depending on the demand load throughout the sequence of steps specified in paragraph (4) below.
(3) The probe(s) of the testing equipment must be inserted into the test holes provided at the required locations.
(4) Commencing after burner startup, boiler outlet gas temperature must be read at one minute intervals until the difference between two successive readings is not greater than 5°F at which time steady state conditions will be assumed and the following data must be obtained and recorded:
(i) The boiler outlet gas temperature must be determined. In addition, the ambient air boiler room temperature in the vicinity of the burner must be determined.
(iii) The pressure differential across the damper of a power operated draft regulator must be determined. This is not applicable to condensing boilers.
(A) The pressure differential measurements and the gas temperature and outside ambient air temperature measurements must be used to determine whether adequate pressure differential (e.g., draft) can be provided when outside ambient air temperature is 94F.
(B) When a power operated draft regulator is used, the pressure differential measured across the damper must be equal to or greater than the value obtained when the height of the stack (H) is multiplied by ΔDr/H, i.e.
ΔP ≥ H × (ΔDr/H)
where,
H (feet) is the height of the stack.
(C) When a barometric or manual damper is used, the theoretical pressure differential caused by the barometric or manual damper must be equal to or greater than the value obtained when the height of the stack is multiplied by ΔDr/H, i.e.
ΔP ≥ H × (ΔDr/H)
where ΔP, ΔDr/H, and H are defined in (B).
The static pressure is measured at the boiler outlet. The barometric damper or manual damper is gradually opened until the calculated DP is measured. The barometric damper is then returned to its original setting and the manual damper is then returned to its initial position and fixed. The department will review alternative demonstrations of adequate pressure differential if they comply with 2009 ASHRAE Fundamentals Chapter 21, and are stamped by a professional engineer.
(5) The smoke reading must be determined and recorded in accordance with ASTM D2156 (2009).
(6) For boilers which have low-high-low-off or modulating controls, upon completion of the above sequence of steps, the burner firing rate must be changed to low-fire for all boilers with a maximum heat input rating greater than 4.2 million Btu per hour.
(7) Dual-fuel burners will be tested separately for oil and gas on high fire and on low-fire if the maximum heat input rating is greater than 4.2 million Btu per hour.
2 , smoke reading, and pressure differential must be determined for each boiler. The burner firing rates for all boilers must then be changed to their respective low-fire firing rates, and the boiler outlet gas temperature, boiler room ambient air temperature, percentage of O 2
in the flue gas, and smoke reading, must be determined for each boiler at this firing rate.
§ 2-09 Annual Tune-ups and Record Keeping Requirements.
An owner of equipment that is required to have a certificate of operation must perform annual tune-ups and combustion tests. Records of the dates and procedures of each tune-up and results of these tests must be kept by the owner for a minimum of five years and must be submitted within five business days if requested by the department.
(1) The owner of the equipment must commission a tune-up for the equipment and test the combustion efficiency. The tune-up and combustion efficiency test must occur at both high-fire and normal operating conditions.
(i) A qualified combustion tester must perform a combustion efficiency test for each piece of equipment and each oil fired boiler in accordance with 15 RCNY § 2-08(a)(1).
(ii) The tune-up required to increase boiler efficiency must be conducted in accordance with Subpart JJJJJJ of Part 63 of Title 40 of the Code of Federal Regulations and the guidelines outlined by the department. The results of the tune-up must be recorded on a form provided by the department.
(1) The combustion efficiency test must be performed using a qualified combustion analyzer that has passed an annual calibration test. The results of the annual calibration test must be kept and be submitted within five business days if requested by the department. If the minimum combustion efficiencies are not achieved, it is the responsibility of the owner to ensure proper maintenance and repairs occur.
(2) The equipment used must conform with the following requirements:
| Accuracy | Resolution | |
|---|---|---|
| Oxygen (O2) |
|
0.1% |
| Pressure/Draft |
|
0.04”water column |
| Temperature |
|
0.1 °F |
~
An optional test using the following standards may be applied as provided in the following chart:
| Accuracy | Resolution | |
|---|---|---|
| Carbon Monoxide (CO) |
|
0.1 ppm |
| Nitric Oxide (NO) |
|
1 ppm |
~
(3) The following procedure must be followed in the use of the combustion analyzer:
(i) Set up the combustion analyzer per manufacturer’s instructions. In uncontaminated air (outdoor) start the analyzer and allow unit to complete the zeroing process. Never allow the analyzer to zero in the breeching.
(ii) Verify that the combustion analyzer condensate/water trap plug/access is properly sealed, that there is no water in the water trap, and thermocouple tip is not touching the side of probe tube. The test and record measurement criteria must be provided on a form prescribed by the department.
§ 2-10 [Reserved]
(a) General considerations.
(1) All equipment and apparatuses, in addition to complying with the requirements of the department, must also meet the requirements of other agencies, such as the New York City Board of Standards and Appeals, the Fire Department of New York, and the New York City Department of Buildings. Compliance with any requirements of either New York State or federal rules and regulations that may be instituted and not covered here is required. In the absence of any regulatory provisions, consideration must be given to recommendations published in the standards of nationally recognized organizations. These organizations include the American National Standards Institute, the American Society of Heating, Refrigerating and Air Conditioning Engineers, the American Society of Mechanical Engineers, the American Gas Institute, Underwriters’ Laboratories, and the National Fire Protection Association, and the recommendations of equipment or apparatus manufacturers.
(2) The design engineer must estimate the heat demand before selecting a boiler or boilers. When application is made for an installation for a new structure or for a replacement boiler (when the boiler maximum heat input rating size is increased by more than 20 percent from the previously filed application of record), the analysis and calculations for estimating the heat demand must be submitted in a form acceptable to the department. This must be done in accordance with the procedures prescribed by the 2009 ASHRAE Fundamentals Handbook, or as required for the New York City Energy Conservation Code, as codified in Chapter 10 of Title 28 of the New York City Administrative Code, and as accepted by the department.
(3) For dual-fuel installations using #6 or #4 fuel oil as a back-up fuel for natural gas, design requirements set forth by the department must be followed. However, these installations must still meet the #2 fuel oil emission standards and must be held to the most recent performance requirements.
(1) An oil burner must be capable of atomizing the oil by properly mixing it with adequate combustion air. A gas-fired burner must be capable of mixing the gas with adequate combustion air.
(2) A new burner must be listed by UL, CSA Group, ETL, or any other national recognized testing laboratory that uses UL testing conditions and have their Listing Mark label.
(3) A new burner, except for atmospheric equipment, must have, integral with it, a fan which is capable of supplying all combustion air.
(4) A burner must be sized such that, when fired with a boiler, the fuel delivery rate is within 80 percent and 110 percent of the maximum heat input rating of the boiler.
(1) Provision must be made to provide a sufficient amount of air for proper combustion (to the oil-or natural gas-burning equipment room) and, in addition, a sufficient amount of bypass air necessary for the proper operation of a barometric damper when used. In addition, sufficient air must be provided to adequately ventilate the room and maintain the ambient temperature at safe and comfortable limits under normal conditions of use. In all cases a separate ventilation system must be provided independent of any other ventilation system.
(i) Mechanical ventilation must be designed such that 226 cfm @ 94F is provided for each million Btu per hour for up to 30 percent excess combustion air. Larger fan capacities would be needed for installations operating with greater than 30 percent excess combustion air. In all cases, where the combustion air is not ducted directly from the outside to the burner air intake, the room in which the burning equipment is located must be maintained at a pressure not less than outside atmospheric pressure. Exhaust fans are acceptable for ventilation provided the net ventilation is greater than or equal to the amount required for combustion.
(ii) When mechanical ventilation is not utilized, the minimum requirement for combustion air entrance must be a louvered opening in a wall to the outside air. The louvered opening must have a net free area of 86 square inches for every one million Btu per hour (based on the maximum heat input rating) and must never be less than the average internal cross-sectional area of the chimney. In addition, the net free area of the louver must be increased in size equivalent to the opening of a barometric damper or dampers, when provided, for bypass air. When necessary, a metal grate over a vault below the sidewalk may be permitted as long as the net free area requirement is met and suitable drainage facilities are provided. The net free area when the actual louver efficiency is unknown must be based on a maximum efficiency of 60 percent for both motorized and fixed metal single vane louvers and 50 percent for fixed metal double vane louvers. Where the efficiency of the louver can be demonstrated by the manufacturer to be greater than the above, the greater value may be used. The area of the louver is to be based on the inside frame dimensions and not the outside or nominal dimensions. The louver must be so constructed or suitably located or protected (i.e., cinder blocks, metal bars) so that it cannot be crushed or deformed since this would diminish the free area. Furthermore, any reduction of free area due to protective devices must be considered. Screening over louvers, if provided, must be not smaller than 1/4 inch mesh and must be readily accessible for cleaning.
(iii) When ducts are required to provide fresh air, they must meet the same minimum requirement for cross-sectional area as specified in subparagraph (ii) above. Note that a louver is not required where ducts are utilized to provide ventilation, although, consideration should be given to protective devices and any diminution of free area resulting from same. Access ports must be provided for the purpose of cleaning and observing conditions within the duct(s). All access ports must be ample size, but not less than 8 × 8 inches. A tight metal fitting cover must be provided for each port. All ports must be closed when not in use.
(A) Access ports for cleanout must be located to allow accessibility to all duct sections and must be placed at intervals to allow for safe and reasonable access to all sections of the breeching for the purposes of cleaning. The number of clean-outs must be determined by the configuration of the duct lay-out. Every duct must be provided with at least one access port for cleanout.
(B) Access ports for observation purposes must be provided within one diameter of all internal dampers.
(C) One access port may be used to serve both functions if suitably located.
(iv) Motorized louvers or motorized dampers in ducts must be provided, on installations where the maximum heat input rate of the boiler(s) is 7.0 million Btu per hour or greater which must close off the admission of combustion air during burner-off periods.
(2) Breeching must be installed so as to vent the combustion gases from the boiler to the chimney.
(i) Access ports must be provided for the purpose of cleaning and observing conditions within the breeching. All access ports must be of ample size but not less than 8 × 8 inches. A tight fitting metal cover must be provided for each port. All ports must be closed when not in use.
(A) Access ports for the cleanout of oil burning installations must be located to allow accessibility to all breeching sections and must be placed at intervals to allow for safe and reasonable access to all sections of the breeching for the purposes of cleaning. The number of clean-outs must be determined by the configuration of the breeching lay-out. Every breeching must be provided with at least one access port for cleanout.
(B) For short breeching runs (less than 15 feet in total), the barometric damper may be used as the clean-out port.
(C) Access ports for observation purposes must be provided within one diameter of all internal motorized damper locations.
(D) One access port may be used to serve both functions if suitably located.
(ii) The following should be considered when designing a new breeching:
(A) The equivalent inside diameter should normally be no smaller than the outlet of the boiler and should be sized on the basis of maintaining a flue gas velocity not greater than 30 feet per second.
(B) Breechings should be as short and straight as possible to prevent unnecessary draft losses (which may necessitate larger chimneys, induced draft fans, etc.).
(C) Breechings should be constructed so that changes in direction, shape and cross-sectional area are accomplished separately. All such changes should be accomplished as gradually as possible to eliminate turbulence with consequent adverse effects on available draft. If the width of breeching is greater than the inside width of the chimney, a contoured transition piece should be installed. The transition section should maintain the area of the breeching while altering its configuration so as not to exceed the chimney width.
(D) The breeching connection to the chimney should be such that it ends flush with the inside surface of the chimney.
(3) Chimneys must be designed and installed so as to vent the products of combustion to the atmosphere while at the same time avoiding a potential or actual nuisance. Chimneys must not be fitted with raincaps or covers of any kind.
(i) New chimneys or reconstructed chimneys must be of tight construction and must be provided with a cleanout chamber at the base. The chamber must have a horizontal cross-sectional area equal to that of the chimney and must be equipped with a tightly fitted metal door of ample size but not less than 8 × 8 inches. The bottom of the breeching must be located at least one chimney diameter above the base of the cleanout chamber. Factory-made chimneys and special gas vents must be installed per the manufacturer’s specifications.
(1) A boiler must be provided with acceptable control device(s) so as to maintain the desired boiler output under all normal operating conditions to meet the minimum performance requirements described in 15 RCNY § 2-08.
(2) A burner must be provided with acceptable control device(s) so as to maintain the desired fuel-air ratio under all normal operating conditions to assure complete and smokeless combustion.
(3) The burner control system must be permanently interlocked, unless the system is continuously staffed and supervised, with all ventilation fans, motorized louvers and dampers to prevent operation of the burner without the proper operation of the fan, louver, or damper. This must be accomplished with an air switch, or other approved means, to assure that the fan is operating or that the louver/damper has opened before the main fuel valve opens. This requirement does not prohibit operating fans and opening louvers or dampers for ventilation purposes during periods when the burner(s) are not in operation, although continuous, uninterrupted operation of the fan, independent of the burner, must not be permitted except for existing central ventilation systems.
(4) Provision must be made, concerning the burner fan, to cause minimum pre-purge and post-purge periods as recommended by the burner manufacturer to prevent accumulation of unburned oil.
(1) All installations must be designed such that an adequate draft can be maintained to provide sufficient combustion air and remove the products of combustion under normal conditions of use or when the outside temperature varies between 11°F and 94°F.
(2) Power operated draft regulators must be of an acceptable type designed to maintain a safe damper opening at all times and arranged to prevent starting of the burner unless the damper is opened to a safe position. The damper must be sized so that it comprises the full cross-sectional area of the breeching with appropriate allowances for clearance. Upon shut-down of the burner the damper must go to a safe closed position. The axis-rod (i.e., control rod) about which the damper rotates must have a square cross section or if round, must be welded to the control arm. An arrow must be provided on the axis-rod to indicate the position of the damper.
(3) Draft sensing lines must be a minimum of 1 1/4 inch pipe size, installed through the furnace wall, provided with a full size cleanout plug, and must otherwise conform to the equipment manufacturer’s specifications. Details concerning the length and diameter of the draft sensing lines must be shown on the plans or specified in the plan notes.
(4) Barometric dampers must be of an acceptable type designed so as to provide a constant draft at a point directly upstream of the barometric damper under all normal operating conditions or when the outside temperature varies between 11°F and 94°F. However, in no case under steady state conditions must a pressure exist in the breeching at the barometric damper which is greater than the boiler room pressure. The minimum cross-sectional opening of the barometric damper must be at least as large as the diameter or equivalent diameter of the breeching to which it is connected.
(5) A draft control must not be required where an acceptable boiler assembly is designed and installed according to the manufacturer’s requirements, and a positive pressure exists at a location in the chimney within three diameters of the chimney outlet.
(6) A boiler must be provided with acceptable control device(s) so as to maintain adequate draft (positive or negative as required) necessary for proper gas flow both to supply sufficient combustion air and exhaust combustion gases under all normal load and atmospheric conditions.
(i) A separate draft control must be provided for each boiler and be of the same type and must be installed per the manufacturer’s specifications.
(ii) Draft control must be accomplished by a power operated draft regulator with low-draft cut-off. A barometric damper may be substituted for a power operated draft regulator if
(A) an on-off or low-high-off with low-fire start combustion controller is used or
(B) a forced draft burner is used.
(7) Oil-fired equipment, including dual-fuel installations, must be provided with a smoke alarm and combustion shutoff. This equipment must conform to the following specifications as well as applicable sections of the Air Pollution Control Code: The requirements of the above paragraph must not apply to a temperature controlled dual-fuel system (as set forth below) when the maximum heat input rate is less than 4.2 million Btu per hour. A temperature controlled dual-fuel system must comprise a fuel burning installation capable of burning natural gas and #2 fuel oil. The system must be designed and must operate such that the fuel burned will normally be gas except that when the outdoor temperature drops below 20°F, the equipment will automatically switch to #2 fuel oil and when the outdoor temperature rises above 25°F, the equipment will automatically return to natural gas operation.
(i) The smoke alarm must be regulated for both brightness intensity of the light source and sensitivity of the detector. It is recommended that the light source have a relatively uniform intensity over a reasonably long life.
(ii) The smoke alarm must cause both an audible (loud enough to be heard 20 feet from the source) and readily visible (a flashing red light) signal upon the emission of an air contaminant of an opacity of 20 percent or greater.
(iii) The smoke alarm must activate an additional signaling device located at the principal work location of the person supervising the equipment. If there is no principal work location, the additional signaling device must be located at an acceptable alternate location outside the boiler room.
(iv) The smoke alarm must cause the signaling devices to be activated in the event that the light source in a photoelectric type detector fails to operate properly. The signals must continue until the unit is manually reset.
(v) The smoke alarm must be provided with a suitable metal grid or equivalent, which meets the manufacturer’s recommendations, calibrated so that when placed in the light path of the detector it will cause a response equivalent to an air contaminant as described in subparagraph (ii) above. This calibration must be indicated on the grid holder or frame. This grid must be securely fastened by means of a welded link chain of suitable length to the body of the detector. Provision must be made to temporarily hang the grid in front of the sensing element of the detector to facilitate proper adjustment of the light source and calibration of the instrument.
(vi) The installation of the smoke alarm must be such that
(A) it is wired to function at all times and
(B) it includes means necessary for sealing the breeching to prevent blowout of combustion products when necessary.
(vii) If two or more units of equipment are connected to a single flue, one air contaminant detector may be used if installed to monitor all of the units. This arrangement, however, will result in the shut-down of all units of equipment upon activation of the combustion shutoff.
(viii) The combustion shutoff automatically halt the operation of equipment within two minutes of continuous emission of an air contaminant of a density which appears as dark or darker than 20 percent opacity, unless the system is continuously staffed and supervised. The combustion shutoff must be designed such that once it has been activated, the equipment cannot resume normal operation without manual reset.
§ 2-12 [Reserved]
Several factors affect the location of the chimney outlet including the need to avoid a potential or actual nuisance. The following applicable requirements must be met.
(1) The chimney must extend above all construction such as roof ridge, parapet wall, penthouse, roof tank, elevator enclosure, etc., as follows:
(i) Chimneys must extend at least 3 feet above said construction located within 10 feet of the chimney outlet.
(2) The chimney outlet must not be located within the minimum radial distance specified in Table II.
(1) The chimney must extend at least as high as all construction such as roof ridge, parapet wall, penthouse, roof tank, elevator enclosure, etc., within 10 feet of the chimney outlet.
(2) The chimney outlet must not be located within the minimum radial distance specified in Table II. Such requirement must apply to receptors which are at a height equal to or greater than the chimney outlet.
For receptors located below the chimney outlet, the chimney outlet must not be located within the minimum radial distance specified in Table II.
In those instances where the above is applicable, the following statement must be provided as a plan note in place of the statement required in 15 RCNY § 2-04(c)(2)(iv) - (vi): “The minimum radial distance from the centerline of the existing chimney to an acceptable receptor location (a) located at a height equal to or greater than the chimney outlet is ________ ft. and (b) located below the chimney outlet is ________ ft.,” with the distance specified.
(2) Receptors, sources and geometry with the following features will be considered on-site and not subject to 15 RCNY § 2-13.
(i) A single boiler stack servicing a single building structure.
(ii) Contiguous construction (i.e., attached “row” houses).
(iii) Separate entrances with separate addresses all serviced by the same boiler room.
(3) This section will be applied to existing facilities to the maximum extent possible consistent with good engineering practices. Alternative and less costly options to altering the stack should be permitted if it can be shown that this will not cause degradation of boiler performance. Degradation of boiler performance would increase air pollutant emissions or inhibit compliance with boiler upgrading criteria.
(4) For new and existing chimneys, emission impacts upon sensitive receptors including, but not limited to, windows, doors that open, people, and building fresh air intakes must be minimized by employing good air pollution control engineering practices. Such practices include, without limitation:
(i) Avoiding locations that may be subject to downwash of the exhaust; and
(ii) Installing stacks of sufficient height in locations that will prevent and minimize flue gas impacts upon sensitive receptors.
(5) Since this chapter’s tables were developed using assumed average meteorological conditions in New York City, situations being disputed may be resolved by the submission of individualized computations of pollutant concentration at the receptor using realistic and applicable factors in dispersion models recommended and approved by the New York State Department of Environmental Conservation and the federal Environmental Protection Agency. The modeling must show that National Ambient Air Quality Standards will not be exceeded at any sensitive receptors, including openable windows and fresh air intakes. The tests, modeling, analysis and costs for these study(s) must be the responsibility of the applicant.
§ 2-14 [Reserved]
(a) General Provisions.
(1) The commissioner will not issue a work permit or a certificate of operation or a registration for a boiler and/or burner that uses #4 oil or #6 oil unless (i) the applicant demonstrates to the satisfaction of the commissioner that the particulate matter and NOx emissions of the #4 oil and/or #6 oil meets the equivalency standards described in this section, or (ii) the applicant enters into a compliance agreement with the commissioner as provided in this section.
(2) An owner who holds a certificate of operation or a registration for a boiler and/or burner that uses #4 oil may file an amendment to convert the boiler and/or burner to use #2 oil and/or natural gas. An owner who holds a certificate of operation or a registration for a boiler and/or burner that uses #6 oil may file such an amendment to convert the boiler and/or burner to use #2 oil, #4 oil and/or natural gas. An amendment pursuant to this paragraph must not require the replacement of a boiler and/or burner.
(3) The commissioner will not approve any amendment for a previously issued work permit or certificate of operation or a registration to convert a boiler and/or burner from using #2 oil, #4 oil and/or natural gas to using #6 oil or from using #2 oil and/or natural gas to using #4 oil.
(4) The equivalency levels of particulate matter and NOx as set forth in this section must be demonstrated through (i) the submission by either a professional engineer or registered architect licensed under Education Law §§ 7202 or 7302 of detailed calculations and supporting documentation to verify the equivalency levels or (ii) the submission by the applicant of an equivalency form published by the department that provides for calculations based on fuel use, energy values and emission factors from AP-42.
(5) Notwithstanding any other provision in this section, the commissioner will not issue a work permit or a certificate of operation or a registration for a boiler and/or burner that uses #2 oil, #4 oil, #6 oil and/or natural gas unless the particulate matter and NOx emissions of such boiler or burner meets any binding emissions standard established by either state or federal law or regulation.
(6) Nothing in this section may be interpreted as requiring the New York City Department of Housing Preservation and Development, when conducting an emergency repair in accordance with sections 27-2125 through 27-2129 of the New York City Administrative Code, to convert a boiler and/or burner to use different fuel or to replace a boiler and/or burner with a boiler and/or burner that uses a different fuel.
(1) The commissioner may issue a renewal of a certificate of operation or a registration for a boiler and/or burner that uses #2 oil, #4 oil and/or natural gas in accordance with § 24-122(d) of the New York City Administrative Code.
(2) The commissioner will not issue a renewal of a certificate of operation or a registration for a boiler and/or burner that uses #6 oil, unless (i) the applicant demonstrates to the satisfaction of the commissioner that the particulate matter and NOx emissions of the #6 oil to be used in such boiler and/or burner will be equivalent to or less than emissions from #4 oil as provided in paragraph 4 of subdivision (a) of this section, or (ii) the applicant enters into a compliance agreement with the commissioner in accordance with subdivision (e) of this section.
(3) An owner who holds a certificate of operation or a registration for a boiler and/or burner that uses #2 oil, #4 oil, #6 oil and/or natural gas, and who seeks to make an in-kind replacement for use with #2 oil, #4 oil and/or natural gas is not required to file a new application for a work permit and a subsequent certificate of operation or a registration. The owner must provide on a form to be designated by the commissioner the make, model and serial number of the replacement equipment. The previously issued certificate of operation or a registration may be renewed with the previously issued application number assigned by the department upon approval of the amendment by the department.
(4) An owner who holds a certificate of operation or a registration for a boiler and/or burner and who seeks to replace the boiler and/or burner with equipment that is not of the same make and model number must file a new application for a work permit and a subsequent certificate of operation or a registration as provided in 15 RCNY §§ 2-04 and 2-05. The previously issued certificate of operation or a registration for the previously installed equipment will be cancelled upon receiving the application. The department will not accept an amendment to the previously issued certificate of operation or a registration for such replacement of the equipment.
(1) All applications for a work permit or a registration for a boiler and/or burner must specify that the equipment uses #2 oil and/or natural gas, unless the applicant demonstrates to the satisfaction of the commissioner that the particulate matter and NOx emissions of the #4 oil and/or #6 oil to be used in such boiler and/or burner will be equivalent to or less than the emissions from #2 oil as provided in paragraph 4 of subdivision (a) of this section.
(2) In cases where a work permit has been issued before the effective date of this rule for a boiler and/or burner that uses #4 oil or #6 oil, but where a certificate of operation or a registration has not yet been issued, the owner of the equipment must file an amendment specifying the use of #2 oil and/or natural gas, unless the owner demonstrates to the satisfaction of the commissioner that the particulate matter and NOx emissions of the #4 oil and/or #6 oil to be used in such boiler or burner will be equivalent to or less than the emissions from #2 oil as provided in paragraph 4 of subdivision (a) of this section.
(1) A compliance agreement entered into under subdivisions b and d of this section must include a schedule agreed to by the commissioner for the conversion and/or replacement of boilers and/or burners, and/or demonstration of the required equivalency, until the owner is in full compliance with the provisions of this section.
(2) An owner who applies to enter into a compliance agreement must show that conversion and/or replacement of the boilers and/or burners, and/or demonstration of the required equivalency, within the time frames set forth in subdivisions b or d of this section for an owner of fifty or more buildings with boilers and/or burners that use #4 or #6 oil, or subdivision b of this section for an owner of fewer than fifty such buildings, would not be feasible or would constitute an undue hardship.
(3) For purposes of paragraph 2 of this subdivision, the commissioner will consider several factors in considering whether to enter into the compliance agreement. These factors include financial hardship, whether the owner is an equity owner of the buildings, the presence of underground tanks that must be remediated because of the conversion in subdivision (b) of this section, prior good faith efforts to comply, the scale and timing of commitments to convert to the cleanest fuels, the levels of particulate matter and NOx emitted by the boilers, whether the boilers are located in neighborhoods with high densities of boilers that use #4 oil or #6 oil, and the public health consequences of delayed compliance with this section.
(4) An application to enter into an agreement to comply with subdivision (d) of this section must be filed by January 1, 2020.
(5) An application filed according to this subdivision must be sent to:
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373
(6) The commissioner will publish in the City Record a written opinion no later than seven days after entering into a compliance agreement, stating the facts and reasons leading to his or her decision, as well as a copy of the compliance agreement.
(7) By December 31, 2014, and every year thereafter, the commissioner will publish a report summarizing the number of compliance agreements applied for and granted. The report will also summarize the environmental impacts of such compliance agreements and the overall program on tons of particulate matter and NOx in the air.
(8) Notwithstanding this specific compliance provision, Section 24-110 of the New York City Administrative Code may apply.
§ 3-01 Cessation of Operation and Removal and Sealing of Refuse Burning Equipment.
(a) Prohibition.
(1) Purusant to Local Law 39 of 1989, effective June 28, 1993, all owners of refuse burning equipment shall cease the operation of and remove and seal such refuse burning equipment.
(2) Compliance with prohibition. All such owners shall comply with the prohibition set forth in subdivision (a)(1) by either removal of all auxiliary burners and sealing of all doors to refuse burning equipment, or by conversion of the charging chute for such refuse burning equipment to a refuse chute in accordance with all applicable Department of Buildings laws and rules. For the purposes of this paragraph “sealing” means the removal of incinerator grates and compliance with subdivision (e) of 1 RCNY § 24-01 of Chapter 24 of the Rules of Department of Buildings of the City of New York governing fireproofing.
(3) Unless otherwise required by law, no owner of refuse burning equipment shall be required to install a refuse compacting system upon the cessation of operation and the removal and sealing of such refuse burning equipment.
(1) If, as a result of the cessation of operation and removal and sealing of refuse burning equipment, the owner of a residential building which contains such equipment and currently receives Department of Sanitation collection service determines that a change from its existing form of collection service (e.g., curbside or containerized collection) is necessary, he/she shall notify the Department of Sanitation in writing no later than June 28, 1993. Such notice shall be addressed to the New York City Department of Sanitation, Office of Collection and Containerization, 125 Worth Street, Room 821A, New York, New York 10013, and shall provide:
(i) The type of collection service the building is presently receiving (i.e., curbside or containerized). Curbside collection service means placing garbage receptacles at the curb which are then manually serviced by Department of Sanitation personnel. Containerized collection service means placing garbage bags/refuse into a container(s) in an area accessible to a Department of Sanitation mechanized collection vehicle. The owner of the building currently receiving Department of Sanitation collection service shall state whether he/she request: (A) continuation of containerized collection service, or eligibility to receive containerized service; or (B) continuation of curbside collection service, all requests are subject to Department of Santation approval based on availability of collection equipment, facilities, necessary support resources and operational feasibility; and
(ii) Proof of Legal Authorization and Occupancy for Building. The owner of a building currently receiving Department of Sanitation collection shall submit a copy of the Certificate of Occupancy for such building, or, if such building is not legally required to operate pursuant to a Certificate of Occupancy, a notarized statement from the building owner stating the number of stories the building contains and the number of families authorized by law to occupy the building.
(2) Upon the Department of Sanitation’s receipt of the information set forth in subdivision (1) of this section, a Department of Sanitation representative shall visit the subject residential building and determine whether the request for change in collection service should be granted.
(3) Owners of commercial incinerators which cease to operate and are removed and sealed are required by law to arrange with their private carter for collection of the solid waste which they generate.
(1) If an owner of a building containing refuse burning equipment subject to cessation of operation and removal and sealing pursuant to Local Law 39 of 1989, renovates or alters the refuse and/or chute room, by, a method which includes, but is not limited to, the installation of a refuse chute or compactor, such owner shall comply with §§ 27-836, 27-837 and/or 27-875 of the Administrative Code of the City of New York and Department of Buildings Rules governing the construction and maintenance of refuse chutes and refuse rooms.
(2) Such owner shall obtain authorization from the borough office of the Department of Buildings in which his/her building is located in the form of an alteration application/permit, as required by articles four, nine, ten and twelve of Subchapter one of Chapter one of Title twenty-seven of the Administrative Code of the City of New York.
(3) Such owner shall mail a copy of the approved alteration application/permit and a notarized statement that the owner has complied with all applicable rules and laws of the Department of Buildings to: Department of Environmental Protection, Records Control Unit, 59-17 Junction Boulevard, Elmhurst, New York 11373-5107.
§ 4-01 Definitions.
For the purpose of this chapter, the following definitions apply:
Annual throughput. “Annual throughput” shall mean the amount of petroleum liquid transferred into or dispensed from a defined source or facility during twelve consecutive months.
Commissioner. “Commissioner” shall mean the Commissioner of the New York City Department of Environmental Protection.
Equivalent control. “Equivalent control” shall mean the use of alternate operational and/or equipment controls for the reduction of gasoline vapor emissions, that have been approved by the Commissioner, such that the aggregate emissions of gasoline vapor from the facility do not exceed those from the application of defined reasonably available control technology.
Gasoline. “Gasoline” means any petroleum distillate having a Reid Vapor Pressure of 4 pounds per square inch (28 kilopascals) or more used as a motor fuel.
Gasoline dispensing site. “Gasoline dispensing site” shall mean any site where gasoline is dispensed into vehicle fuel tanks or into portable containers used to fuel any motor from any stationary storage container(s) larger than 250 gallons.
Gasoline transport vehicle. “Gasoline transport vehicle” shall mean any tank truck, trailer, or railroad tank car, with a capacity of 300 gallons or more, used for the transportation of gasoline.
NYSDEC. “NYSDEC” shall mean New York State Department of Environmental Conservation.
Stage 1 vapor collection system. “Stage 1 vapor collection system” shall mean a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.
Submerged filling. “Submerged filling” shall mean the use of a fill pipe or drop tube whose discharge opening is entirely submerged when the liquid is six inches above the bottom of the container. For containers loaded from the side, submerged filling is defined as the use of a fill pipe whose discharge is entirely submerged when the liquid level is 18 inches, or twice the diameter of the fill pipe, whichever is greater, above the bottom of the container.
Vapor control system. “Vapor control system” shall mean a system that prevents emissions to the outdoor atmosphere from exceeding 4.7 grains per gallon (80 grams per 1,000 liters) of gasoline loaded.
§ 4-02 Applicability.
(a) This chapter applies to the transfer of gasoline into underground storage tanks located at gasoline dispensing sites.
(1) Deliver gasoline to any gasoline dispensing site required to be equipped with a stage 1 vapor collection system or equivalent (including such gasoline dispensing sites located in other counties or in states adjacent to New York State); or
(2) Convey gasoline either to or from any gasoline loading terminal or gasoline bulk plant.
§ 4-03 Gasoline Dispensing Sites.
(a) Prohibitions and requirements.
(1) No person shall transfer or allow the transfer of gasoline into storage tanks at gasoline dispensing sites located in New York City whose annual throughput exceeds 120,000 gallons, unless the storage tank is equipped with:
(i) A stage 1 vapor collection system consisting of a vapor-tight return line from the storage tank, or its vent, to the gasoline transport vehicle and a system that will ensure that the vapor line is connected before gasoline can be transferred into the tank; or
(ii) A properly installed on-site vapor control system connected to a vapor collection system; or
(iii) An equivalent control system approved by the Commissioner.
(2) Owners and/or operators of gasoline storage tanks subject to stage 1 vapor collection or vapor control system requirements shall:
(i) Install all required stage 1 vapor collection and control systems, and make any modifications necessary to comply with the requirements;
(ii) Provide adequate training and written instructions to the operator(s) of the affected gasoline dispensing site;
(iii) Replace, repair, or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage 1 vapor collection and vapor control systems; and
(iv) Connect and properly operate the stage 1 vapor collection and control systems whenever gasoline is being loaded or unloaded.
(3) Each stationary storage tank with a capacity of at least 250 gallons installed or modified after January 1, 1979 at any gasoline dispensing site in New York City area shall have a stage 1 vapor collection or vapor control system.
(4) No person shall install, alter, test or repair underground equipment for storage, underground storage systems, underground tanks and underground piping and valves for gasoline except by or under direct supervision of a person who has first secured from the Commissioner of the Fire Department of the City of New York a Certificate of License to make such installation, alteration, test or repair. A written application for alteration to any part of existing underground equipment and/or underground storage systems shall be made to the Fire Department according to the requirements of § 27-4062(d)of the Administrative Code of the City of New York.
(1) A stage 1 vapor collection system and submerged filling are not required for any storage tanks with a capacity less than 2,000 gallons which were installed prior to January 1, 1970, at any gasoline dispensing sites, even if the annual gasoline throughput exceeds 120,000 gallons for the dispensing sites.
(2) Stage 1 vapor collection systems are not required for gasoline dispensing sites used exclusively for:
(i) farm-type tractors used only for agricultural purposes or snow plowing (other than for hire),
(ii) farm equipment including self propelled machines used in growing, harvesting or handling farm produce, and
(iii) self propelled caterpillar or crawler-type equipment being operated on a contract site, but must be equipped for submerged filling.
§ 4-04 Gasoline Transport Vehicles.
(a) No person shall allow a gasoline transport vehicle subject to this chapter to be filled or emptied unless the gasoline transport vehicle:
(1) Sustains a pressure change of not more than 3 inches of water (6 millimeters of mercury) in five minutes when pressurized to a gauge pressure of 18 inches of water (34 millimeters of mercury) and evacuated to a gauge pressure of 6 inches of water (11 millimeters of mercury);
(2) Is repaired by the owner or operator within 15 days after failing to meet the pressure change standard required by this section; and
(3) Displays a marking near the U.S. Department of Transportation certificate plate, in letters and numerals at least 2 inches high, which reads: NYSDEC and the date on which the gasoline transport vehicle was last tested for any other equivalent display approved by NYSDEC.
(1) Install all required stage 1 vapor collection and control systems, and make any modifications necessary to comply with the requirements;
(2) Provide adequate training and written instructions to the operator(s) of the affected gasoline transport vehicle;
(3) Replace, repair, or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage 1 vapor collection and vapor control systems; and
(4) Connect and properly operate the stage 1 vapor collection and control systems whenever gasoline is being loaded or unloaded.
§ 4-05 Leakage.
During the loading or unloading of a gasoline transport vehicle subject to this chapter, leakage from any component of the gasoline transport vehicle or the vapor collection or control systems shall not equal or exceed 20 percent of the lower explosive limit (LEL measured as propane) when measured at a distance of one inch with a combustible gas detector. There shall be no avoidable visible liquid leak from such components. Components of the transport vehicle or vapor collection or control systems include all piping, seals, hoses, connections, pressure-vacuum seals, and other possible leak sources. The combustible gas detector used for determining compliance with this standard shall have a minimum range of 0 - 100 percent of the LEL as propane, a probe with an internal diameter of 1/4 inch (0.625 cm), and a response time less than 8 seconds with sampling line and probe attached. The combustible gas detector must be properly calibrated prior to testing.
§ 4-06 Testing.
Vehicles subject to this chapter shall undergo a pressure vacuum test within one year after the effective date of this chapter, and annually thereafter. These tests shall be performed by the owner or his agent using test methods acceptable to the Commissioner of NYSDEC. [Test method 27 described in appendix A of Part 60 of Title 40 of the Code of Federal Regulations (40 C.F.R. Part 60) is considered to be acceptable]. If the results of the pressure vacuum test do not show compliance with the pressure change standard, the gasoline transport vehicle shall be repaired to make the tank vapor-tight and retested within 15 days.
§ 4-07 Record Keeping.
(a) The owner of any gasoline transport vehicle subject to this chapter shall maintain written records of pressure-vacuum testing and repairs. The records include the vehicle identification number of the gasoline transport vehicle, the date of tests, the results of the testing, the nature of necessary repairs and the date of retests.
§ 4-08 Reciprocity.
Consistent with the decision of NYSDEC the requirements for testing and marking gasoline transport vehicles subject to this chapter may be satisfied if the vehicle undergoes equivalent certification in another state.
§ 4-09 Compliance Schedules for Gasoline Dispensing Sites.
Any owner or operator of a gasoline dispensing site subject to the requirements of this chapter shall submit a proposed schedule to the Commissioner which includes specific steps and dates necessary to comply with the provisions of this part within 10 days of the effective date of this chapter. Owners of gasoline dispensing sites subject to this chapter shall be in compliance with all requirements within 10 days of the effective date of this chapter or shall have submitted an approved compliance schedule.
§ 4-10 Fire Department Regulations.
Nothing in this chapter shall effect or substitute for New York City Fire Department or other regulations of the New York City Administrative Code.
§ 4-11 Variances.
The Commissioner may grant variances from the requirements of this chapter to gasoline dispensing sites or gasoline transport vehicles in accordance with the procedures, standards and time limits provided in § 24-110 of the Administrative Code of the City of New York.
§ 4-12 Penalties and Sanctions.
Any person who is in violation of, or fails to comply with any provision of any section of these regulations or any determination issued pursuant to these regulations shall be subject to issuance of a notice of violation answerable to the Environmental Control Board as provided in § 24-178 of the Administrative Code of the City of New York.
§ 5-01 Filing Applications and Plans, Amendments, Fees.
(a) All applications and plans for incinerator upgradings must be approved by the Bureau of Air Resources.
§ 5-02 Requirements.
(a) General. These criteria apply to existing incinerators in multiple dwellings. Other designs will be considered if it can be demonstrated that the emission performance requirements of the New York City Air Pollution Control Code can be met, and if such designs comply with the applicable provisions of the Administrative Code.
(1) Incinerator capacity, where feasible, should be adequate to accommodate refuse load based on four burns per day. (See: Table 1 and figure 1.) Grates and brickwork in incinerator and flue must be in good repair.
(i) grate area shall be at least 50 percent of total burning area, where the existing conditions permit.
(ii) hearths under the charging flue shall be pitched at a 60° angle from the horizontal so that refuse will slide down on to grate.
(2) Auxiliary burner(s) with spark ignited gas pilot, flame failure shutoff (100%), temperature control, temperature indicator, furnace draft and closed damper interlocks shall be installed to provide for ignition of the refuse and maintenance of furnace temperature between 1,400F and 1,600F. (See: Table 1 for gas burner(s) capacity.)
(3) Overfire air fan manifold and nozzles for 25 percent of combustion air requirement shall be installed to assure adequate turbulence and burnout of refuse. Manifold may be located outside furnace as space permits.
(4) Programming electric clock with 24 hour dial, having 15 minute adjustable contact pins, to permit automatic starting and stopping of burner(s) and fans.
(5) Enclosed steel cabinet with locked cover, dust and splash-proof, for housing all control equipment. Located in basement, on wall or steel stand, at least 2 feet from incinerator wall to avoid over-heating. Cabinet shall be prewired.
(6) By-pass damper shall remain closed when the scrubber is in use, but shall be opened automatically when the scrubber is shut down.
(7) Furnace draft, to assure optimum conditions for control of combustion air, shall be maintained at all times at approximately 0.10 in. of water by automatic control of the ID fan damper.
(8) Hopper door locks, if any, shall be synchronized with incinerator operations.
(9) Overtime burning. If the furnace is too small to hold the refuse accumulated overnight between 5p.m. and 7a.m, and the furnace cannot be enlarged, permission for overtime burning, between 6a.m. and 11p.m., may be granted. The hours for burning shall be shown on the Certificate of Operation.
(10) Every incinerator must meet the particulate emission performance requirements set forth in the New York City Air Pollution Control Code. This may be accomplished by the installation of a scrubber or other control device capable of reducing the uncontrolled particulate emission to a level not exceeding the allowable particulate emission rate. Materials of construction for air cleaners shall provide suitable corrosion and erosion resistance.
(1) Single flue, single combustion chamber (Figure 2)
(2) Refuse chute and direct fed multiple chamber (Figure 3)
(3) Single flue, multiple chamber (Figure 4) with bypass flue in basement or at first or second floor.
(4) Double flue, multiple chamber (Figure 5) with one flue extending through roof.
(1) Refractory flue (Figure 6) built alongside charging flue, extending through roof of building.
(2) Use of boiler flue (Figure 7) provided size and combustion controls, etc., are in accordance with following:
(i) Boiler flue must provide sufficient draft under maximum load conditions for natural draft installations.
(ii) Both boilers and incinerators are provided with required combustion controls.
(iii) Dampers are provided in boiler and incinerator flues to prevent excessive gas cooling during cleaning or shut-down periods.
(iv) Connecting flues from oil fired boilers and incinerators are relatively short and are provided with cleanout doors.
(1) Single flue, single combustion chamber with air cleaner.
(i) Burning cycle.
(A) Lock hopper doors, if included.
(B) Start air cleaner and automatic draft controller.
(C) Start auxiliary burner to ignite refuse.
(D) Start over fire air fan.
(E) Burn for preset interval, usually 30 to 60 minutes.
(ii) At end of burning cycle.
(A) Stop auxiliary burner.
(B) Stop overfire air fan.
(C) Stop air cleaner, close automatic draft controller and open automatic by-pass damper.
(D) Unlock hopper door locks, if included.
(E) Remove accumulated residue and siftings from grate and ash pit at least once each day or more frequently.
(2) Refuse chute and direct fed multiple chamber with air cleaner.
(i) Burning cycle.
(A) Charge refuse from charging chute into furnace at set intervals to avoid excess pileup of refuse in chute hopper.
(B) Start air cleaner and automatic draft controller.
(C) Start auxiliary burner and overfire air fan.
(D) Burn down refuse under supervision of operator or by automatic controls.
(ii) At end of burning cycle.
(A) Stop auxiliary burner and overfire air fan.
(B) Stop air cleaner, close automatic draft controller and open automatic by-pass damper.
(C) Remove accumulated residue at least once a day.
(3) Single flue, multiple chamber with by-pass flue at first or second floor.
(i) Burning cycle.
(A) Lock hopper doors, if included.
(B) Close charging flue gate.
(C) Start air cleaner and automatic draft controller.
(D) Start auxiliary burner and overfire air fan.
(E) Burn for preset interval.
(ii) At end of burning cycle.
(A) Stop auxiliary burner and over fire air fan.
(B) Stop air cleaner, close automatic draft controller and open automatic by-pass damper.
(C) Unlock hopper doors, if included.
(D) Open charging flue gate briefly to discharge accumulated refuse into furnace. This gate is normally closed.
(E) Clean grate and ash pit daily.
(4) Double flue, multiple chamber, with one flue extending through roof.
(i) Between burns. Charging flue gate shall remain closed except for opening briefly at 15 to 30 minute intervals to discharge accumulated refuse. Opening and closing cycle shall continue 24 hours per day.
(ii) Burning cycle.
(A) Open and close charging flue gate.
(B) Start air cleaner and automatic draft controller.
(C) Start auxiliary burning and overfire air fan.
(D) Burn for preset period.
(iii) At end of burning cycle.
(A) Stop auxiliary burner and overfire air fan.
(B) Stop air cleaner, close automatic draft controller and open automatic by-pass damper.
(1) During alteration.
(i) Do not use incinerator for burning construction or other waste. Excessive temperatures may damage the furnace, flues, and other parts.
(ii) Be sure that chambers, passages and flues are cleaned of building debris before sealing.
(iii) Install controls last to minimize damage during construction.
(2) Placing in service.
(i) Unseal incinerator and clean out combustion chamber, ash pit, separation chambers, flues, etc.
(ii) Test burners, fans, flue gate, scrubber, dampers, hopper doors, etc., to insure that they work properly.
(iii) Start a slow fire to dry out gradually the refractory in the furnace and flues.
(iv) Set controls for the operation cycle.
(v) Set the timing mechanism for 4 or more burns per day: For example: 6 - 7 a.m., 2 - 3 p.m., 7 - 8 p.m., 10 - 11 p.m..
(vi) It may be necessary to make seasonal adjustments in the choice of operating periods.
(1) Daily.
(i) Remove residue and siftings from primary and secondary chambers as well as ash pit.
(ii) Inspect for proper operation: gas burner and controls; grates; flue gate; overfire air fan system; air cleaner and pump; cycling clock.
(iii) Check all cleanout doors.
(2) Weekly.
(i) Remove accumulated fly ash from flues.
(ii) Inspect hopper doors for tightness of fit.
(iii) Inspect spark arrester for cleanliness and repair.
(iv) Remove accumulated fly ash in secondary chambers.
(v) Remove sludge from scrubber sump.
(vi) Inspect refractory and repair or replace defective brick.
Note: Report immediately any malfunctioning or deterioration to owner or agent.
Table 1. Flue Fed Incinerators — 100 to 1,000 Rooms — Manual Grates
| No. of Rooms or population per incinerator | 100 | 200 | 300 | 400 | 600 | 800 | 1,000 | |
|---|---|---|---|---|---|---|---|---|
| Refuse per day at 1.44 lbs per room | lbs | 144 | 288 | 432 | 576 | 865 | 1,152 | 1,440 |
| Volume of refuse per day at 4.1 lbs/cu ft. | cu ft | 35.1 | 70 | 105 | 141 | 211 | 282 | 351 |
| Heat input per day at 6,000 Btu/lb | Btu | 864,000 | 1,728,000 | 2,590,000 | 3,460,000 | 5,180,000 | 6,912,000 | 8,640,000 |
| Refuse per hourly burn at 25% 4 burns per day | lbs/hr | 36 | 72 | 108 | 144 | 216 | 288 | 360 |
| Volume of refuse per hourly burn at 4.1 lbs/cu ft. | cu ft/hr | 8.8 | 17.6 | 26.3 | 35.2 | 52.7 | 70.2 | 87.8 |
| Heat input per hourly burn at 6,000 Btu/lb | Btu/hr | 216,000 | 432,000 | 648,000 | 865,000 | 1,300,000 | 1,730,000 | 2,160,000 |
| Furnace heat release rate | Btu/cu ft/hr | 2,800 | 4,800 | 6,270 | 7,600 | 9,680 | 10,500 | 11,400 |
| Gas weight leaving furnace at 200% excess air | lbs/hr | 440 | 880 | 1,323 | 1,760 | 2,650 | 3,520 | 4,415 |
| Gas volume leaving furnace at 1,600F | CFM | 379 | 758 | 1,138 | 1,515 | 2,280 | 3,030 | 3,900 |
| Combustion air weight | lbs/hr | 405 | 810 | 1,215 | 1,620 | 2,440 | 3,240 | 4,050 |
| Combustion air volume at 80F | CFM | 90 | 180 | 276 | 367 | 554 | 735 | 920 |
| Underfire air—50% of total—at 80F | CFM | 45 | 90 | 138 | 183 | 277 | 367 | 460 |
| Adjustable air port area | Min. sq in | 50 | 100 | 153 | 200 | 310 | 420 | 510 |
| Overfire air fan at 25% of total at 1”S.P. | CFM | 22.5 | 45 | 69 | 92 | 139 | 184 | 230 |
| Overfire air duct and manifold area at 2,000 FPM | sq in | 1.62 | 3.24 | 4.97 | 6.62 | 10.0 | 13.25 | 16.5 |
| Equivalent schedule 40 pipe size | in | 2 | 2 | 3 | 3 | 4 | 4 | 6 |
| No. of 1”pipe nozzles for O.F. air | No. | 4 | 4 | 5 | 5 | 6 | 7 | 9 |
| Gas flue and fresh air inlet | Min. sq ft | 1.0 | 1.37 | 1.86 | 2.36 | 3.29 | 4.05 | 4.86 |
| Auxiliary burner capacity per hourly burn | Min. Btu/hr | 72,000 | 144,000 | 216,000 | 288,000 | 433,000 | 577,000 | 720,000 |
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Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
Editor’s note: the image displayed above is the highest quality available to the publisher.
§ 6-01 Introduction.
Figure 1 and Figure 2 set forth below relate to allowable sound levels for motor vehicles as specified in § 24-232(a) of the Administrative Code (Noise Control Code). These figures shall be used for the interpolation between Column I and Column II of Table I of said section to determine the allowable sound levels for motor vehicles operated at speeds of 35 miles per hour or less and speeds of more than 35 miles per hour, respectively, at distances between twenty-five and fifty feet from the center of the lane of the public highway in which the motor vehicle is idling or is traveling.
§ 7-01 Tunneling Permits.
Tunneling permits shall not be required for activities carried out solely between the hours of 7 a.m. to 6 p.m. during weekdays. “Tunneling” shall be defined as any activity to construct a tunnel carried out by tunneling methods, i.e., mining, boring, jacking, lining, shielding, and where the above methods are not practical, cut and cover shall also be considered a tunneling method. Tunneling does not include cut and cover operations for the installation of minor utility lines by cut and cover methods. In order to obtain a permit for shaft and tunnel construction the applicant shall submit an application to the Division of Noise Abatement for use in determining after completion the conditions necessary to conform to the New York City Noise Control Code. The tunnel permit shall be issued for each shaft site to cover the operation and hours of use of all equipment. The applicant will be required to submit an application completed in full. It is intended that the permit will be applicable for the site and equipment therein designated. Should there by any change of conditions, location or equipment substitution, the Division of Noise Abatement must be notified and the appropriate specifications of the permit modified.
§ 8-01 Submission of Environmental Rating Reports from Industrial Sources.
Environmental Rating Reports are required for every industrial process capable of emitting solid, liquid or gaseous contaminants to the open air, and are required regardless of when the equipment became operational. The Department requires that all operational industrial equipment, as defined in § 24-104(25) of the Administrative Code, in New York City submit an Environmental Rating Report pursuant to § 24-154 of the Code. The Environmental Rating Report is required to contain substantive information showing that the equipment is being operated in compliance with § 24-153 of the Code. The Environmental Rating Reports must be filed with the Bureau of Air Resources when specifically requested by the Bureau, and/or upon application for renewal of a Certificate of Operation if an Environmental Rating Report was not previously submitted. In accordance with § 24-138 of the Code an administrative fee must be submitted with the Environmental Rating Report. No fee is required if the Report is filed in support of an application for an operating certificate. Environmental Rating Reports are not required for oil or gas burners and boilers, unit space heaters, and exhausts used for comfort heating, ventilating and air conditioning systems. Any owner or operator who is unsure whether an Environmental Rating Report should be filed should complete and submit Form AR 510 to the Bureau of Air Resources. No fee is required when filing Form AR 510. The Bureau of Air Resources will notify the owner or operator within 60 days of filing Form AR 510 if an Environmental Rating Report must be submitted.
§ 9-01 Installation of and Conversion to Gas or Gas/Oil Fired Burners.
(a) For those installations where it is necessary to install a new gas or gas/oil burner then a complete new filing will be required.
§ 10-01 Scope.
The following school, instructor and course completion certification procedures shall apply to all educational institutions, industry and labor organizations offering a course of instruction in accordance with § 24-161 of the Administrative Code of the City of New York.
§ 10-02 Definitions.
Approved school. “Approved school” shall mean an educational institution, industry organization or labor organization which has been certified by the Department to conduct a course in air pollution control.
Certificate of Course Completion. “Certificate of Course Completion” shall mean the certificate issued by the Department indicating that an individual has passed the air pollution control course of instruction in accordance with the provisions of these rules.
Commissioner. “Commissioner” shall mean the Commissioner of the New York City Department of Environmental Protection.
Curriculum. “Curriculum” shall mean a sequence of topics to be covered which together comprise a program of instruction.
Department. “Department” shall mean the New York City Department of Environmental Protection.
Enrollment Card. “Enrollment Card” shall mean a registration card issued by an approved school offering air pollution control course of instruction to a current student.
Instructional Hour. “Instructional Hour” shall mean an instructional unit of time consisting of a minimum of fifty minutes.
Teaching Certificate. “Teaching Certificate” shall mean the certificate issued by the Department indicating that an educational institution, industry organization or labor organization has received approval to conduct a course in air pollution control.
Tuition. “Tuition” shall mean the charge for instruction at an approved school, and shall not include such charges as enrollment or registration fees, or fees for equipment and materials, including but not limited to kits, tools, supplies and books.
§ 10-03 Requirements for Approval of an Air Pollution Control Course of In- struction.
(a) No educational institution, industry organization or labor organization shall offer a course of instruction in air pollution control involving the use of fuel or refuse burning equipment, in conformance with § 24-161 of the Administrative Code of the City of New York, prior to receiving written approval of such course by the Department.
(1) Name and address of the entity planning to conduct the air pollution control course, and one name and telephone number of a contact person.
(2) The course location and course schedule (dates and times.)
(3) A copy of the course curriculum and the amount of time allotted for each topic.
(4) A description of the teaching methods to be used to present each topic (e.g., lectures, discussions, hands-on demonstrations, audio-visual materials).
(5) Copies of all written materials to be distributed, including typical examinations.
§ 10-04 Requirements for Course Content.
(a) A course of instruction in air pollution control involving the use of fuel burning equipment using residual fuel oil or refuse burning equipment shall provide the following:
(1) A minimum of twelve hours of instructions;
(2) Class instruction wherein the ratio of students to instructor in the classroom shall not exceed 25 to 1, and during hands-on demonstration sessions it shall not exceed 10 to 1; and
(3) A curriculum of teaching materials which shall include, at a minimum, the New York City Board of Education/DEP workbook “Air Pollution Control”.
(1) At least ten days prior to revising a course, an approved school shall in writing notify the Department and request written department approval of any of the following modifications:
(i) personnel changes
(ii) course schedule (dates and locations)
(iii) course curriculum
(iv) teaching materials
(2) Conditional written approval may be granted pending evaluation of the proposed changes.
§ 10-05 Experience Requirements for Instructors.
(a) The resumes of persons applying for instructor positions shall detail, at minimum, the most recent five (5) years experience with residual oil burning or refuse burning equipment and shall include the following:
(1) List of jobs the applicant has held and the duration of each; and
(2) Name and address of each employer; and
(3) Description of the work performed in each position.
§ 10-06 Procedures for Obtaining Certificate of Course Completion.
(a) No person or entity shall employ an operator or supervisor of fuel burning equipment using residual fuel oil or of refuse burning equipment who is not certified by the Department or who does not have an enrollment card for a course of instruction.
§ 10-07 Teaching Suspension or Revocation.
The Commissioner shall suspend for a period of up to (3) three years or revoke for a period of up to (5) five years an approved school’s teaching certificate, after giving written notice and an opportunity to be heard, upon the determination that any one of the following has occurred:
§ 12-01 Applicability.
This Rule applies to all new and existing dry cleaning facilities in the City of New York.
§ 12-02 Definitions.
(a) For the purpose of this Rule, the definitions of the New York City Air Pollution Control Code apply.
(1) Adsorptive cartridge filter. A replaceable cartridge filter that contains diatomaceous earth or activated clay as the filter medium.
(2) Ancillary equipment. The equipment used with a dry cleaning machine in a dry cleaning system including, but not limited to, emission control devices, pumps, filters, muck cookers, stills, solvent tanks, solvent containers, water separators, exhaust dampers, diverter valves, interconnecting piping, hoses and ducts.
(3) Articles. Clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.
(4) Azeotropic control device. A dry cleaning control system where the vapor stream from the dry cleaning machine drum is first cooled and condensed to reduce the concentration of perc in the vapor stream, and is then treated with water to further enhance the displacement of perc from the articles when the vapor stream is returned to the machine drum. There is no exhaust to the atmosphere during the drying cycle.
(5) Carbon adsorber. An air cleaning device that consists of an inlet for exhaust gases from a dry cleaning machine; activated carbon in the form of a fixed bed, cartridge, or canister, as an adsorbent; an outlet for exhaust gases; and a system to regenerate, or reclaim saturated adsorbent.
(6) Cartridge filter. A replaceable cartridge filter that contains one of the following as the filter medium: paper, activated carbon, or paper and activated carbon. A cartridge filter contains no diatomaceous earth or activated clay. Cartridge filters include, but are not limited to: standard filters, split filters, “jumbo” filters, and all carbon polishing filters.
(7) Closed-loop machine. Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit (also known as a dry-to-dry unit) and which recirculates perc-laden vapor through a primary control system (e.g., refrigerated condenser) with no exhaust to the atmosphere during the drying cycle. A closed-loop machine may allow for venting to the ambient air through a local exhaust ventilation system, such as a door fan, after the drying cycle is complete and only while the machine door is open.
(8) Co-located. Sharing a common wall, floor, or ceiling with a residence or business.
(9) Colorimetric detector tube. A glass tube (sealed prior to use), containing material impregnated with a chemical that is sensitive to perc and is designed to measure the concentration of perc in air.
(10) Commercial building. Any building where only commercial business is conducted, such as an office building or strip mall.
(11) Condenser. An air cleaning device that removes condensable vapors by a reduction in the temperature of the exhaust gases or, in the case of a surface condenser, by contact of the exhaust gases with structures that are cooled by a circulating cooling fluid.
(12) Converted machine. An existing vented machine that has been modified to be a closed-loop machine by eliminating the aeration step, installing a primary control system, and providing for recirculation of the perc-laden vapor with no exhaust to the atmosphere or workroom during the drying cycle. A converted machine may allow for venting to the ambient air through a local exhaust ventilation system, such as a door fan, after the drying cycle is complete and only while the machine door is open.
(13) Cool-down. The portion of the drying cycle that begins when the heating mechanism deactivates and the refrigerated condenser continues to reduce the temperature of the air recirculating through the drum to reduce the concentration of perc in the drum.
(14) Department. The New York City Department of Environmental Protection.
(15) Desorption. Regeneration or stripping of an activated carbon bed, or any other type of vapor adsorber by removal of the adsorbed solvent using hot air, steam, or other means.
(16) Dip tank. A separate tank that contains perc and is used for purposes other than dry cleaning (e.g., waterproofing).
(17) Diverter valve. A flow control device that prevents room air from passing through a refrigerated condenser when the door of a dry cleaning machine is open.
(18) Door fan. A local exhaust ventilation system designed to provide for a minimum 100 fpm inward air velocity into the effective door open area of a dry cleaning machine whenever the door is opened, and where the perc emissions are controlled by a carbon adsorber or equivalent control prior to venting to the outer air.
(19) Drum. The rotating cylinder or wheel of the dry cleaning machine that holds the articles being cleaned.
(20) Dry cleaning. The process used to remove soil, greases, paints and other unwanted substances from articles with the use of perc or non perc.
(21) Dry cleaning control system. Equipment (e.g., carbon adsorber, refrigerated condenser, azeotropic unit, etc.) or an air cleaning device used to reduce the amount of air pollutant(s) in an air stream prior to discharge to the atmosphere.
(22) Dry cleaning equipment. Any machine, device, or apparatus used to dry clean articles.
(23) Dry cleaning facility. A facility with one or more dry cleaning systems.
(24) Dry cleaning system. All of the following equipment, devices, or apparatus associated with the perc dry cleaning operations, including, but not limited to: dry cleaning equipment; filter or purification systems; waste holding, treatment, or disposal systems; perc supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey perc-contaminated air; and dry cleaning control systems.
(25) Drying cabinet. A housing in which materials that have been previously dry cleaned in perc are dried instead of being dried by tumbling in a dry cleaning machine.
(26) Drying cycle. The operation used to actively remove the perc remaining in the materials after washing and extraction. For closed-loop machines, the heated portion of the cycle is followed by cool-down and may be extended beyond cool-down by the activation of a control system. The drying cycle begins when heating coils are activated and ends when the machine ceases rotation of the drum.
(27) Drying sensor. A device that senses when articles being cleaned are relatively dry and automatically controls the drying cycle. Drying sensors include but are not limited to: infrared analyzers, float switches, and resistance probes. The device detects the concentration of synthetic solvents in the drying air or that the liquid solvent recovery rate is at a minimal rate. The drying sensor extends the drying cycle for a minimum time beyond the activation point to ensure dry articles.
(28) Dry-to-dry machine. A one-machine dry cleaning operation in which drying and washing are performed in the same machine.
(29) Dry-to-dry vented machine. Dry cleaning equipment in which washing, extraction, and drying are all performed in the same single unit and in which fresh air is introduced into the drum in the last step of the drying cycle and exhausted to the outdoor atmosphere, either directly or through a control device (2nd generation equipment).
(30) Environmental Training Program. An initial course or a refresher course of the Environmental Training Program, described in 15 RCNY § 12-14 and § 232.14 of Title 6 of the Codes, Rules, and Regulations of the State of New York for owners and operators of perc dry cleaning operations that has been authorized by the New York State Department of Environmental Conservation or the Department.
(31) Equivalent closed-loop vapor recovery system. A device or combination of devices that achieves, in practice, a perc recovery performance equal to or exceeding that of refrigerated condensers.
(32) Existing facility. Any facility at which dry cleaning equipment was installed or operated prior to May 15, 1997.
(33) Facility. All emission sources located at one or more adjacent or contiguous properties owned or operated by the same person or persons under common control.
(34) Filter muck. The residue from a filter using loose diatomaceous earth, which must be replaced periodically.
(35) First generation equipment. Transfer machines where cleaning and drying (reclaiming) take place in separate machines with the manual transfer of articles from one machine to another.
(36) Fourth generation equipment. A primary closed-loop refrigerated dry cleaning machine that has a “secondary control system” (e.g., closed-loop refrigerated condenser with a drying sensor and an integral carbon adsorber).
(37) Fugitive emissions. Emissions of air contaminants which could not reasonably pass through a stack, vent, chimney, or other functionally equivalent opening.
(38) fpm. Feet per minute.
(39) Full-size carbon unit. A carbon unit that is used to adsorb perc from a dry cleaning machine when the vapors are recirculating or venting from the drum during the drying cycle. (Normally used on first and second generation equipment.)
(40) General exhaust ventilation system. A mechanical exhaust ventilation system consisting of fresh air makeup inlets and one or more exhaust fans in a dry cleaning facility. This type of system would commonly be used to exhaust a dry cleaning workroom or a room enclosure. This system shall be completely separate from the ventilation system(s) for the remainder of the building.
(41) Halogenated-hydrocarbon detector. A portable device capable of detecting vapor concentrations of perc and indicating an increasing concentration by emitting an audible signal or visual indicator that varies as the concentration changes.
(42) Liquid leak. A leak of liquid containing perc of more than one drop every three minutes.
(43) Local exhaust ventilation system. A mechanical exhaust ventilation system connected directly to a dry cleaning machine or other related dry cleaning equipment. For example, the exhaust system on a door fan for a third generation machine constitutes a local exhaust ventilation system.
(44) Major source. A dry cleaning facility that emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perc to the atmosphere. In lieu of measuring a facility’s potential to emit perc or determining a facility’s potential to emit perc, a dry cleaning facility is a major source if: (1) it includes only dry-to-dry machine(s) and has a total yearly perc consumption greater than 8,000 liters (2,100 gallons) as determined according to 15 RCNY § 12-12, subdivision (b); or, (2) it includes only transfer machine system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has a total yearly perc consumption greater than 6,800 liters (1,800 gallons) as determined according to 15 RCNY § 12-12, subdivision (b).
(44-a) Material safety data sheet. The material safety data sheet as defined in section 24-702 of the Administrative Code of the City of New York.
(45) Mixed-use facility. A facility that is co-located.
(46) Muck cooker. A device for heating filter muck to drive off perc vapors for reclaiming.
(47) New facility. A facility that was not used for the operation of any dry cleaning equipment prior to May 15, 1997.
(47-a) Non perc. Any chemical substance used in the dry cleaning process other than perc.
(48) Occupancy. Any building or part of a building, excluding the dry cleaning facility.
(49) Openings. Any window, door or air intake.
(50) Perceptible leak. Any perc vapor or liquid leaks that are obvious from the odor of perc, pools or droplets of perc or the detection of gas flow by passing a finger over the surface of the equipment, or as detected by an appropriate portable monitoring instrument.
(51) Perc. A colorless volatile chlorinated hydrocarbon. Perc is also known as perchloroethylene, tetrachloroethylene, tetrachloroethene, and PCE. The chemical formula for perc is C12C:CC12. The CAS registry number for perc is 00127-18-4.
(52) Perc-contaminated wastewater evaporator. A device that vaporizes wastewater through physical action or the addition of thermal energy.
(53) ppb. Parts per billion by volume in air or by weight in water.
(54) ppm. Parts per million by volume in air or by weight in water.
(54-a) Primary chemical. The chemical that is used in the greatest concentration in the dry cleaning process.
(55) Primary control system. A refrigerated condenser or equivalent closed-loop vapor recovery system approved by the Department.
(56) Process ventilation emission. An emission from any dry cleaning machine normally vented to the outer air that occurs both during the aeration cycle and when the machine door is open, excluding any emissions from door fans on azeotropic control devices and third generation equipment.
(57) Refrigerated condenser. A closed-loop vapor recovery system into which perc vapors are condensed by cooling below the dew point of the perc using a mechanical refrigerated system.
(58) Residential building. Any dwelling or housing that is owned, rented, or occupied by the same person for a period of 180 days or more in a year, excluding short-term housing such as a motel or hotel room rented and occupied by the same person for a period of less than 180 days.
(59) Room enclosure. A room that encloses the dry cleaning machine or equipment. It is constructed of material that is impermeable to perc and designed and operated to maintain negative pressure at all times that the equipment is operating and is used with a general exhaust ventilation system.
(60) Second generation equipment. A dry-to-dry vented-dry cleaning machine which is not vented to a refrigerated condenser. Typically these machines are properly vented to a control device which may, for example, consist of a carbon adsorber or azeotropic control device plus a small carbon adsorber.
(61) Secondary control system. A device or apparatus that reduces the concentration of perc in the recirculating air at the end of the drying cycle beyond the level achievable with a refrigerated condenser alone. For example, an integral carbon adsorber used in fourth generation equipment constitutes a secondary control system.
(i) An “integral” secondary control system is designed and offered as an integral part of a production package with a single make and model of dry cleaning machine and primary control system.
(ii) An “add-on” secondary control system is designed or offered as a separate retrofit system for use on multiple machine makes and models.
(62) Self-service dry cleaning machine. A perc dry cleaning machine that is loaded, activated, or unloaded by the customer.
(63) Small carbon adsorbers. A carbon unit that is used to adsorb perc from the machine drum when the machine door is opened to remove clothes at the end of the drying cycle. For example, the adsorbers used to control emissions from supplemental door fans or azeotropic control devices would constitute small carbon adsorbers.
(64) Solvent mileage. The average weight of articles cleaned per volume of perc used.
(65) Solvent tank. Any container that is used to store perc prior to use in the dry cleaning operation and from which the perc is introduced into the drum of the machine at the start of the cleaning cycle.
(66) Stand-alone facility. A facility that is not co-located.
(67) Still. Distillation equipment used to volatilize and recover perc from contaminated solvent removed from the cleaned materials.
(68) Third generation equipment. A closed-loop dry cleaning machine equipped with a refrigerated condenser or other equivalent primary control system.
(69) Trained operator. A person who holds a certificate of completion for the initial course of an environmental training program and maintains her/his status by successfully completing refresher courses as required.
(70) Transfer machine. Perc dry cleaning equipment in which washing and extraction are performed in one unit and drying is performed in a separate unit. (First generation equipment.)
(71) Vapor adsorber. A bed of activated carbon or other adsorbent into which vapors are introduced and trapped for subsequent desorption.
(72) Vapor barrier. A material surface or coating that is impermeable to perc.
(73) Vapor leak. A fugitive emission of perc vapor from unintended openings in the dry cleaning system. A vapor leak can be indicated by a rapid audible signal or visual signal from a halogenated-hydrocarbon detector or other approved instrument.
(74) Water separator. A vessel that uses gravity to physically separate liquid perc from liquid water.
§ 12-03 Variances.
(a) Unless otherwise precluded by federal or state statute or regulation, or subdivision (d) of this section, the Department may, upon written application from any person who is subject to this Rule, grant a variance from one or more specific provisions of this Rule consistent with § 24-110 of the Administrative Code of the City of New York and under the conditions set forth in this subchapter.
(1) identify the specific provisions of this Rule from which a variance is sought;
(2) demonstrate that compliance with the identified provisions would, on the basis of conditions unique to the person’s particular situation in contrast to the rest of the industry or any segment thereof, impose unreasonable hardship;
(3) demonstrate that the proposed activity will have no significant adverse impact on the public health, safety, or welfare, the environment or natural resources and will be consistent with the provisions of the New York City Air Pollution Control Code and the performance expected from an activity permitted under the provisions of this Rule; and
(4) include a copy of any variance granted by the New York State Department of Environmental Conservation. If no variance has been granted by the New York State Department of Environmental Conservation then the application to the Department shall state that no variance has been granted by the New York State Department of Environmental Conservation.
§ 12-04 Prohibitions.
(a) Perc dry cleaning machines may not be installed in residential buildings after July 13, 2006.
§ 12-05 Pre-Permitting Requirements for Existing Facilities.
Existing facilities with a valid operating certificate(s) issued by the Department must comply with the following requirements in accordance with the timeframes established in this section in advance of applying for and obtaining an operating certificate amendment(s) required under 15 RCNY § 12-15. Prior approvals from the Department are not needed for construction of room enclosures, vapor barriers, general exhaust ventilation systems, or changes in vent stack locations. New facilities must comply with all the applicable requirements contained in this section at the time of installation.
(1) Stand-alone dry cleaning facilities that are designated as major sources, pursuant to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities under Title 40, Part 63 of the Code of Federal Regulations, Subpart M and that have transfer type machines should have contained all such machines inside room enclosures by September 23, 1996. Each room enclosure must be:
(i) Constructed of materials impermeable to perc; and,
(ii) Designed and operated to maintain a negative pressure at each opening at all times that the machine is operating.
(2) Co-located dry cleaning facilities must be equipped with a vapor barrier or room enclosure(s) and general exhaust ventilation that meets the design and performance requirements established in 15 RCNY § 12-06, subdivision (a), by the following dates:
(i) transfer machines – immediately upon the effective date of this Rule.
(ii) dry-to-dry vented machines – by no later than August 15, 1998.
(iii) 3rd generation dry-to-dry machines – by no later than November 15, 1998.
(iv) 4th generation dry-to-dry machines – by no later than May 15, 1999.
(3) The facility owner shall notify the Department by mail no later than 30 days after the installation of the required vapor barrier and general exhaust ventilation system and certify that it meets all regulatory requirements. Such notification shall be sent by certified mail to the Department.
§ 12-06 Equipment Standards and Specifications.
(a) Specific equipment standards and emission control specifications:
(1) Vapor barriers. Vapor barriers must, at a minimum, enclose the dry cleaning equipment. Vapor barriers can be constructed of polyvinyl chloride, PVC sheet 22 mil thick (0.022 in.), sheet metal, metal foil face composite board, or other equivalent materials that are impermeable to perc vapors. Vapor barriers must be constructed so that all joints and seams are sealed except for inlet makeup air and exhaust openings and entry doors. Entry doors may only be open when a person is entering or exiting the room enclosure.
(2) General exhaust ventilation system. Dry cleaning facilities which are co-located must be equipped with a vapor barrier and with a general exhaust ventilation system that is completely separate from the ventilation system(s) serving other areas of the building. The general exhaust ventilation system must be located near the dry cleaning machinery or connected to a separate room enclosure with a vapor barrier exhausting emissions to the outer air. The system shall be designed and operated to maintain a negative pressure in the room enclosure whenever the dry cleaning machine(s) is operating. This dry cleaning general exhaust ventilation system must be operated at all times when the dry cleaning machine(s) is in operation, and during maintenance operations and must be capable of at least one air change per five minutes.
(3) Door fan/local exhaust ventilation systems.
(i) All first, second and third generation dry cleaning equipment must be equipped with a door fan/local exhaust ventilation system. This system must include a mechanical exhaust fan that is activated when the loading door is open, drawing air from the machine drum causing fresh air to be drawn in through the loading door. A minimum inward air velocity of 100 fpm, must be maintained through the effective door opening area of the loading door of the machine.
(ii) Door fan/local exhaust ventilation systems must not recirculate vapors into the workroom and must be properly vented to the outer air.
(iii) Door fan/local exhaust ventilation emissions must be controlled to a design emission standard of five ppm perc with an in-use maximum compliance standard of 20 ppm.
(4) Process Ventilation Emissions – Interim Standards.
(i) Process ventilation emission points on first and second generation machines that exhaust during the aeration cycle and when the machine door is open must be vented to the outer air above the roof and more than 25 feet from all openings in nearby occupancies.
(ii) Process ventilation emissions from existing first and second generation vented machines having emission controls as part of the original equipment or retrofitted to comply with the 100 ppm perc emission standard effective May 10, 1981 under the repealed version of Title 6, Part 232 of Codes, Rules, and Regulations of the State of New York must continue to meet this standard until such time as retrofitting, replacement, or shutdown is required under this section.
(iii) Process ventilation emissions from existing second generation machines that are retrofitted with control equipment to comply with interim standards established under (b)(3) or (b)(6) in this section must be designed to achieve a perc concentration of five ppm or less in the exhaust and achieve an in-use compliance standard of less than 20 ppm perc in the exhaust.
(iv) The exhaust damper of a vented first or second generation machine must be completely closed when the machine is not being vented, and must not leak vapors into the workroom or the outer air.
(5) Primary emission control systems. Refrigerated condensers or equivalent closed-loop vapor recovery systems must meet the following requirements:
(i) Refrigerated condensers must be capable of achieving an outlet vapor temperature downstream of any by-pass of the condenser less than or equal to 45°F (7.2°C) during the final cool down cycle, and achieve a concentration of 8600 ppm or less perc in the drum upon completion of the drying cycle.
(ii) Refrigerated condensers must have a graduated thermometer, thermocouple or equivalent instrument with a minimum range from 0°F (-18°C) to 150°F (66°C), that measures the temperature of the outlet vapor stream downstream of any by-pass of the condenser, and is easily visible to the operator.
(iii) New third and fourth generation equipment with refrigerated condenser control systems must be equipped with a drying sensor/controller that extends the drying time at least four minutes beyond the point that the solvent recovery rate is less than 40 ml/min or solvent vapor concentration in the drum is less than 8600 ppm perc.
(iv) The refrigerated condenser must be operated with a diverter valve.
(v) Equivalent closed-loop vapor recovery systems or other control device must use a technology that has been demonstrated, pursuant to the requirements of 15 RCNY § 12-17, to achieve at least 90 percent by weight emission reduction based upon the amount of perc entering and leaving the control device.
(6) A secondary control system must:
(i) be designed to function with a primary control system complying with all requirements for third generation equipment.
(ii) be capable of reducing the perc concentration in the drum from 8600 ppm or greater to 300 ppm.
(iii) Any integral carbon adsorber used as a secondary control system must be sized correctly for the machine and be capable of reducing the perc concentration in the drum from 8,600 ppm or greater to 300 ppm or less.
(iv) The integral carbon adsorber must be designed for non-contact steam or hot air stripping operation, and must be stripped or desorbed in accordance with manufacturer’s instructions or at least weekly, whichever is more stringent.
(7) Spill containment. All new third and fourth generation, or used, reinstalled dry cleaning equipment must be equipped with a spill containment system capable of containing 125 percent of the capacity of the largest dry cleaning perc tank or vessel associated with the dry cleaning machine.
1) New stand-alone facilities – Equipment requirements
2) Existing stand-alone facilities – Replacement or addition of equipment
3) Existing stand-alone facilities – Retrofitting of equipment
4) New mixed-use facilities – New equipment
5) Existing mixed-use facilities – Replacement or addition of equipment
6) Existing mixed-use facilities – Retrofitting of equipment
(1) New stand-alone facilities – equipment requirements. The following types of new and/or used equipment are allowed in new stand-alone facilities.
(i) New equipment – Fourth generation.
(A) Vapor barrier – Not Required.
(B) Spill containment – Required as specified in paragraph (a)(7) of this section.
(C) General exhaust ventilation system – Optional.
(D) Primary and secondary control systems, and drying sensor – Required as specified in paragraphs (a)(5) and (6) of this section.
(E) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(ii) New equipment – Third generation. The installation of this type of equipment is prohibited after December 31, 1999.
(A) Vapor barrier – Not Required.
(B) Spill containment – Required as specified in paragraph (a)(7) of this section.
(C) General exhaust ventilation system – Optional.
(D) Primary control system, drying sensor, and door fan – Required as specified in paragraph (a)(3) and (5) of this section.
(E) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(F) An additional option would be to convert to a fourth generation machine with less than or equal to 300 ppm in drum. Under this option a door fan would not be required.
(iii) Used equipment – Third generation.
(A) Vapor barrier – Not Required.
(B) Spill containment – Required as specified in paragraph (a)(7) of this section.
(C) General exhaust ventilation system – Optional.
(D) Primary control system and door fan – Required as specified in paragraphs (a)(3) and (5) of this section.
(E) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm perc at any time.
(F) An additional option would be to convert to a fourth generation machine with less than or equal to 300 ppm perc in the drum. Under this option a door fan would not be required.
(2) Existing stand-alone facilities – replacement or addition of equipment. The equipment standards for new stand-alone facilities must be followed. However, transfer machines may be replaced with upgraded dry-to-dry vented equipment in accordance with the retrofitting requirements.
(3) Existing stand-alone facilities – retrofitting of equipment.
(i) Transfer machines – no retrofitting is allowed. All transfer machines must be removed from service on the following schedule.
(A) If the process ventilation emission point is located above the roof and more than 25 feet from all openings in nearby occupancies, and if previously retrofitted to meet the less than 100 ppm perc vented emission level (see subparagraph (a)(4)(ii) of this section) and is operating in compliance with that emission level, the equipment must be replaced with third or fourth generation equipment by January 1, 2000.
(B) If the process ventilation emission point is located below the roof or less than 25 feet from any opening in a nearby occupancy, or if process ventilation emissions do not meet the 100 ppm perc emission level, the equipment must be replaced with third or fourth generation equipment immediately upon the effective date of this Rule.
(C) Vapor barrier – not required.
(D) General exhaust ventilation system – Optional.
(ii) Dry-to-dry vented – Second generation.
(A) Vapor barrier – Not required.
(B) General exhaust ventilation system – Optional.
(C) Process ventilation emission point location –
(a) If the process ventilation emission point is above the roof and more than 25 feet from all openings in nearby occupancies, the relocation of the process ventilation emission point is not required.
(b) If the process ventilation emission point is below the roof or less than 25 feet from any opening in a nearby occupancy, the process ventilation emission point must be changed to be over the roof and more than 25 feet from all openings in nearby occupancies immediately upon the effective date of this Rule. Alternatively, the equipment may be replaced with third or fourth generation equipment within the same time limit.
(D) Emission controls.
(a) Controlled.
(1) If the machine has been controlled with either an azeotropic control device plus small carbon adsorber or converted to a closed-loop third generation machine having an integral or external primary refrigerated condenser (the water cooled condensing system having been eliminated) and has a door fan, meeting the requirements of paragraph (a)(3) of this section, no additional control is required.
(2) If the machine is equipped with either a full sized carbon adsorber or a refrigerated condenser with a water cooled condensing system, it must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to a closed-loop third generation machine by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan with a small carbon adsorber by December 31, 1999. Alternatively, the equipment may be replaced with a third generation machine with a door fan by December 31, 1999, or with a fourth generation by January 1, 2001.
(b) Uncontrolled. Equipment must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to closed-loop third generation by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan with a small carbon adsorber immediately upon the effective date of this Rule. Alternatively, equipment may be replaced with third or fourth generation equipment within the same time limit.
(E) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(iii) Dry-to-dry non-vented. Third generation.
(A) Vapor barrier – Not Required.
(B) General exhaust ventilation system – Optional.
(C) Equipment must be retrofitted with a door fan meeting the requirement of paragraph (a)(3) of this section by no later than May 15, 2001; or,
(D) An additional option would be to convert this type of equipment to a fourth generation machine that achieves a perc concentration of less than or equal to 300 ppm in the drum by no later than May 15, 2001. Under this option a door fan would not be required.
(E) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(iv) Dry-to-dry non-vented. Fourth generation.
(A) Vapor barrier – Not Required.
(B) General exhaust ventilation system – Optional.
(C) Primary and secondary control system and drying sensors must meet requirements specified in paragraphs (a)(5) and (6) of this section. However, for non-major facilities that purchased machines prior to May 15, 1997 the following provision applies: If the owner/manager or operator can demonstrate that the machine is operating in the best possible working condition, no action is required if the measured perc concentration in the drum is less than 500 ppm. If the level exceeds 500 ppm, a door fan that meets the requirements of paragraph (a)(3) of this section must be installed by January 1, 2000.
(D) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(4) New mixed-use facilities – new equipment. Only new dry-to-dry fourth generation equipment is allowed in new mixed-use facilities. No used or retrofitted equipment is allowed.
(i) Vapor barrier and general exhaust ventilation system. Required as specified in paragraphs (a)(1) and (2) of this section.
(ii) Spill containment. Required as specified in paragraph (a)(7) of this section.
(iii) Primary and secondary control systems and drying sensor. Required as specified in paragraphs (a)(5) and (6) of this section. Note: Any machine not meeting the 300 ppm requirement, and, where the owner/manager or operator can demonstrate that the machine is operating in the best possible working condition must have a door fan installed that meets the requirements of paragraph (a)(3) of this section within six months of an inspection indicating high ppm levels.
(iv) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(5) Existing mixed-use facilities – replacement or addition of equipment. The equipment standards for new mixed-use facilities must be followed.
(6) Existing mixed-use facilities – retrofitting of equipment.
(i) Transfer machines. No emission control retrofitting is allowed. All transfer machines must be removed from service on the following schedule.
(A) If the process ventilation emission point is located above the roof and more than 25 feet from all openings in nearby occupancies, and if the equipment has been previously retrofitted to comply with the less than 100 ppm perc vented emission level (see subparagraph (a)(4)(ii) of this section) and is operating in compliance with that emission level, the equipment must be removed from service by September 22, 1998.
(B) If the process ventilation emission point is located at or below the roof or is 25 feet or less from all openings in nearby occupancies, or if the equipment has not previously been retrofitted or is not in compliance with the less than 100 ppm perc emission level (see subparagraph (a)(4)(ii) of this section), the equipment must be removed from service immediately upon the effective date of this Rule.
(C) A vapor barrier and general exhaust ventilation system are required immediately upon the effective date of this Rule as specified in paragraphs (a)(1) and (2) of this section.
(ii) Dry-to-dry vented. Second generation.
(A) Vapor barrier and general exhaust ventilation system. Required immediately upon the effective date of this Rule as specified in paragraphs (a)(1) and (2) of this section.
(B) Process vent emission location.
(a) If the process ventilation emission point is above the roof and more than 25 feet from all openings in nearby occupancies, the relocation of the process ventilation emission point is not required.
(b) If the process ventilation emission point is at or below the roof or 25 feet or less from any opening in a nearby occupancy, the process ventilation emission point must be changed to be over the roof and more than 25 feet from all openings in nearby occupancies immediately upon the effective date of this Rule. Alternatively, equipment may be replaced with fourth generation equipment within the same time limit.
(C) Emission Controls.
(a) Mixed-use – commercial – uncontrolled. Equipment must be retrofitted with either an azeotropic control device plus a small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to a closed-loop third generation machine by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan as specified in paragraph (a)(3) of this section immediately upon the effective date of this Rule. Alternatively, equipment may be replaced with fourth generation equipment within the same time limit. The retrofit of this equipment is only an interim measure, and all retrofitted equipment of this type must be removed from service by January 1, 2005.
(b) Mixed-use – commercial – controlled.
(1) If the machine has been controlled with either an azeotropic control device plus small carbon adsorber or converted to a third generation machine having an integral or external primary refrigerated condenser (the water cooled condensing system having been eliminated) and has a door fan as specified in paragraph (a)(3) of this section, no interim retrofitting action is required. This equipment must be removed from service and replaced with fourth generation equipment by January 1, 2005.
(2) If the machine is equipped with either a full-sized carbon adsorber or a refrigerated condenser with a water cooled condensing system, it must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to a third generation machine by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan as specified in paragraph (a)(3) of this section by January 1, 2001. Alternatively, equipment may be replaced with fourth generation equipment by January 1, 2001. The retrofit of this equipment is an interim measure only and all retrofitted equipment must be replaced with fourth generation equipment by January 1, 2005.
(c) Mixed-use – residential – uncontrolled. Equipment must be retrofitted with either an azeotropic control device plus small carbon adsorber (provided EPA publishes a determination that an azeotropic control device is equivalent to a refrigerated condenser), or converted to third generation equipment by adding an integral or external primary refrigerated condenser (eliminating the water cooled condensing system) and a door fan as specified in paragraph (b)(3) of this section immediately upon the effective date of this Rule. Alternatively, the equipment must be replaced with fourth generation equipment within the same time limit. The retrofit of this equipment is only an interim measure and all retrofitted equipment of this type must be removed from service by January 1, 2000.
(d) Mixed-use – residential – controlled.
(1) If the machine has been controlled with either an azeotropic control device plus a small carbon adsorber or has been converted to a third generation machine having an integral or external primary refrigerated condenser (the water cooled system having been eliminated) and has a door fan as specified in paragraph (b)(3) of this section, no additional retrofitting is required. However, all equipment of this type must be replaced with fourth generation equipment by January 1, 2000.
(2) If the machine is equipped with a full-sized carbon adsorber with a water cooled condensing system, it must be operated in compliance with the 100 ppm standards of the previous version of Part 232 of Title 6 of the Codes, Rules, and Regulations of the State of New York and must be replaced with fourth generation equipment by January 1, 2000.
(D) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(iii) Dry-to-dry non-vented. Third generation.
(A) Vapor barrier and general exhaust ventilation system. Required by no later than November 15, 1998 as specified in paragraphs (a)(1) and (2) of this section.
(B) Equipment must be retrofitted with a door fan meeting the requirements of paragraph (a)(3) of this section by no later than May 15, 2001; or,
(C) An additional option is to convert this piece of equipment to a fourth generation machine that achieves a perc concentration of less than or equal to 300 ppm in the machine drum by no later than May 15, 2001. Under this option a door fan would not be required.
(D) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
(iv) Dry-to-dry non-vented. Fourth generation.
(A) Vapor barrier and general exhaust ventilation system. Required by no later than May 15, 1999 as specified in paragraphs (a)(1) and (2) of this section.
(B) Primary and secondary controls and drying sensor. Required as specified in paragraphs (a)(5) and (6) of this section. However, for non-major facilities that purchased machines prior to May 15, 1997 the following provision applies: If the owner/manager or operator can demonstrate that the machine is operating in the best possible working condition, no action is required if the measured perc concentration in the drum is less than 500 ppm. If the level exceeds 500 ppm, a door fan as specified in paragraph (a)(3) of this section is required.
(C) Fugitive perc emissions from any part of the dry cleaning system must not exceed 50 ppm at any time.
§ 12-07 Leak Inspections and Self Monitoring Requirements.
(a) Leak check requirements. The trained operator, must inspect the dry cleaning system for perceptible liquid and vapor leaks and other fugitive emissions. The trained operator, or a designee, must record the status of each component on a checklist supplied by the New York State Department of Environmental Conservation. Completed checklists must be kept for at least five years from the date of the inspection.
(1) The dry cleaning system must be thoroughly inspected, at least weekly, for vapor leaks using one of the following devices or methods for detecting vapor leaks:
(i) a halogenated-hydrocarbon detector;
(ii) a portable gas analyzer;
(iii) an air sampling pump and colorimetric tube; or
(iv) an alternative method approved by the New York State Department of Environmental Conservation.
(2) all equipment referenced in paragraph (a)(1) of this section must be properly calibrated.
(1) hose and pipe connections, fittings, couplings and valves;
(2) door gaskets and seatings;
(3) filter gaskets and seatings;
(4) pumps;
(5) solvent (including spent solvent) tanks and containers;
(6) water separators;
(7) muck cookers;
(8) stills;
(9) exhaust dampers;
(10) diverter valves; and
(11) cartridge filter housings.
(1) If repair parts are not available at the facility, the parts must be ordered within two working days of detecting such a leak. Such repair parts must be installed within five working days after receipt. Equipment with a leak that has been repaired by the end of the 15th working day after detection must not be operated until the leak is repaired, unless the facility owner or operator receives a leak-repair extension from the De- partment.
(2) The Department may grant a leak-repair extension to a facility owner for a single period of thirty days or less. Any person applying to the Department for a leak-repair extension shall include a copy of a leak-repair extension granted by the New York State Department of Environmental Conservation. If no leak-repair extension has been granted by the New York State Department of Environmental Conservation, then the application to the Department shall state that no leak-repair extension has been granted by the New York State Department of Environmental Conservation. A leak-repair extension may be granted only if the Department makes the following findings:
(i) the delay in repairing the leak could not have been avoided by action on the part of the facility owner or operator;
(ii) the facility owner and operator used reasonable preventive measures and acted promptly to initiate the repair;
(iii) the leak will not significantly increase perc exposure near the facility; and
(iv) the facility is in compliance with all other requirements of this section and has a history of compliance.
(3) Once a repair is completed, the completion date must be recorded on the checklist.
(4) Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
(5) All uncontainable releases, fires or explosions must be reported to the Department and appropriate emergency response agencies immediately.
§ 12-08 Operation and Maintenance Requirements.
(a) Dry cleaning facilities must be maintained and operated to minimize the release of perc to the environment.
(1) Fourth generation machines.
(i) Refrigerated condensers must be operated in accordance with manufacturer’s specifications.
(ii) Integral refrigerated condensers must be operated to ensure that exhaust gases are recirculated until the air-vapor stream temperature is 45°F or less at the outlet. The difference between the temperature of the air-perc gas vapor stream entering and exiting the refrigerated condenser must be greater than or equal to 20°F (11.1°C). The temperature differential must be determined at least weekly with a thermometer with a temperature range of from 32°F (0°C) to 120°F (48.9°C) to an accuracy of ±2°F (1.1°C) (see 15 RCNY § 12-07).
(iii) Vapor adsorbers used with a primary control system or secondary control system must be operated to ensure that exhaust gases are recirculated at the temperature specified for optimum adsorption.
(iv) Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods:
(A) Drained in the filter housing, before disposal, for no less than 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. In performing such a transfer the filter housing must be closed as soon as possible to minimize vapor leaks. The general exhaust ventilation system must be operated during this activity.
(B) Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.
(v) All steam and condensing coils must be maintained to be free of lint and hard lint build-up on interior surfaces.
(vi) For dry cleaning equipment equipped with a door fan the operator must use a portable velometer or equivalent measurement instrument to verify that the required 100 fpm inward air velocity is maintained through the effective door opening when the loading door is open. The inward air velocity must be checked on a weekly basis.
(vii) Test carbon absorber exhaust vents daily using colorimetric detector tubes or portable gas detectors. These absorbers shall be stripped periodically and maintained so that the perc concentration in the exhaust air does not exceed 20 ppm.
(2) Third Generation Machines.
(i) Refrigerated condensers must be operated in accordance with manufacturer’s specifications.
(ii) Integral and external refrigerated condensers must be operated to ensure that exhaust gases are recirculated until the air-vapor stream temperature is 45°F or less at the outlet. The difference between the temperature of the air-perc gas vapor stream entering and exiting the refrigerated condenser must be greater than or equal to 20°F (11.1°C). The temperature differential must be determined at least weekly with a thermometer with a temperature range of from 32°F (0°C) to 120°F (48.9°C) to an accuracy of ±2°F (1.1°C) (see 15 RCNY § 12-07).
(iii) Vapor adsorbers used when the machine has been retrofitted as a fourth generation machine must be operated to ensure that exhaust gases are recirculated at the temperature specified by the manufacturer for optimum adsorption.
(iv) Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods:
(A) Drained in the filter housing, before disposal, for no less than: 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. In performing such a transfer the filter housing must be closed as soon as possible to minimize vapor leaks. The general exhaust ventilation system must be operated during this activity.
(B) Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.
(v) All steam and condensing coils must be maintained to be free of lint and hard lint build-up on interior surfaces.
(vi) For dry cleaning equipment equipped with a door fan, the operator must use a portable velometer or equivalent measurement instrument to verify that the required 100 fpm inward air velocity is maintained through the effective door opening when the loading door is open. The inward air velocity must be checked on a weekly basis.
(vii) Test carbon absorber exhaust vents daily using colorimetric detector tubes or portable gas detectors. These absorbers shall be stripped periodically and maintained so that the perc concentration in the exhaust air does not exceed 20 ppm.
(3) Second Generation Machines.
(i) A vented machine operated with full-sized carbon adsorbers (dry-to-dry vented) that function during the drying cycle must meet the following requirements:
(A) Desorption must be performed at the frequency specified by the manufacturer or as specified by this clause, whichever is more stringent. The minimum frequency for desorption of full-size carbon units is as follows, each time all dry cleaning equipment exhausted to the device has cleaned a total of three pounds of articles for each pound of activated carbon. Desorption must be performed with the minimum steam pressure and air flow capacity specified by the manufacturer.
(B) Once desorption is complete, the carbon bed must be fully dried according to the manufacturer’s instructions.
(C) No perc vapors may bypass the carbon adsorber to the outdoor atmosphere at any time, nor be recirculated into the facility.
(D) The filter located in front of the carbon adsorber must be checked and cleaned weekly.
(E) For dry cleaning equipment in mixed-use settings, the carbon adsorber vent must be tested weekly using colorimetric detector tubes. Test results must be recorded on the checklist. Test results of five ppm or greater of perc will require an immediate stripping of the carbon adsorber.
(ii) Small external carbon adsorbers used for azeotropic control systems, must be stripped at least weekly when in use. If not in continuous daily use, adsorbers must be stripped after they have been used for ten days.
(A) Small external carbon adsorbers must be vented to outside the building and must not recirculate vapor into the facility.
(B) Small external carbon adsorbers used in mixed-use settings must be tested weekly using colorimetric detector tubes or equivalent measuring devices. Test results must be recorded on the inspection checklist. A test result of five ppm or greater of perc will require an immediate stripping of the carbon adsorber.
(iii) The exhaust damper of a vented machine must be completely closed when the machine is not being vented and must be repaired or replaced within five working days if malfunctioning.
(iv) Cartridge filters and adsorptive cartridge filters must be handled using one of the following methods:
(A) Drained in the filter housing, before disposal, for no less than 24 hours for cartridge filters and 48 hours for adsorptive cartridge filters. If the filters are then transferred to a separate device to further reduce the volume of perc, this treatment must be done in a system that routes any vapor to a primary closed-loop control system, with no exhaust to the atmosphere. In performing such a transfer the filter housing must be closed as soon as possible to minimize vapor leaks. The general exhaust ventilation system must be operated during this activity.
(B) Dried, stripped, sparged, or otherwise treated, within the sealed filter housing, to reduce the volume of perc contained in the filter.
(v) All water-cooled condensers must include temperature gauges installed in the inlet and outlet water lines of the condensing coil on the dryer. The temperature difference must be maintained according to manufacturer’s specifications.
(vi) Azeotropic control devices must be maintained and operated in accordance with manufacturer’s instructions and specifications.
(vii) Test carbon absorber exhaust vents daily using colorimetric detector tubes or portable gas detectors. These absorbers shall be stripped periodically and maintained so that the perc concentration in the exhaust air does not exceed 20 ppm.
(4) First generation machines. An existing facility with a transfer machine operating a full-sized carbon adsorber or azeotropic control device, and cartridge filters must meet the applicable requirements of paragraph (d)(3) of this section.
(5) Ancillary Equipment.
(i) All filter muck must be treated in a still or muck cooker, which routes perc-contaminated vapors to a condenser or other control device and recycles condenser vapors into the machine. Still or muck cooker emissions must not be vented into the facility. Any still or muck cooker must not be operated in a manner that exceeds 75 percent of its capacity or other alternate value recommended by the manufacturer. Any still or muck cooker must be cooled to 100°F (38°C) or less before being emptied or cleaned.
(ii) Button and lint traps must be cleaned each working day and the lint must be placed in a tightly sealed container. Whenever possible such operations must be performed so that the opening of such traps is done quickly with the local or general exhaust ventilation system operating to minimize perc emissions.
(iii) Perc-contaminated wastewater treatment units.
(A) Carbon filtration units – carbon cartridges must be replaced according to a schedule as specified by the manufacturer to assure an effluent quality that does not exceed 20 ppb perc.
(B) Evaporators – perc contaminated wastewater evaporators must be operated to ensure that no liquid perc or visible emulsion is allowed to vaporize.
(iv) Dip tanks and drying cabinets must be exhausted to maintain an inward air flow, and be maintained under negative pressure, to ensure that fugitive emissions will be no greater than 50 ppm. Vented emissions from dip tanks and drying cabinets must not exceed 20 ppm.
(6) The owner or operator of a dry cleaning system must maintain the following equipment as recommended by manufacturer’s specifications:
(i) hose and pipe connections, fittings, couplings, and valves;
(ii) door gaskets and seatings;
(iii) filter gaskets and seatings;
(iv) pumps;
(v) water separators;
(vi) muck cookers;
(vii) stills;
(viii) exhaust dampers;
(ix) diverter valves;
(x) cartridge filter housings;
(xi) drying sensors;
(7) Preparedness and prevention.
(i) All dry cleaning operations must be equipped with the following:
(A) adequate spill control equipment including sorbent materials, or alternative method for absorbing spills,
(B) vapor-proof containers for storing spill-contaminated material, and
(C) fire control equipment.
(ii) The facility owner must maintain aisle space to allow proper inspection of the dry cleaning equipment.
(iii) A reasonable supply of spare parts for repairing dry cleaning equipment must be available at the dry cleaning facility.
(8) All parts of the dry cleaning system including solvent containers where perc may be emitted to the atmosphere must be kept closed at all times except when access is required for proper operation and maintenance.
§ 12-09 Perc-Contaminated Wastewater Management.
Perc-contaminated wastewater generated by all new and existing facilities subject to this Rule must be managed as follows:
(1) Perc-contaminated wastewater that is discharged to the public sewer system must be treated by physical separation (water separator) and double carbon filtration, or an equivalent control which has been approved by the Department, which has been properly designed to assure an effluent quality that:
(i) is less than or equal to 20 ppb perc without perc evaporation; and
(ii) complies in all other respects to the requirements of chapter 19 of Title 15 of the Rules of the City of New York regulating the use of the public sewer system.
(2) Except as provided for by subparagraph (a)(1)(i) of this section, no person may discharge into the public sewer system any perc-contaminated wastewater or wastes resulting from dry cleaning processes including, but not limited to, still bottom or sludge residues, dirt, lint, soils, or any other deposits or residues extracted as a result of dry cleaning processes. The discharge into the public sewer system of filters or other filter media used in dry cleaning processes is prohibited.
(3) No person may discharge perc-contaminated wastewater to the surface or groundwaters within New York City except in compliance with the terms and conditions of a valid State Pollution Discharge Elimination Permit.
§ 12-10 Hazardous Waste Management.
(a) Any perc-contaminated wastes generated must be managed in accordance with Parts 370 through 376 of Title 6 of the Codes, Rules, and Regulations of the State of New York. Perc-contaminated wastewater must be handled as provided in 15 RCNY § 12-09.
§ 12-11 Emergency Response.
(a) Dry cleaning systems must be operated and maintained to ensure that perc releases are contained and do not migrate to sewer systems or groundwater.
(1) For existing dry cleaning equipment:
(i) floor drains and flooring in the vicinity of the equipment must be sealed so as to be impermeable to spills, or
(ii) temporary dikes, berms and containment devices must be placed in areas where spills are most likely to occur and procedures for preventing spill migration must be established and followed.
(2) For new dry cleaning equipment, a spill containment system must be installed under the equipment as specified in paragraph (a)(7) of 15 RCNY § 12-06. This spill tank shall be capable of holding 125% of the capacity of the largest perc tank or vessel that is part of the dry cleaning machine.
(1) The date, duration and nature of any malfunction, spill or incident of the dry cleaning system;
(2) The notification procedures; and,
(3) The corrective actions taken.
§ 12-12 Reporting and Recordkeeping.
(a) Operators of all dry cleaning facilities or their designees must record the following:
(1) The date, duration and nature of any malfunction, spill, incident, or emergency response at the facility as outlined in paragraph (d) of 15 RCNY § 12-11;
(2) The date of maintenance on any air cleaning component or exhaust system (such as the regeneration and/or replacement of the carbon in a carbon adsorber);
(3) The number of loads between regenerations, cleaning and replacement of lint filters and carbon adsorber pre-filters, repair or replacement of exhaust fans;
(4) The amount of activated carbon in carbon adsorbers (dry weight in pounds);
(5) The date of maintenance of drying sensors;
(6) The date and volume of any perc-contaminated hazardous waste shipments; and
(7) The dates of perc-contaminated wastewater treatment unit carbon cartridge replacement.
(1) The volume of perc purchased each month by the dry cleaning facility as recorded from perc purchases; if no perc is purchased during a given month then the owner or operator would enter zero gallons into the log;
(2) The owner or operator must perform the following calculation on the first day of every month:
(i) Sum the volume of all perc purchases made in each of the previous twelve months, as recorded in the log described in paragraph (1) above.
(ii) If no perc purchases were made in a given month, then the perc consumption for that month is zero gallons.
(iii) The total sum calculated is the yearly perc consumption at the facility.
(1) The dates when the dry cleaning system components are inspected for perceptible leaks as specified under the inspection and testing requirements, and the name or location of dry cleaning system components where perceptible leaks are detected;
(2) The date, time and colorimetric detector tube monitoring results as specified in 15 RCNY § 12-07, if a carbon adsorber is used for primary or secondary emission control;
(3) The date, time and temperature sensor monitoring results for refrigerated condensers, as specified in 15 RCNY § 12-07; and,
(4) The dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with the inspection and testing requirements in 15 RCNY § 12-07.
(1) The name and address of the owner or operator;
(2) The address (that is, physical location) of the dry cleaning facility;
(3) An estimation of the annual perc consumption;
(4) A description of the machines’ control devices;
(5) A statement verifying compliance with each applicable requirement under Title 40 of the Code of Federal Regulations subchapters 63.322, 63.323, and 63.324; and,
(6) A statement certifying that all information contained in the statement is accurate and true.
(1) The name and address of the owner or operator;
(2) The address (that is, physical location) of the dry cleaning facility;
(3) An estimation of the annual perc consumption;
(4) A description of the machines’ control devices;
(5) A statement verifying compliance with each applicable requirement under 40 C.F.R. Subchapters 63.322, 63.323, and 63.324; and,
(6) A statement certifying that all information contained in the statement is accurate and true.
§ 12-13 Equipment Testing and Certification.
(a) Prohibitions and requirements. The provisions of this section will be effective 60 days after the date that the first qualifying testing program is approved by the New York State Department of Environmental Conservation or its agent.
(1) Only the following kinds of dry cleaning equipment are permitted to be installed in perc dry cleaning facilities subject to this Rule: new closed-loop dry cleaning machines; converted dry cleaning machines; door fan systems; or, add-on secondary control systems which meet the design and performance standards in 15 RCNY § 12-06 and testing requirements of this section. Unless otherwise specified in this Rule, the dry cleaning equipment as manufactured and installed must comply in all respects with the unit upon which certification by the New York State Department of Environmental Conservation or its agent was based.
(2) Any manufacturer or vendor of any new closed-loop dry cleaning equipment that is to be installed in and used by a dry cleaning facility in New York City must apply for and receive certification from the New York State Department of Environmental Conservation or its agent that the equipment to be installed and operated complies in all respects with the performance standards and the testing requirements of Part 232 of Title 6 of the Codes, Rules, and Regulations of the State of New York. Such certification must include the operating parameters under which the equipment was tested to receive certification.
(3) It is unlawful for any person to sell, offer for sale, cause to be offered for sale, lease or represent new closed-loop dry cleaning equipment or any other machine or system described in paragraph (a)(1) of this section as one which can be used by a dry cleaning facility in New York City unless it has been certified by the New York State Department of Environmental Conservation or its agent.
(4) The contract of sale, lease, or use between the manufacturer or vendor and dry cleaning equipment user must contain, at a minimum, a provision stating that the manufacturer or vendor must, upon request, provide the user with a copy of the certification of the equipment by the New York State Department of Environmental Conservation or its agent, as required by § 232.13 of Title 6 of the Codes, Rules, and Regulations of the State of New York.
(5) The manufacturer or vendor must provide immediate notification to the Department of any generic design or functional defect discovered in the equipment. Such notice must include a detailed plan of the manufacturer’s or vendor’s remedy.
(6) After the certified dry cleaning equipment has been installed at the user’s facility, the manufacturer or manufacturer’s representative must supply at least a two-day training session to the purchaser or lessee. The training must include instruction on how to maintain and operate the dry cleaning machine. This requirement does not apply to add-on door fan systems designed to capture drum vapors when the door is open.
§ 12-14 Owner/Manager Operator and Inspector Training and Certification.
(a) Except for the conditions established in subdivision (b) and the effective date provisions of subdivision (f) of this subchapter, it is unlawful for any person to operate a dry cleaning facility subject to this Rule unless:
(1) the facility manager and/or owner has a current and valid Dry Cleaning Owner/Manager Certification; and
(2) the person operating the dry cleaning machine has a current and valid Dry Cleaning Operator Certification.
(1) upon start up for all operators of new dry cleaning facilities unless the facility Owner/Manager can demonstrate that compliance with this requirement poses an unreasonable burden because of the unavailability of scheduled training courses or testing facilities;
(2) three months for operators of all existing dry cleaning facilities that are in mixed-use locations and that contain transfer machines;
(3) six months for operators of all existing dry cleaning facilities in mixed-use locations that contain dry-to-dry vented machines but do not contain transfer machines;
(4) nine months for operators of all the rest of the existing dry cleaning facilities in mixed-use locations;
(5) twelve months for operators of all existing dry cleaning facilities in stand-alone locations that contain transfer machines;
(6) fifteen months for operators of existing dry cleaning facilities in stand-alone locations that contain dry-to-dry vented machines but do not contain transfer machines; and,
(7) eighteen months for operators of all the rest of existing dry cleaning facilities in stand-alone locations.
§ 12-15 Permits and Certificates.
(a) Alterations or Modifications to Existing Certificated Dry Cleaning Facilities Required by 15 RCNY § 12-05. Any person who owns or operates an existing perc dry cleaning facility which has a valid operating certificate and who is required to perform alterations or modifications in order to comply with the requirements of 15 RCNY § 12-05 shall submit to the Department by means of certified mail a copy of the same notice submitted to the New York State Department of Environmental Conservation in accordance with the requirements of § 232.5(a)(3) of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York.
§ 12-16 Compliance Inspections.
(a) Stand-alone dry cleaning facilities must be inspected at least annually, and mixed-use facilities must be inspected according to the following schedule:
(1) At least twice annually where any transfer or dry-to-dry vented equipment is operated; or
(2) At least annually where only non-vented equipment is operated.
(1) The inspector must be one of the following:
(i) a licensed professional engineer;
(ii) a registered architect; or
(iii) a certified industrial hygienist.
(2) Must possess a Dry Cleaner Owner/Manager certification in accordance with 15 RCNY § 12-14 and complete other appropriate training as specified by the New York State Department of Environmental Conservation on topics related to inspections.
(3) Must not be engaged in the sales or marketing of dry cleaning equipment. Must not be engaged in providing services to the dry cleaning industry. Employees of trade associations may not conduct inspections, but trade associations may solicit bids for performing inspections on behalf of their members.
(1) Make available upon request the most recent completed inspection reporting form to interested individuals for review on premises during normal business hours.
(2) If the inspection reveals a leak or malfunction, the facility must be repaired within the timeframes established in 15 RCNY § 12-07 and reinspected within one month.
§ 12-17 Equivalency.
Any person requesting that use of alternative equipment or procedures be considered as equivalent to the requirements under 15 RCNY § 12-06 shall make an application to the New York State Department of Environmental Conservation in accordance with the requirements of § 232.17 of Title 6 of the Codes, Rules, and Regulations of the State of New York and shall submit a copy of the New York State Department of Environmental Conservation’s equivalency determination to the Department.
§ 12-18 Posting Notice.
(a) The facility owner must post the notice required by § 232.18 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York in a conspicuous location in the dry cleaning facility to inform building tenants and/or customers of the substances (perc) used in the dry cleaning system and potential health effects associated with exposure to them.
(i) “Information about the hazardous chemical substance (perc) used at this dry cleaning facility can be found on the Material Safety Data Sheet, which may be read at www.nyc.gov/dep/drycleanermsds.”
(ii) “This facility is inspected and permitted by the Department of Environmental Protection. The Department of Environmental Protection permit number is ____________. The RTK ID # is ____________.”
(i) “The primary non-perc chemical substance used at this dry cleaning facility is ______________.”
(ii) “Detailed information about the primary non-perc chemical substance can be found on the Material Safety Data Sheet, which may be read at www.nyc.gov/dep/drycleanermsds.”
(iii) “This facility is inspected and permitted by the Department of Environmental Protection. The Department of Environmental Protection permit number is ____________. The RTK ID # where applicable is __________.”
§ 12-19 Enforcement.
Any person who is in violation of or fails to comply with any provision, standard, or requirement of this Rule or the terms and conditions of any permit issued pursuant to this Rule shall be subject to the issuance of notice(s) of violation and other enforcement action(s) pursuant to the provisions of the Administrative Code of the City of New York including, but not limited to, the payment of civil penalties and compliance with orders of the Environmental Control Board.
§ 12-20 Severability.
If any provision of this Rule or its application to any person or circumstance is held invalid, the remainder of this Rule, and the application of those provisions to persons other than those to which it is held invalid, will not be affected thereby.
Subchapter A: General Provisions
§ 14-01 Definitions.
Code. “Code” shall mean the Administrative Code of the City of New York.
Commissioner. “Commissioner” shall mean the commissioner of the New York City Department of Environmental Protection or his or her designee.
Nonroad engine. “Nonroad engine” shall mean an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under § 7411 or § 7521 of Title 42 of the United States code, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in any construction program or project.
Nonroad vehicle. “Nonroad vehicle” shall mean a vehicle powered by a nonroad engine, fifty horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, excavators, backhoes, cranes, compressors, generators, bulldozers, and similar equipment, except that this term shall not apply to horticultural maintenance vehicles used for landscaping purposes that are powered by a nonroad engine of sixty-five horsepower or less and that are not used in any construction program or project.
Ultra low sulfur diesel fuel. “Ultra low sulfur diesel fuel” shall mean diesel fuel that has a sulfur content of no more than fifteen parts per million.
Subchapter B: Use of Best Available Technology and Ultra Low Sulfur Diesel Fuel
§ 14-02 Best Available Technology Determination.
An engine that has been certified to meet the United States Environmental Protection Agency’s (“EPA”) Tier IV Exhaust Emission Standards is deemed to be using the Best Available Technology (“BAT”), and does not require additional retrofit technologies. EPA’s Tier IV Exhaust Emission Standards are described in Table 1 of the EPA`s Clean Air Nonroad Diesel Rule Fact Sheet, EPA420-F-04-032, May 2004, available at http://www.epa.gov/nonroaddiesel/2004fr/420f04032.htm. If an engine has not been certified to meet the Tier IV Exhaust Emission Standards, pursuant to § 24-163.3 of the Administrative Code, the BAT that must be utilized is one of the following, provided, that this technology shall achieve the greatest reduction in emissions of particulate matter and shall in no event result in an increase in the emissions of either particulate matter or nitrogen oxides:
Category I (a) Any properly installed and functioning system utilizing a Diesel Particulate Filter (“DPF”) that primarily reduces emissions of particulate matter (“PM”), demonstrating an 85% or greater reduction in PM, and secondarily nitrogen oxide (“NOx”) that appears on either the United States Environmental Protection Agency (“EPA”) or the California Air Resources Board (“CARB”) verified lists at http://www.epa.gov/otaq/retrofit/verif-list.htm and http://www.arb.ca.gov/diesel/verdev/background.htm for onroad or nonroad engines.
Category I (b) Any properly installed DPF from either the EPA or CARB verified lists.
Category I(c) A filter that has undergone the Verminderung der Emissionen Realer Dieselmotoren im Tunnelbau (“VERT”) test procedure and appears as approved for continuous use on the VERT list maintained by http://akpf.org/pub/vert__filterliste.pdf or similar test procedures to those conducted by EPA/CARB and has demonstrated an 85% or greater reduction in emissions of PM.
Category II Any properly installed and functioning system utilizing a Flow through Filer (“FTF”) that primarily reduces emissions of particulate matter (“PM”) and secondarily nitrogen oxide (“NOx”) that appears on either the verified lists for onroad or nonroad engines or any properly installed FTF on the verified list and that produces the greater PM reduction but not less than a 50% reduction in PM.
Category III Any properly installed and functioning system utilizing a Diesel Oxidation Catalyst (“DOC”) or any emulsified diesel fuel that appears on either the EPA or CARB verified lists for onroad or nonroad engines that produces not less than a 25% reduction in FM. Fuel technologies must be compatible with the use of ultra low sulfur diesel fuel.
§ 14-03 Method of Best Available Technology Selection.
(a) Any contractor or agency operating a type of nonroad vehicle must select the appropriate BAT for use with such type of nonroad vehicle. For each type of nonroad vehicle subject to the BAT requirement, the contractor or agency operating such type of vehicle must identify, in list form, all types of pollution control technology devices that qualify as BAT in Category I for such nonroad vehicle.
§ 14-04 Best Available Technology Selection Applicability.
(a) The BAT listed in this subchapter may be amended, superseded, or repealed at any time. However, no contractor or agency will be required to replace a selected BAT within three years of first using such BAT on any nonroad vehicle.
§ 14-05 Use of Ultra Low Sulfur Diesel Fuel.
All nonroad vehicles subject to this rule must be powered by ultra low sulfur diesel fuel, regardless of which BAT is selected, unless the Commissioner has issued a written determination pursuant to subdivision i of § 24-163.3 permitting the use of diesel fuel that has a sulfur content of no more than thirty parts per million.
§ 14-06 Public Works Contracts.
Any contractor acting pursuant to a public works contract that is subject to the provisions of paragraph four of subdivision f of § 24-163.3, but not paragraph one or three of such subdivision, shall comply with this subchapter and subchapters A and C of this chapter as of June 19, 2005.
Subchapter C: Waiver Procedures
§ 14-07 Application for Approval of a Written Finding of Unavailability.
(a) If the BAT required for any nonroad vehicle is unavailable, an agency may submit a Written Finding of Unavailability for the Commissioner's approval. Any application for approval of a Written Finding of Unavailability for the applicable BAT must contain the following information:
(1) The name of the agency applying for approval of the Written Finding of Unavailability;
(2) The name and identification number of the subject contract, if applicable;
(3) Identification of the specific nonroad vehicle that is the subject of the Written Finding of Unavailability;
(4) Identification of the required BAT;
(5) An explanation as to why the applicable BAT is unavailable. Such explanation must include all documentation generated in the BAT selection process described in this chapter;
(6) Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on the EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BAT.
(7) The name and contact number of the applicant.
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373
§ 14-08 Application for a Safety Waiver.
(a) Any application for a waiver from the applicable BAT must contain the following information:
(1) If a contractor applies, the name of the contractor applying for the waiver and the agency to which the contractor is under contract;
(2) If an agency applies, the name of the agency applying for the waiver;
(3) The name and identification number of the subject contract, if applicable;
(4) Identification of the specific nonroad vehicle that is the subject of the waiver request;
(5) Identification of the required BAT;
(6) A technical explanation as to why use of such Best Available Technology may endanger the operator of the vehicle or those working near the vehicle, due to engine malfunction;
(7) Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BAT;
(8) The name and contact number of the applicant.
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373
Subchapter A: General Provisions
§ 15-01 Definitions.
Best available retrofit technology. “Best available retrofit technology” shall mean a technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in 15 RCNY § 15-04, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
CARB. “CARB” shall mean the California Air Resources Board.
City agency. “City agency” shall mean a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
Code. “Code” shall mean the Administrative Code of the City of New York.
Commissioner.”Commissioner” shall mean the Commissioner of the New York City Department of Environmental Protection or her designee.
Department. “Department” shall mean the Department of Environmental Protection.
EPA. “EPA” shall mean the United States Environmental Protection Agency.
Gross vehicle weight rating. “Gross vehicle weight rating” shall mean the value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.
Motor vehicle. “Motor vehicle” shall mean a vehicle operated or driven upon a public highway that is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability, provided, however, that this term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff’s office of the department of finance, police department or fire department.
Person. “Person” shall mean any natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
Reasonable cost. “Reasonable cost” shall mean that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in 15 RCNY § 15-04, when considering the cost of the strategies, themselves, and the cost of installation.
Ultra low sulfur diesel fuel. “Ultra low sulfur diesel fuel” shall mean diesel fuel that has a sulfur content of no more than fifteen parts per million.
Editor’s note: The amendment from City Record 3/15/2017 purported to add definitions of “CARB” and “EPA” to 15 RCNY § 15-04, but the new definitions were added here at the discretion of the edtior.
Subchapter B: Use of Best Available Retrofit Technology and Ultra Low Sulfur Diesel Fuel
§ 15-02 Best Available Retrofit Technology Determination.
Pursuant to section 24-163.4 of the Code, any diesel fuel-powered motor vehicle having a gross vehicle weight rating of more than 8,500 pounds that is owned or operated by a City agency must utilize the Best Available Retrofit Technology (“BART”), as defined in 15 RCNY § 15-01. In making their selections, agencies are directed to consult the EPA and CARB verified lists at http://www.epa.gov/ otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/back-ground.htm.
City agencies must select BART for their diesel fuel-powered motor vehicles in accordance with 15 RCNY § 15-05. City agencies must notify the Department of their selections, and the Department will make a determination as to whether the BART selected may be utilized for the vehicle, engine and application for which it was selected. The Department will notify the selecting agency of its determination. City agencies are not required to select BART for their diesel fuel-powered motor vehicles in the following circumstances:
§ 15-03 Motor Vehicles That Are Not Subject to BART.
Any diesel fuel-powered motor vehicle having a gross vehicle weight rating of more than 8,500 pounds that is owned or operated by a City agency and that is equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, shall not be required to utilize the BART as defined in 15 RCNY § 15-01.
§ 15-04 Classification Levels.
Level IV Any Diesel Particulate Filter (DPF) or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Level III Any DPF or Diesel Oxidation Catalyst (DOC) or Catalyzed Wire Mesh Filter (CWMF) or other technology or combination of technologies verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 50 and 84 percent.
Level II Any DOC or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 25 and 49 percent.
Level I Any DOC or emulsified diesel fuel or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 20 and 24 percent.
§ 15-05 Selection Process.
(a) For each type of motor vehicle subject to the BART requirement, the City agency operating such vehicle must identify, in list form, all types of pollution control technology devices verified for such motor vehicle at classification Level IV.
§ 15-06 Best Available Retrofit Technology Selection Applicability.
No City agency shall be required to replace a selected BART or an experimental technology within three years of having first utilized such technology. Furthermore, no City agency shall be required to replace Level IV technology until it has reached the end of its useful life.
§ 15-07 Use of Ultra Low Sulfur Diesel Fuel.
All motor vehicles owned or operated by a City agency must be powered by ultra low sulfur diesel fuel unless the Commissioner has issued a written determination pursuant to subdivision (e) of section 24-163.4 of the Code, or a waiver pursuant to subdivision (f) of section 24-163.4 of the Code.
§ 16-01 Scope and Purpose.
The following rules (the “Rules”) apply to all recreational uses of City Property, as defined herein, in the counties of Delaware, Dutchess, Greene, Putnam, Schoharie, Sullivan, Ulster, and Westchester. These Rules promote New York City’s goal of allowing recreational use and enjoyment of its City Property. Additional information about recreational use opportunities is available from the New York City Department of Environmental Protection (as defined below, the “NYCDEP”) offices and on the NYCDEP website at www.nyc.gov/dep.
§ 16-02 Definitions.
All capitalized terms have the same meaning as in the New York State Environmental Conservation Law (“ECL”) unless defined differently herein as follows:
(m)Group Access Permit. “Group Access Permit” means an valid instrument of registration and permission for groups to temporarily access certain City Property that requires an Access Permit for Recreational Use without each member having to obtain an individual Access Permit, as further described in 15 RCNY § 16-06.
(aa) Recreational Areas. “Recreational Areas” means Public Access Areas, Day Use Areas, Access Permit Areas, Fishing Boat Areas, and Recreational Boating Areas
(bb) Recreational Boats. “Recreational Boats” means vessels that may be used in Recreational Boating Areas and stored on adjacent City Property for Recreational Uses, as further described in 15 RCNY § 16-10.2(b)(1).
(dd) Recreational Boating Area. “Recreational Boating Area” means a location designated by NYCDEP within the Cannonsville, Neversink, Pepacton and Schoharie Reservoirs that is available for use of Recreational Boats.
(ee) Recreational Uses. “Recreational Uses” means activities on City Property that, in the sole discretion of NYCDEP, do not pose a potential adverse impact to natural resources, water quality or security, and includes, without limitation, the following activities: Hunting, Hiking, Fishing, Trapping, paddling, exercising, bird watching, nature observation, sightseeing, cross country skiing, snowshoeing, and nature photography.
(ff) Reservoir. “Reservoir” means any natural or artificial impoundment of water owned or controlled by the City which is tributary to the City Water Supply system.
(gg) Restricted Area. “Restricted Area” means any area in which public access is not allowed.
(hh) Small Game. “Small Game” means upland and migratory game birds, small game mammals (e.g., squirrel, rabbit), furbearers (e.g., fox, coyote), and reptiles and amphibians.
(jj) Tag. “Tag” includes Vehicle Tags, Recreational Boat Tags and Fishing Boat Tags.
(kk) Trapping. “Trapping” means taking, killing and capturing wildlife with traps, deadfalls and other devices commonly used to take wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting or staking such traps, deadfalls and other devices whether they result in taking or not, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, deadfalls or other devices.
(ll) Vehicle Tag. “Vehicle Tag” means a valid instrument of permission issued in support of an Access Permit for the purpose of allowing visitors to park a vehicle on City Property while accessing City Property for Recreational Use, as further described in 15 RCNY § 16-04.2.
(nn) Water Supply. “Water Supply” means the New York City public water supply system, and includes all Watercourses, wetlands, Reservoirs, Reservoir stems and Controlled Lakes tributary thereto.
(oo) Watercourse. For the purposes of these Rules, a “Watercourse” means a visible path through which surface water travels on a regular basis, including an intermittent stream, which is tributary to the Water Supply.
(pp) Watershed. “Watershed” or “New York City Watershed” means the land area contributing surface water to the New York City Water Supply.
Subchapter A: Open Access Areas
§ 16-03.1 Public Access Areas
Public Access Areas (PAA) are those locations designated for public use without the need for a Access Permit. NYCDEP may, in its discretion, designate portions of City Property as PAAs. PAAs are located on City Property that is not adjacent to Water Supply facilities such as Reservoirs or Controlled Lakes.
§ 16-03.2 Day Use Areas.
Day Use Areas (DUAs) are those locations on City Property designated for public use without the need for a NYCDEP Access Permit. These areas may be near Water Supply facilities and usually have some improvements. DUAs may or may not have management agreements with local municipalities.
§ 16-03.3 Special Event Areas.
Special Event Areas (SEA) are those locations on City Property designated for public use during a NYCDEP-sponsored event without the need for a NYCDEP Access Permit.
§ 16-04 Access Permit Areas.
Access Permit Areas (APAs) are those areas that require a valid NYCDEP Access Permit and Vehicle Tag for entry. NYCDEP may, in its discretion, designate portions of City Property as APAs that may be entered and used by the public for Recreational Uses with the requirement of having a valid NYCDEP Access Permit and Vehicle Tag.
§ 16-04.1 Access Permit.
(a) Application. The Access Permit application will be available for download or completion on the NYCDEP website and for pick-up at certain NYCDEP facilities in New York City, NYCDEP offices throughout the Watershed and such other locations as indicated on the NYCDEP website. No application fee is required.
(1) Applicant’s name, mailing address, phone number, electronic mail address, and date of birth;
(2) Applicant’s gender, height, eye color and hair color;
(3) Applicant’s driver’s license number and state of issuance, or non-driver’s identification number and state of issuance, or IDNYC identification card, or any valid passport, or any school-issued identification;
(4) Acknowledgement of risks and waiver of liability;
(5) Applicant’s signature and date of signature;
(6) Parent or legal guardian’s signature and date of signature if applicant is between 16 and 17.
Information provided will be maintained by NYCDEP for agency purposes only.
Persons aged 16 and 17 are eligible to apply for an Access Permit and must have the written consent of their parent or legal guardian indicated on their Access Permit application to obtain an Access Permit. Persons aged 16 and 17 years old who obtain a valid Access Permit may enter City Property for Recreational Activities without an adult.
An Access Permit issuance letter and Access Permit shall be generated and mailed with the corresponding Vehicle Tag generally within two weeks of receipt, except in unusual circumstances, directly to the address submitted on the application.
Addresses on any mailings returned to NYCDEP as undeliverable by the USPS will be verified for accuracy and re-mailed if necessary. Applicants are responsible for maintaining current, accurate contact information with NYCDEP. NYCDEP is responsible for USPS delivery errors or lost mail.
(1) Incomplete or illegible application;
(2) Failure to meet application eligibility requirements;
(3) Submission of false information.
§ 16-04.2 Vehicle Tag.
All vehicles parked on City Property for Recreational Uses other than at DUAs and PAAs must have the driver’s valid Vehicle Tag prominently displayed in their vehicle so that it is visible from the front of the vehicle.
§ 16-05 Guest Pass.
Guest Passes are for temporary access for the Recreational Use of certain City Property. Guests may participate in all Watershed recreational opportunities while accompanied by a person who has a valid Access Permit. A Guest Pass cannot be used to obtain a Fishing or Recreational Boat Tag. Access Permit holders are responsible for their Guests and must ensure their Guests follow all Recreational Rules.
(1) Guest’s name, mailing address, phone number, electronic mailing address, and date of birth;
(2) Guest’s gender, height, eye color and hair color;
(3) Guest’s driver’s license number and state of issuance, or non-driver’s identification number and state of issuance, or IDNYC identification card, any valid passport or any school-issued identification;
(4) Acknowledgement of risks and waiver of liability;
(5) Guest’s signature and date of signature;
(6) Parent or legal guardian’s signature and date of signature if Guest is under 18.
(1) Guests must fully complete the Guest Pass and carry it with them at all times while on City Property.
(2) Guests must produce their Guest Pass and identification upon request of any law enforcement officer or NYCDEP representative.
(3) All Guests must be accompanied at all times while on City Property by the valid Access Permit holder sponsoring the Guest. Access to City property by a Guest unaccompanied by the sponsor Access Permit holder constitutes trespass. The sponsoring Access Permit holder may sponsor and accompany up to 6 Guests at any one time on City Property.
(4) Guests must comply with these Rules.
(5) Guest Passes cannot be used to obtain a Fishing or Recreational Boat Tag.
§ 16-06 Group Access Permit.
Group Access Permits of limited duration are available for Groups of between 7 and 30 individuals to conduct such activities as would normally be available to individual Access Permit holders and will be issued in writing if approved by NYCDEP. Groups larger than 30 people are not permitted. Any individual members of a Group accessing NYCDEP land pursuant to a Group Access Permit must possess all applicable NYSDEC hunting, fishing and trapping licenses as required by the NYSDEC Environmental Conservation Law.
(1) Application date;
(2) Group name and address;
(3) Group Leader’s name, date of birth, address, primary telephone, electronic mail address, driver’s license or non-driver’s identification number and state of issuance, any valid passport or IDNYC identification card;
(4) Signed and dated statement by Group Leader accepting all responsibility for Group and Group Member activity and safety while on City Property and indemnifying the City of New York, as well as waiver of liability and acknowledgement of risk for Group Leader and Group Members, with parent or guardian signature for those under 18 years of age;
(5) Description of the purpose for which the Group is applying for access;
(6) Date(s) and duration(s) for which the Group is seeking access;
(7) Location of City Property for which Group access is being requested, including township, adjacent roadways, and description of intended entrance and exit points;
(8) Names, ages, addresses and telephone numbers of up to twenty-nine Group Members in addition to the Group Leader;
(1) Completeness of the application;
(2) Consistency of proposed use with allowable activities;
(3) Eligibility of Group or Group Leader to receive an Access Permit;
(4) Availability and public access status of City Property proposed for use;
(5) Consistency with water quality protection, Water Supply security, strong neighborhood relations, and available City resources;
(6) Compatibility with the City’s land management goals;
(7) Compatibility with existing uses, rights, easements, or facilities requirements on the portion of City Property for which Group access is requested.
(1) Access to City Property by the Group is only allowed for the dates, locations and Group Members stated on the approved Group Access Permit;
(2) Use of City Property by the Group is only permitted for those uses stated on the approved Group Access Permit;
(3) The Group Leader must carry the approved Group Access Permit or a legible photocopy of the permit at all times while on City Property;
(4) Group Members must be accompanied by a Group Leader at all times while on City Property;
(5) All vehicles used by the Group to access City Property must be identified by a photocopy of the approved Group Access Permit in or on the vehicle such that it is clearly visible from the exterior front of the vehicle.
Subchapter B: Recreational Activities
§ 16-07 Fishing.
(a) Fishing Activities. Fishing is allowed consistent with NYSDEC regulations. A valid NYSDEC fishing license is required.
(1) Waterproof waders must be used when entering Reservoirs or Controlled Lakes for the purposes of Fishing. Due to the potential threat of invasive species being transferred from waders into the NYC Water Supply, NYCDEP reserves the right to restrict the use of certain types of waders and/or prohibit use on City Property. A list of waders and/or boots prohibited for use, if and when determined, shall be posted on the NYCDEP website. As an alternative to prohibition of certain waders, NYCDEP may require waders be cleaned as per NYCDEP guidelines, if and when such guidelines are developed.
(2) Temporary, portable, fabric fishing shelters and windbreaks may be used for ice fishing on City Property. Shelters must contain the occupant’s name, telephone number and Access Permit number. Wood or metal shelters are not permitted.
(3) Ice fishing equipment, including fabric fishing and shelters and windbreaks, must remain within view of the equipment owner and must be removed from City Property by the occupant when not in use or at the end of each day, whichever is sooner.
(4) Use of float tubes or inflatable waders is prohibited in Reservoirs or Controlled Lakes.
(5) Motorized fishing equipment is prohibited on City Property, including but not limited to gasoline or propane-powered motors or ice augers except as allowed in 15 RCNY § 16-07(g)(6).
(6) Electric ice augers with rechargeable batteries contained within the auger housing or hand-held power drills to power ice augers may be used. Small 12-volt sealed batteries may be used for portable fish finders. No automotive-type batteries are allowed on City Property.
(7) Propane bottles to heat portable heating units or ice augers are not allowed for use on Reservoirs or Controlled Lakes.
§ 16-08 Hunting.
(a) Hunting Activities. Hunting is allowed consistent with applicable NYSDEC regulations.
(1) The use of screws, nails or foot pegs in trees on City Property is prohibited.
(2) Tree stands, Hunting blinds and trail cameras may be placed on City Property up to two weeks prior to the opening of the archery deer Hunting season.
(3) Hunters may leave tree stands, Hunting blinds and trail cameras on City Property at their own risk on a first-come, first-served basis during Big Game Hunting seasons.
(4) Any tree stand, Hunting blind or trail camera on City Property must be clearly and legibly labeled with the user’s name, Access Permit number (if applicable) and telephone number.
(5) Tree stands, Hunting blinds and trail cameras must be removed from City Property by midnight of the last day of the Big Game Hunting season.
(6) Tree stands, Hunting blinds and trail cameras unlabeled or left on City Property after Big Game Hunting season are subject to confiscation and disposal by NYCDEP pursuant to 15 RCNY § 16-12(e).
§ 16-09 Hiking.
(a) Hiking Activities. Hiking activities permitted are: foot travel including Hiking, walking, running, cross-country skiing, snowshoeing, bird watching, nature observation, and photography.
Subchapter C: Boats
§ 16-10.1 Fishing Boats.
People with valid Access Permits may fish on City Property from Fishing Boats with valid Fishing Boat Tags in accordance with the following Rules.
(1) Fishing Boats used after sunset must have a device (e.g. headlamp, flashlight, or lantern) at the ready capable of producing a white light, which must be temporarily exhibited in sufficient time to prevent collision. Fishing Boats users must wear U.S. Coast Guard approved wearable personal flotation devices after sunset.
(1) Applicant’s valid Access Permit number;
(2) Applicant’s name, mailing address, phone number, electronic mail address, if available, and date of birth;
(3) Boat make, model, serial number, color, width, length, material, and hull shape;
(4) Designated Open Boat Storage Area requested;
(5) Applicant’s acknowledgement of risk and waiver of liability;
(6) Applicant’s acknowledgement and acceptance that NYCDEP or its designee has the right to allocate storage space for the Fishing Boat in accordance with 15 RCNY § 16-10.1(v); confiscate and store a Fishing Boat that NYCDEP determines is in violation of these regulations; to dispose of the Fishing Boat in accordance with 15 RCNY § 16-10.3; waives any right to assert a claim against NYCDEP and/or its designee or hold either liable under any circumstances including, but not limited to, damage to, or loss of, a boat or accessories such as, but not limited to, chains, locks and oars during its confiscation, storage or disposition.
(7) Applicant’s signature and date of signature; and
(8) Parent or legal guardian’s signature and date of signature if applicant is under 18.
(1) With express written permission from NYCDEP as provided for in 15 RCNY § 16-12(j), an organization that implements boat-sharing among its members, with a valid NYCDEP Access Permit, may be eligible to receive a Fishing Boat Tag for each of its Fishing Boats.
(i) Organizations must submit a request for DEP to review and approve a boat-sharing program. The organization shall appoint a responsible party who shall be NYCDEP’s main point of contact and responsible for each Fishing Boat Tag issued in the organization’s name.
(1) The Fishing Boat owner must submit the completed Fishing Boat Tag application in person or via the NYCDEP website, when available.
(2) Access Permit data on file shall be confirmed with the applicant. This information shall include contact information and Access Permit status.
(3) Boat type, shape, size, color, make, model, serial number, absence of possible contaminants, boat condition (i.e. peeling paint) and apparent seaworthiness shall be confirmed and entered into the file.
(4) Boats and equipment will be steam cleaned by NYCDEP or its designee on all surfaces to remove any possible Water Supply contaminants such as zebra mussel larvae.
(5) A unique Fishing Boat number will be assigned and affixed to the boat by NYCDEP.
(6) Upon completion of the boat cleaning and processing appointment, the Fishing Boat owner shall be given a Reservoir map and/or directions to the designated Open Boat Storage Area and must immediately place the registered Fishing Boat at the assigned Open Boat Storage Area.
(7) Fishing Boat owners may be restricted from placing their Fishing Boat in certain Boat Storage Areas, as determined by NYCDEP. A Fishing Boat owner may submit a Waiting List application to NYCDEP which shall maintain and utilize such list as described in 15 RCNY § 16.10.1(v)(1)(ii) below.
(1) Incomplete application;
(2) Failure to meet application eligibility requirements;
(3) Submission of false information;
(4) Illegible application; and/or
(5) Failure of Fishing Boat to meet inspection and cleaning standards;
Rejected applications will be returned immediately to the applicant, accompanied by an explanation of the reason(s) for rejection, and an opportunity provided for the immediate resubmission of the corrected application, if applicable. Within 10 days of applicant’s receipt of NYCDEP’s rejection notification, the applicant may send an appeal of NYCDEP’s refusal to issue a Fishing Boat Tag to the NYCDEP Deputy Chief of City Land Stewardship. Such appeal must include any relevant information pertaining to the basis for the refusal. Upon examination of the circumstances and generally within two weeks of receipt, the NYCDEP Deputy Chief City Land Stewardship will either uphold the refusal or revise NYCDEP’s prior decision and issue a Fishing Boat Tag upon such terms and conditions as may be appropriate. The applicant will be notified of NYCDEP’s determination in writing.
(1) NYCDEP will issue and mail a new Fishing Boat Tag and other materials to the accepted Boat Purchaser at the address on file, generally within 2 weeks of the Boat Purchaser’s Fishing Boat Tag application if the new Fishing Boat will be placed in an Open Boat Storage Area. New Fishing Boat Tags will not be issued in Closed Boat Storage Areas.
(2) The new Fishing Boat Tag issued to the Boat Purchaser will supersede any prior Fishing Boat Tag issued for the Fishing Boat, including the Boat Seller’s Fishing Boat Tag which is null and void upon the Fishing Boat’s transfer to the Boat Purchaser. The Boat Purchaser must remove any prior Fishing Boat Tag(s). The Fishing Boat Tag issued to the Boat Purchaser must be affixed in accordance with 15 RCNY § 16-10.1(q) above.
NYCDEP may grant a Fishing Boat Tag holder a storage space in either a:
(1) Closed Boat Storage Area: a Boat Storage Area designated by NYCDEP that requires protection to prevent damage to City Property such as erosion, soil compaction or loss of vegetation. The number of Fishing Boats stored in a Closed Boat Storage Area may not exceed the number of Fishing Boats NYCDEP reasonably determines as the limit for that area, in view of conditions in and around such area. Fishing Boat owners may request to be on a Waiting List, described below, to store his or her Fishing Boat in a Closed Boat Storage Area. Provided the Fishing Boat owner remains in good standing and has resolved any violation of these regulations to NYCDEP’s satisfaction, upon submission of a renewal for a Fishing Boat Tag that was previously assigned to a Closed Boat Area, NYCDEP will assign the same Fishing Boat to the Closed Storage Area it is located in provided the Fishing Boat has not been transferred to a new owner since the prior Fishing Boat Tag was issued by NYCDEP.
(i) If a Fishing Boat Owner transfers ownership of a Fishing Boat that is stored in a Closed Boat Storage Area, the Boat Purchaser must remove the Fishing Boat from the Closed Boat Storage Area. The Boat Purchaser may submit a Fishing Boat Tag application to store the boat in an Open Boat Storage Area on the same Reservoir. If there is no Open Boat Storage Area on that Reservoir, the Boat Purchaser must remove the Fishing Boat from City Property. The Boat Purchaser may submit a Fishing Boat Tag application to place the Fishing Boat in an Open Boat Storage Area on another Reservoir and, in addition, may submit a Waiting List Application for a Reservoir with a Closed Boat Storage Area.
(ii) Waiting List: NYCDEP will maintain and utilize a Waiting List for each Reservoir with a Closed Boat Storage Area in order to allocate Fishing Boat storage spaces in such areas. A person may request to be placed on a Reservoir’s Closed Boat Storage Area Waiting List by requesting a Waiting List application from NYCDEP or its designee, completing the Waiting List application, and returning it to NYCDEP either by mail or in person. NYCDEP will place the name on the Waiting List based upon the order in which the completed Waiting List application was received except that a Fishing Boat owner who has exceeded the boat limits established by NYCDEP pursuant to 15 RCNY § 16-10.3(7) will not be placed on a Waiting List.
(2) Open Boat Storage Area: a Fishing Boat storage area designated by NYCDEP that has suitable storage space as determined by NYCDEP for a Fishing Boat with a Fishing Boat Tag without overcrowding or damaging City Property. NYCDEP will assign each applicant who receives a Fishing Boat Tag a storage space in an Open Boat Storage Area on the requested Reservoir, if available. If there is no Open Boat Storage Area on the requested Reservoir, the applicant may submit a Waiting List application as described in 15 RCNY § 16-10.1(v)(1)(i) and (ii) above.
A Fishing Boat owner may request a change of an assigned Boat Storage Area for their Fishing Boat on the same water body once per calendar year by contacting NYCDEP. NYCDEP will grant a change of an assigned Boat Storage Area provided that the requested Boat Storage Area is open to additional Fishing Boats.
Where manufactured hitching posts, stanchions or boat racks are supplied and have available space, a Fishing Boat must be secured to them. A Fishing Boat must not be stored on or against other stored Fishing Boats, as this may make some Fishing Boats inaccessible to their owners.
A Fishing Boat must not be stored leaning against a tree unless there is no space available on a hitching post or other securing mechanism as provided by NYCDEP. Storage against a tree must be in a manner that does not damage the tree or may result in the boat being blown over into a hull-down position. A Fishing Boat must not be secured to a dead tree or a tree marked with blue paint by NYCDEP.
Improper stored boats may be subject to removal by NYCDEP or Access Permits holders may be subject to the penalties in 15 RCNY § 16-15.
A Fishing Boat owner may store on site such fishing equipment as may be secured under their overturned, stored Fishing Boat. Equipment or items left on City Property and not secured under a Fishing Boat is subject to NYCDEP confiscation and disposal. A Fishing Boat owner is encouraged to secure their stored Fishing Boat to reduce the possibility of theft and scattering. Improper stored boats may be subject to removal by NYCDEP or Access Permits holders may be subject to the penalties in 15 RCNY § 16-15.
(aa) Loaning a Fishing Boat. Fishing Boats with a valid Fishing Boat Tag may be loaned to other valid Access Permit holder(s) with written permission from the Fishing Boat owner, which includes the term of the loan. The person being loaned the Fishing Boat must carry such written permission while using the Fishing Boat.
§ 16-10.2 Recreational Boats.
Recreational Boating is allowed on the Cannonsville, Neversink, Pepacton and Schoharie Reservoirs in NYCDEP designated Recreational Boating Areas and in NYCDEP’s discretion. The Recreational Boating Areas may be entered and used for Recreational Boating by persons with valid Access Permits and Recreational Boating Tags as provided in these Rules. Recreational Boating Areas and launch sites will be designated by NYCDEP on sign postings, on the NYCDEP website, on NYCDEP maps, and/or in other publications and notices available from NYCDEP and at local sporting outfitters.
(1) Eligibility. Boats eligible for Recreational Boat Tags include but are not limited to canoes, sculls, metal jonboats, rowboats and kayaks that measure no less than 9 feet in length. Inflatable boats, collapsible boats, swim and paddle boards, stand up kayaks, kayaks with pedal drive systems and or sails, sailboats and motorized boats are prohibited. NYCDEP may, at its discretion, add to or delete from the list of boats eligible for Recreational Boat Tags. Changes to the list will be designated by NYCDEP on sign postings, on the NYCDEP website, on NYCDEP maps, and/or in other publications and notices available from NYCDEP and at local sporting outfitters.
(2) Term. Seasonal Recreational Boat Tags will be valid for the full season as defined in subparagraph (a) of this section. NYCDEP, at its discretion, may issue a temporary tag valid for 1 to 7 days. Recreational Boat Tags only remain valid so long as the boat owner’s Access Permit is valid. Recreational Boat Tag holders with an expired, suspended or revoked Access Permit may not use their Recreational Boat.
(3) Application. Recreational Boat Tag applications will be available at the same locations as Access Permit applications, including the NYCDEP website, and will also be available at vendors/designees as approved by NYCDEP for processing Recreational Boats for use in Recreational Boating Areas.
(4) Required Information. A Recreational Boat Tag application requires the following information:
(i) Applicant’s valid Access Permit number;
(ii) Applicant’s name, mailing address, phone number, electronic mail address, if available, and date of birth;
(iii) Boat make, model, color, width, length, material, and hull shape and if known, serial number;
(iv) Selection of Recreational Boat Tag term;
(v) Applicant’s acknowledgement of risk and waiver of liability;
(vi) Applicant’s acknowledgement and acceptance that NYCDEP or its designee has the right to confiscate and store a boat that NYCDEP determines is in violation of these regulations and to dispose of the boat in accordance with 15 RCNY § 16-10.3; waives any right to assert a claim against NYCDEP and/or its designee or hold either liable under any circumstances for damage to, or loss of, a boat or accessories such as, but not limited to, chains, locks and oars during its confiscation, storage or disposition.
(vii) Applicant’s signature and date of signature; and
(viii) Parent or legal guardian’s signature and date of signature if the applicant is aged 16 or 17.
(5) Boat Processing, Registration, Steam Cleaning and Recreational Boat Tag Issuance. Recreational Boat Tag applications may be completed in advance of submission, except for the portions which must be completed when the boat is registered, steam cleaned and placed on the Reservoir. Prior to entering Recreational Boating Areas, all Recreational Boats and equipment (i.e. anchors, anchor lines, paddles, etc.) must be steam cleaned by one of NYCDEP’s designees at the appropriate office as listed on the NYCDEP website. Recreational Boat Tags cannot be transferred from one person to another.
Where manufactured hitching posts, racks and/or stanchions are supplied by NYCDEP and have available space, a Recreational Boat must be secured to one of them. NYCDEP may also designate certain locations within the Boat Storage Areas for Recreational Boat Storage, which will be delineated at the storage area by NYCDEP.
A Recreational Boat may not be stored on or against another stored boat. A Recreational Boat must not be stored leaning against a tree unless there is no space available on a hitching post or other securing mechanism as provided by NYCDEP. Storage against a tree must be in a manner that does not damage the tree or may result in the boat being blown over into a hull-down position. A Recreational Boat must not be secured to a dead tree or a tree marked with blue paint by NYCDEP.
A Recreational Boat must be stored, at the owner’s risk, in the vicinity of the Recreational Boating Area’s launch sites above the High Water Mark back from the shoreline so as not to obstruct access to the water, and in a hull up (upside down) position so as not to collect water.
To prevent the creation of insect breeding grounds in water-filled Recreational Boats, each Recreational Boat must, except as provided in this subdivision, be stored hull up (upside down) and flat against the ground at all times.
A Recreational Boat owner may store on site such boating equipment as may be secured under their overturned, stored Recreational Boat. Equipment or items left on City Property and not secured under a Recreational Boat is subject to NYCDEP confiscation and disposal. A Recreational Boat owner is encouraged to secure their stored Recreational Boat to reduce the possibility of theft and scattering.
Improper stored boats may be subject to removal by NYCDEP or Access Permits holders may be subject to the penalties in 15 RCNY § 16-15.
§ 16-10.3 Confiscation, Storage, Disposal, and Limitations of all Boats.
(1) NYCDEP Confiscation of any Boat. Any boat left in the water unattended; found on land outside of the boat’s assigned Boat Storage Area; found in a closed Boat Storage Area to which it was not assigned; found without a valid Fishing or Recreational Boat Tag or with illegible boat numbers; found on City Property after expiration or revocation of the owner’s Fishing or Recreational Boat Tag or Access Permit; found in a Restricted Area, or abandoned or otherwise not in compliance with these Rules is subject to confiscation and storage by NYCDEP or its designee at the owner’s expense.
By accepting a Fishing or Recreational Boat Tag, the owner of the tagged boat acknowledges and accepts NYCDEP’s and its designee’s right to confiscate and store a boat that NYCDEP determines is in violation of these regulations; NYCDEP’s right to dispose of the boat in accordance with this section; and waives any right to assert a claim against NYCDEP and/or its designee for such confiscation and/or disposal or hold either liable under any circumstances for damage to, or loss of, a boat or accessories such as, but not limited to, chains, locks and oars during its confiscation, storage or disposition.
When a boat is confiscated by NYCDEP or its designee, a record of the boat’s condition will be prepared and maintained including the following information: a boat description, date of confiscation, storage location, condition, equipment with the boat, if any, estimated value, and whether it appears seaworthy or not. Such record will be maintained until NYCDEP or its designee disposes of said boat in accordance with these Rules.
When a boat is confiscated, a one-time confiscation penalty of $120.00 will be assessed per boat. A storage fee of $1.00 per day will also be assessed per boat until the boat is claimed by its owner, or until the storage fee adds up to $90. Together the confiscation penalty and storage fees will not exceed $210.00 in total per boat.
NYCDEP or its designee will send a written notice to attempt to contact the owner of a NYCDEP confiscated boat within 30 days from the date NYCDEP deems the boat confiscated in order to notify such owner of the boat’s status. This written notice will be documented by NYCDEP or its designee and may be by USPS mail, or electronic mail using the contact information on file for the Access Permit/Boat Tag holder. If a confiscated boat has no record of ownership with NYCDEP, the boat will be held for 3 months and if unclaimed, disposed of in accordance with 15 RCNY § 16-10.3(4).
(i) Sale by the New York City Department of Citywide Administrative Services; or
(ii) Public auction by NYCDEP or its designee.
(i) The boat owner or his or her representative must write a letter stating that he or she relinquishes ownership of his or her boat to NYCDEP. The letter must contain the following information:
(a) boat owner name, address, telephone number, and Access Permit number;
(b) boat number and Boat Storage Area;
(c) if written by the boat owner, the signature of the boat owner; and
(d) date of signature.
(ii) If the letter is written by the representative of a boat owner, the representative must affirm in writing his or her ability to act on behalf of the boat owner for the purposes of relinquishing ownership to NYCDEP.
(iii) The relinquishment letter must be mailed to NYCDEP at 71 Smith Avenue Kingston, NY 12401 or its designee, if applicable.
(i) Limit the number of valid Fishing or Recreational Boat Tags any individual can hold at one time;
(ii) Limit the number of Reservoir-specific valid Fishing or Recreational Boat Tags any individual can hold at one time;
(iii) Limit the total number of Fishing or Recreational Boat Tags issued for a particular Reservoir or Controlled Lake; and/or,
(iv) Limit the number of boats stored at a particular Reservoir or Controlled Lake, Boat Storage Area or boat launch site.
(v) If and when limits are determined to be necessary by NYCDEP, they shall be posted on the NYCDEP website and be available at NYCDEP offices, and its designees’ boat steam cleaning sites, if applicable.
(vi) Any limitations proposed per above shall apply to new Fishing Boat or Recreational Boat Tag holders.
§ 16-11 Restricted Areas.
(a) General. NYCDEP may, in its discretion, temporarily limit or forbid access to any or all City Property at any time and from time to time as may be necessary for Water Supply security, for public safety or resource protection. Such limitation on or prohibition of access will be indicated by posting signs and, when applicable, on the NYCDEP website and/or by publishing announcements.
(1) On or within 500 feet of any dikes, dams, tunnel outlets, spillways, buildings and other “significant” Water Supply structures as may be designated by NYCDEP in its sole discretion. Other distances within which access is prohibited may be applied at NYCDEPs discretion. These larger Restricted Areas will be delineated by signs and on public maps on the NYCDEP website.
(2) Any area not officially designated as a Access Permit Area, Public Access Area, Day Use Area, or an area not specifically designated for access; and
(3) Any other area posted with signs such as “No Trespassing” or otherwise designated as a Restricted Area.
Subchapter D: General Provisions and Prohibitions
§ 16-12 General Rules.
The following general requirements apply to all Recreational Use on City Property:
§ 16-13 Regulated Activities.
The provisions of this section apply to the specified activities and uses on all City Property.
(1) Dogs under the control of the owner on PAAs.
(2) Dogs actively used for Hunting on APAs.
(3) Leashed dogs on designated trails and DUAs as posted on signs.
(4) Service dogs may be used in all PAAs, APAs and DUAs.
Dog owners must remove their dog’s feces from City Property. Dogs are not permitted to enter any water body except in Public Access Areas.
(1) Flagging Tape. Temporary marking with flagging tape is allowed for Hiking, bushwhacking, game tracking or to mark a Hunting location. Flagging must be removed by the end of the activity or the end of Big Game season, as applicable.
§ 16-14 Prohibitions.
The activities and uses listed in this section are prohibited on all City Property in the Watershed.
§ 16-15 Rule Infractions.
Any violation of these Rules by an Access Permit holder or by any person accompanying an Access Permit holder is cause for confiscation, suspension or revocation of such Access Permit and any related Tags. Such violation may also affect issuance of future Access Permits and/or Tags as determined by NYCDEP and may also subject the violator to prosecution to the fullest extent of the law.
(1) Date, location, and nature of the alleged infraction;
(2) The alleged violator’s name, address, and Access Permit or Tag number(s), as applicable;
(3) Citation of the alleged violation as per these Rules;
(4) Notification of penalty imposed and Access Permit or Tag status;
(5) Notification of the opportunity and timeline for appeal.
(1) Access Permits and Tags may be renewed while suspended; however, the suspended Access Permit holder will not receive a new Access Permit or Tag(s) during the suspension period. Suspended Access Permits may only be renewed by using the NYCDEP Access Permit Update Form. The Access Permit Update Form will be available for download on the NYCDEP website. NYCDEP online renewals will not be allowed for suspended Access Permits. The completed NYCDEP Access Permit Update Form must be mailed to the address on the NYCDEP website. The renewed Access Permit will remain in NYCDEP custody during the suspension period.
(2) The suspended Access Permit holder may not enter upon City Property for Recreational Uses until the period of suspension has ended and NYCDEP returns the Access Permit and related Tags, as applicable.
(3) Depending on the severity of the violation and record of previous violations, Access Permit/Tag suspension may be from 2 months to 5 years from the date of the violation.
(4) Persons with a suspended Access Permit may be permitted, at NYCDEP’s discretion, to leave valid Fishing Boats on a Reservoir; however, they may not access or use the Fishing Boat without a Valid Access Permit.
(5) When Access Permits expire under suspension and are not renewed, all Tags automatically expire and all boats operated under these Tags must be removed from City Property.
(1) Fishing and Recreational Boat Tag holders whose boats are confiscated 3 times within a 5 year period by NYCDEP may be subject to Access Permit suspension and loss of future Tag privileges.
(2) The maximum penalty for violation of the Rules is a 3 year suspension for holders of Access Permits or a 3 year suspension from applying for an Access Permit, except for those infractions listed in the table below.
Individuals who have committed 4 or more offenses within a 5 year period, or who have seriously threatened public safety, Water Supply safety or security, or the personal safety of individuals through means not specifically enumerated in this penalty schedule may be subject to the revocation of all public access privileges.
| Applicable Rules Section | Violation Description | Access Permit Suspension Term |
|---|---|---|
| 15 RCNY §§ 16-04.2, 16-08, 16-14 | Tree stands, Hunting Blinds and Trail Cameras (15 RCNY § 16-08(h)); Shooting lanes (15 RCNY § 16-08(i)); Vehicle Tags (15 RCNY § 16-04.2); Smoking (15 RCNY § 16-14(g)) | 2 - 6 months |
| 15 RCNY §§ 16-07, 16-08, 16-10.1, 16-10.2, 16-12 | Season (15 RCNY § 16-07(c)), (15 RCNY § 16-08(c)), (15 RCNY § 16-10.1(d), (15 RCNY § 16-10.2(a)); (15 RCNY § 16-12(h); Means (15 RCNY § 16-07(e)); Equipment (15 RCNY § 16-07(g), 15 RCNY § 16-14(h)); Entrails (15 RCNY § 16-07(h); Game Cleaning Practices (15 RCNY § 16-08(g)); Boat Safety/Capacity (15 RCNY § 16-10.1(f), (g); 15 RCNY § 16-10.2(f), (g)); Ice Fishing (15 RCNY § 16-07(k)); Hunter Behavior/Safety (15 RCNY § 16-08(f)); Fishing Boat Tag (15 RCNY § 16-10.1(a), (b), (i), (p), (q), (t), (u)); Fishing Boat Storage, Placement, and Securing (15 RCNY § 16-10.1 (v), (w), (x)); Recreational Boat Tag (15 RCNY § 16-10.2(b)); Recreational Boat Launch Sites, Storage Areas, and Storage (15 RCNY § 16-10.2(c), (d)); General Rules (15 RCNY § 16-12) | 4 months - 1 year |
| 15 RCNY §§ 16-03.1, 16-03.2, 16.03.3, 16-04 | Public Access Areas (15 RCNY § 16-03.1); Day Use Areas (15 RCNY § 16-03.2); Special Event Areas (15 RCNY § 16-03.3); Access Permit Areas (15 RCNY § 16-04) | 1 - 3 years or revocation |
| 15 RCNY §§ 16-11, 16-13, 16-14, 16-16 | Restricted Areas (15 RCNY § 16-11); Injury, Destruction or Abuse of Natural Resources or Property (15 RCNY § 16-13(a)); Firearms, Weapons, Explosives (15 RCNY § 16-13(b)); Animals (15 RCNY § 16-13(c)), Tents and Other Structures (15 RCNY § 16-13(e)); Motor Vehicle Access (15 RCNY § 16-13(f)); Littering, Polluting, Dumping (15 RCNY § 16-14(a)); Bathing, Swimming, Washing of Objects (15 RCNY § 16-14(b)); Target Shooting (15 RCNY § 16-14(d)); Camping (15 RCNY § 16-14(e)); Fires (15 RCNY § 16-14(f)); Motorized Equipment (15 RCNY § 16-14(h)); Commercial Activities (15 RCNY § 16-14(i)); Manned and Unmanned aircraft (15 RCNY § 16-14(k); Horses (15 RCNY § 16-14(l)), Biking (§ 16-14(m)); Conformance with State and Local Laws (15 RCNY § 16-16). | 18 months - 5 years or revocation |
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(1) an explanation as to why the penalty imposed is not justified by the circumstances presented;
(2) a statement indicating his or her commitment to abide by all Rules, policies, and conditions in the future.
The Deputy Chief of City Land Stewardship will respond to all appeals in writing within 45 days of receipt. In response to a written appeal, NYCDEP may reduce the duration of suspension or revocation period. Factors NYCDEP will consider in determining whether to grant or deny an appeal request include whether the individual has committed any other Rule infractions within the previous 5 years and whether the infraction at issue threatened or compromised Water Supply quality or security, public safety or led to property damage or injury to any individual. Court dispositions of any summons issued or arrests made for reasons other than a violation of these rules will not negate any such violations, but may be considered during an appeal review by NYCDEP. Individuals dissatisfied with the first appeal response may elect to submit a final written appeal to the Deputy Commissioner for the NYCDEP Bureau of Water Supply for a final determination.
(1) Expulsion of the Group and/or Group Member from the property;
(2) Revocation of the Group Access Permit;
(3) Loss of general privileges to access City Property including loss of eligibility to apply for an Access Permit, suspension or revocation of Access Permits; and
(4) Arrest and prosecution of the Group Members, Group Leader, and/or organization sponsoring the Group and/or which the Group represents.
(1) Expulsion from City Property;
(2) Suspension or revocation of Access Permit and/or Tag privileges, if applicable
(3) Prohibition from obtaining an Access Permit or Tag;
(4) Suspension from access to some, any or all City Property;
(5) Arrest and prosecution.
§ 16-16 Conformance with State and Local Laws.
All persons using City Property for Recreational Uses are subject to the New York State Environmental Conservation Law and all other statutes, ordinances and Rules applicable and the Rules set forth herein. Access Permits are not substitutes for any NYSDEC Fishing, Hunting or Trapping Licenses required by law.
§ 16-17 Enforceability.
If any clause, sentence, paragraph, subdivision, section, Rule or other part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, Rule or other part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 17-01 Scope and Purpose.
The following rules apply to any permitted occupation or use of New York City property (lands, water bodies, reservoirs and infrastructure) in the counties of Delaware, Dutchess, Greene, Orange, Putnam, Schoharie, Sullivan, Ulster, and Westchester. These rules are for the benefit of municipalities, utilities, government agencies, organizations exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(3), individuals and commercial enterprises who may want to access or to occupy City owned property. The New York City Department of Environmental Protection is the City agency designated as the issuing authority for Revocable Land Use Permits (“Permits”).
§ 17-02 Definitions.
(a) Commercial Use. "Commercial Use" means a use which is undertaken primarily for the purpose of making a profit. Commercial Use does not include use by any utility company.
§ 17-03 Applications and Application Fees.
(a) Applications may be obtained from the DEP website, from any authorized DEP employee or on request by calling DEP at (914) 742-2076. Prior to submission of the application, applicants must discuss their Permit request at the telephone number above with a staff member of the Land Use Permit Office or any other authorized DEP employee. Applications may then be hand-delivered to an authorized DEP employee or submitted by United States Postal Service (USPS) mail to: NYC Department of Environmental Protection Land Use Permit Office 465 Columbus Avenue Valhalla, NY 10595
Notification of the availability of internet application submission will be posted on the DEP website.
§ 17-04 Term and Renewal.
(a) The issuance and renewal terms of the permits shall not exceed five (5) years. Permits may be renewed for additional five (5) year terms upon DEP's approval of an updated application for renewal, and any additional plans, engineering drawings or documents required by DEP. DEP will send Permit renewal applications to permittees.
§ 17-05 Conditions.
All Permits will include standard conditions and may also include special conditions specific to the use of the City property, as deemed necessary. The permittee must sign an acknowledgment before a Notary Public accepting all conditions including Permit fees set forth by DEP as a requirement of Permit issuance.
§ 17-06 Right of Entry.
DEP reserves the rights of its employees, contractors and other persons approved by DEP to enter City property at any time for any purpose without notice to, or permission of, the permittee.
§ 17-07 Permit Fees and Waivers.
(a) Except as set forth in subdivision (c) of this section, Permit fees for all Permits are equal to the greater of the total amount determined in accordance with subdivision (e) of this section or $25.00.
(1) DEP-funded or supported projects or projects servicing DEP facilities;
(2) Projects for highway purposes in which adjacent City land is needed for work within existing municipal rights of way and/or easements;
(3) Projects or uses by a Public Corporation, federal or state agency that involve Low-Impact Uses and water-quality improvement projects such as, but not limited to, the following:
• replacing a failing culvert to reduce flooding,
• emergency road repairs or installation of ground water monitoring wells to assess contamination.
• Such projects shall not include improvements that are likely to increase the tax assessment of City land;
(4) Projects or uses by a Public Corporation, federal or state agency that involve certain Low-Impact Uses related to recreation such as, but not limited to, the following:
• hiking,
• snowshoeing,
• cross-country skiing,
• bird watching,
• educational programs, and,
• nature study and interpretation;
(5) Projects or uses by a Public Corporation, federal or state agency, or a utility providing a public benefit, on property where the City has determined to grant an easement to the permittee for such project or use;
(6) Court-ordered uses of City property;
(7) Projects or uses by a Public Corporation, federal or state agency or any organization exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(3) that involve Low Impact Uses of limited duration such as, but not limited to, the following:
• nature or natural resources studies,
• fund-raising events,
• posting and removal of temporary signs or markers for an event, and
• temporary storage or staging; and
(8) Emergency use of City property by a Public Corporation, federal or state agency or any organization exempt from federal taxation pursuant to 26 U.S.C. § 501(c)(3) to respond to an imminent threat to the health and safety of humans, or to respond to a substantial imminent threat to water quality or to property. DEP must be notified by telephone and questions about the emergency must be answered on the business day following the date of the emergency.
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| Access over City Property This includes, but shall not be limited to, temporary or permanent physical access ways such as driveways, logging roads and construction entranceways. | ||
|---|---|---|
| Each 300 feet in length, or part thereof, for widths less than or equal to 10 feet, Non-Commercial uses | $95.03 | |
| Each 300 feet in length, or part thereof, additional fee per foot of width over 10 feet, Non- Commercial uses $19.00 | ||
| Each 300 feet in length, or part thereof, for widths less than or equal to 10 feet, Commercial Uses | $190.08 | |
| Each 300 feet in length, or part thereof, additional fee per foot of width over 10 feet, Commercial Uses | $38.03 | |
| General access over City property other than driveways (one-time Permit fee) | $100.00 | |
| Fencing | ||
| Each 300 feet, or part thereof, Non-Commercial uses | $95.03 | |
| Each 300 feet, or part thereof, Commercial Uses | $190.08 | |
| Walkways | ||
| Non-Commercial uses | $95.03 | |
| Commercial Uses | $190.08 | |
| Bridges | ||
| Bridges or crossings for access/driveways or walkways for Non-Commercial use | $95.03 | |
| Bridges or crossings for access/driveways or walkways for Commercial Use | $190.08 | |
| Commuter Parking | ||
| Paved or unpaved surfaces | 33 1/3% of gross receipts derived from commuter parking fees plus reimbursement of taxes | |
| Non-Commuter Parking | ||
| Municipal/Organizations Exempt from Federal Taxation – paved or unpaved surfaces | Reimbursement of taxes | |
| Commercial Uses – paved or unpaved surfaces | 10% of property value of area used plus reimbursement of taxes | |
| Signs including supports | ||
| Non-Commercial uses | $25.00 | |
| Subsurface Sewage Treatment Systems (SSTS) | ||
| Individual sewage treatment systems serving single family homes | $190.08 | |
| All other subsurface sewage treatment systems | $380.14 | |
| Drainage Pipe/Culvert Pipes | ||
| Each 10 feet in length, or part thereof, for each 1 inch in diameter of pipe | $1.67 | |
| Water Pipes | ||
| Pipes for private use, each 300 feet in length, or part thereof, any size diameter | $95.03 | |
| Pipes for Commercial Use, each 300 feet in length, or part thereof, any size diameter | $190.06 | |
| Water Connection/Pump Houses (Public use) | ||
| Each connection, plus cost for pipes and appurtenances plus reimbursement of taxes | $475.27 | |
| A separate Water Supply Agreement with specific costs for water withdrawal may also be required | ||
| Subsurface Utilities or Facilities (Public Service Corp.) | ||
| Each 10 feet in length, or part thereof, for each 1 inch in diameter of pipe | $1.67 | |
| Dry Wells | ||
| Each | $47.53 | |
| Manholes and other Underground Structures | ||
| Per cubic foot | $2.65 | |
| Utility Installation Charge for Utility Poles (One-time Permit fee) | ||
| Each pole, including anchor | $11.39 | |
| Utility Poles and Supports for Utility Poles | ||
| Each pole | $7.55 | |
| Each support, guy wire, pull, anchor or other appurtenance | $7.55 | |
| Utility Attachments to Another Utility’s Existing Permitted Pole(s) | ||
| Each attachment | $2.26 | |
| Utility Structures (Transformers and switching substations, small substations, gas metering connections and treatment chambers, etc.) | ||
| Less than or equal to 5,000 square feet | $950.62 | |
| Greater than 5,000 and less than or equal to 10,000 square feet | $1,901.26 | |
| Greater than 10,000 and less than or equal to 15,000 square feet | $2,851.86 | |
| Greater than 15,000 and less than or equal to 20,000 square feet | $3,802.49 | |
| Greater than 20,000 and less than or equal to 30,000 square feet | $4,753.13 | |
| Greater than 30,000 square feet | $5,703.76 | |
| Other Utility Uses | ||
| Interface Cabinets (Telephone), each | $38.03 | |
| Telephone Platforms, each | $76.03 | |
| Utility Pedestals and Slabs, each | $47.53 | |
| Shield Wires, each | $19.00 | |
| Aerial, Buried, or Submarine Electric Cable | ||
| Each 300 feet in length, or part thereof, for each wire transmitting less than or equal to 5,000 volts | $76.03 | |
| Each 300 feet in length, or part thereof, for each wire transmitting more than 5,000 volts and less than or equal to 13.2 kilovolts | $114.06 | |
| Each 300 feet in length, or part thereof, for each wire transmitting 13.2 kilovolts or more | $152.06 | |
| Transmission Lines | ||
| Each circuit transmitting less than 345 kilovolts | $638.71 | |
| Each circuit transmitting 345 kilovolts or more | $821.24 | |
| Additional Permit fees for Aqueduct Crossings | 10% of property value of area used plus reimbursement of taxes | |
| Small Transformers and Regulators | ||
| Each unit transmitting less than or equal to 13.2 kilovolts | $76.03 | |
| Each unit transmitting more than 13.2 kilovolts and less than or equal to 34.5 kilovolts | $152.06 | |
| Each unit transmitting more than 34.5 kilovolts | $228.09 | |
| Other Electric | ||
| Anodes and Rectifiers, each | $38.03 | |
| Splice Boxes, each | $7.59 | |
| Aerial, Buried, or Submarine Cable, other than Electric | ||
| Each 300 feet in length, or part thereof, for each wire | $76.03 | |
| Aerial, Buried, or Submarine Fiber Optic Cable (any size) | ||
| Each 300 feet in length, or part thereof, for each wire | $76.03 | |
| Ducts (Electric, Telephone, etc.) | ||
| Each 300 feet in length, or part thereof, for each duct, 8 inches or less in diameter | $76.03 | |
| Each 300 feet in length, or part thereof, for each duct, greater than 8 inches in diameter | $152.06 | |
| Municipal Maintenance/Organizations Exempt from Federal Taxation | ||
| Site maintenance and/or repair | $25.00 | |
| General municipal use for official business | $25.00 | |
| Natural Resource Extraction | ||
| Agricultural Uses such as planting/harvesting crops and livestock (per acre) | $5.00 | |
| Harvesting hay (per acre) | $2.50 | |
| Brush-hogging (flat Permit fee) | $50.00 | |
| Recreation | ||
| High-impact uses that call for major physical improvement (e.g. ball fields, soccer fields) by municipalities or organizations exempt from federal taxation | Reimbursement of taxes | |
| Moderate-impact uses and related structures (e.g. paved trails, snowmobiles trails, horse trails) | $30.00 | |
| Low-Impact Uses and related small-scale amenities such as informational kiosks | $25.00 | |
| Wall Breaks (One-time Permit fee) | ||
| This includes removing/opening sections of City walls for access or other uses as needed | $95.03 | |
| Investigatory Work for a period not to exceed one (1) year (One-time Permit fee) | ||
| Flat rate for any test borings, wells, pits, etc. (regardless of quantity) | $475.27 | |
| Each structure for storage (trailers, sheds, gas tanks, etc.) | $190.08 | |
| Investigatory Work for a period to exceed one (1) year | ||
| Additional annual Permit fee for investigatory work exceeding one (1) year | $100.00 | |
| Staging Area (One-time Permit fee) | ||
| Flat Rate | $190.08 | |
| Miscellaneous | ||
| Dry Hydrants | $34.68 | |
| Street Poles and Lights (each) | $10.00 | |
| Other Non-Commercial uses (Permit fee double for commercial use): | ||
| Less than or equal to 5,000 square feet | $250.00 | |
| Greater than 5,000 and less than or equal to 10,000 square feet | $500.00 | |
| Greater than 10,000 and less than or equal to 15,000 square feet | $1,000.00 | |
| Greater than 15,000 and less than or equal to 20,000 square feet | $1,500.00 | |
| Greater than 20,000 and less than or equal to 30,000 square feet | $2,000.00 | |
| Greater than 30,000 square feet | $2,500.00 | |
| The following Permit Fees shall apply to Rural Electric Cooperatives | ||
| Access/Driveways | ||
| Each 300 feet in length, or part thereof, for widths less than or equal to 10 feet | $39.62 | |
| Each 300 feet in length, or part thereof, additional Permit fee per foot of width over 10 feet | $7.92 | |
| Fencing | ||
| Each 300 feet in length, or part thereof | $39.62 | |
| Manholes and Other Underground Structures | ||
| Per cubic foot | $.95 | |
| Utility Installation Charge for Utility Poles (One-time Permit fee) | ||
| Each pole, including anchor | $4.75 | |
| Utility Poles and Supports for Utility Poles | ||
| Each pole | $3.17 | |
| Each support, guy wire, anchor, pull or other appurtenance | $3.17 | |
| Utility Attachments to Another Utility’s Existing Permitted Pole(s) | ||
| Each attachment | $.95 | |
| Utility Structure (Transformers and switching substations, small substations, gas metering connections and treatment chambers, etc.) | ||
| Less than or equal to 5,000 square feet | $396.34 | |
| Greater than 5,000 and less than or equal to 10,000 square feet | $792.66 | |
| Greater than 10,000 and less than or equal to 15,000 square feet | $1,189.00 | |
| Greater than 15,000 square feet and less than or equal to 20,000 square feet | $1,585.33 | |
| Greater than 20,000 square feet and less than or equal to 30,000 square feet | $1,981.67 | |
| Greater than 30,000 square feet | $2,378.00 | |
| Aerial, Buried or Submarine Electric Cable | ||
| Each 300 feet in length, or part thereof, for each wire transmitting less than or equal to 5,000 volts | $31.70 | |
| Each 300 feet in length, or part thereof, for each wire transmitting more than 5,000 volts and less than 13.2 kilovolts | $47.56 | |
| Each 300 feet in length, or part thereof, for each wire transmitting 13.2 kilovolts or more | $63.40 | |
| Transmission Lines | ||
| Each circuit transmitting less than 345 kilovolts | $266.30 | |
| Each circuit transmitting 345 kilovolts or more | $342.40 | |
| Additional Permit fees for Aqueduct Crossings | In addition to applicable circuit fees, 10% of property value of area used plus reimbursement of taxes | |
| Small Transformers and Regulators | ||
| Each unit transmitting less than or equal to 13.2 kilovolts | $31.70 | |
| Each unit transmitting more than 13.2 kilovolts and less than or equal to 34.5 kilovolts | $63.40 | |
| Each unit transmitting more than 34.5 kilovolts | $95.10 | |
| Ducts | ||
| Each 300 feet of length, or part thereof, for each duct, 8 inches or less in diameter | $31.70 | |
| Each 300 feet of length, or part thereof, for each duct, greater than 8 inches in diameter | $63.40 | |
| Other | ||
| Anodes and Rectifiers, each | $15.86 | |
| Splice Boxes, each | $3.17 | |
| Utility Pedestals and Slabs, each | $19.83 | |
| Shield Wires, each | $7.92 |
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§ 17-08 Damage to Persons or Property.
(a) The permittee shall indemnify and save the City harmless from all damages resulting from injury to persons or property arising from the use of City land, structures or other property under this Permit. Insurance policies naming the City, together with its officials and employees and the New York City Water Board as additional insureds must be provided as follows:
• All individuals and Not-for-Profit Organizations: Personal or General Liability or Homeowners’ Insurance with minimum limits of $500,000;
• All Commercial entities: Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence, $5,000,000 aggregate;
• All Utilities and Municipalities: Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence, $5,000,000 aggregate.
In lieu of such insurance policies, municipal permittees may provide proof of self-insurance in an amount satisfactory to DEP and municipal and Commercial entities may provide other forms of undertakings, such as, but not limited to, letters of credit in amounts satisfactory to DEP. All permittees must provide proof of insurance, self-insurance or other undertaking annually.
• pump stations,
• filtration plants, and
• other improvements of a similar nature.
The purpose of such bond is to cover the cost of any repairs or remediation necessitated by the permittee’s use of City property or for removal of permittee’s improvements remaining on City property after Permit revocation or termination and restoration of the property to its original conditions after such removal. Such bond shall be continued in force by the permittee until City property is cleared of all encumbrances placed there by permittee and shall not limit in any way the liability of the permittee for damage to life or property resulting from the use or occupancy of City property.
§ 17-09 Revocation.
Permits are revocable at the will of the Commissioner upon thirty (30) days’ written notice of the proposed revocation, except in the case of emergencies that present immediate risks to water quality, City infrastructure(s) or to the health of employees or members of the public. Reasons for revocation include, but are not limited to, the following:
• violation by the permittee of any regulation or condition(s) of the Permit,
• failure to pay Permit fees,
• failure to maintain improvement or structure allowed by such Permit,
• failure to provide proof of insurance, and
• DEP’s need to use its land for water supply operations.
Such revocation, other than for DEP’s need to use its land for water supply purposes, may be cured by the permittee within the thirty (30) day written notice period. Failure by DEP to revoke a Permit shall not prohibit DEP from exercising any other legal remedies available.
§ 17-10 Permittee’s Improvements to be Removed and City Property Restored on Notice of Permit Revocation or Permit Termination.
Upon Permit revocation, any improvements belonging to the permittee must be removed from City property, at the permittee’s expense, within thirty (30) days of such revocation unless otherwise authorized by DEP in writing. The property must be restored by the permittee or DEP in accordance with 15 RCNY § 17-08(c) within thirty (30) days of revocation or as otherwise agreed upon. Any improvement(s) remaining on City property beyond thirty (30) days of the written notice shall be considered abandoned and title to such improvement(s) shall become vested in the City, at the City’s option. Should the City elect to take title, the improvement(s) shall be disposed as the Commissioner may direct in lieu of any other procedure for the disposition of abandoned property required or permitted by law, and the former permittee waives any right to assert a claim against DEP pursuant to the provisions of the New York State Personal Property Law, Abandoned Property Law or any such other procedure. DEP shall seek reimbursement for any costs incurred for the removal of any such improvement(s) and shall also seek forfeiture of any bond provided.
§ 17-11 Title of Property.
Title and ownership of all City property, including all natural resources above, on and beneath the property, such as, but not limited to, minerals, soils, trees and metals upon, in or under the land shall remain and be vested in the City of New York. Removal of City resources from any Permitted location, unless approved in writing in advance by DEP, is strictly prohibited and will be prosecuted to the fullest extent of the law.
§ 17-12 Unenforceability.
If any clause, sentence, paragraph, subdivision, section, rule or part of this chapter shall be adjudged by any court or competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, rule or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 17-13 Repeal.
These rules are intended to repeal those rules entitled Issuance of Temporary Permits for the Occupation of City Property, effective September 2, 2001; provided, however, that with respect to Permits issued before the effective date of these rules, all restrictions, conditions and requirements upon the permittee contained in the earlier rules shall remain in effect until such Permit is renewed, cancelled, terminated or revoked.
Subchapter A: General Provisions
§ 18-11 Preface.
(a) The health, welfare and economic well-being of nearly nine million residents in the five counties of New York City ("the City"), and of an increasing number of upstate New York communities is inextricably tied to the quality of the source waters in the watersheds of the New York City Water Supply located in Westchester, Putnam, Dutchess, Delaware, Ulster, Greene, Sullivan and Schoharie Counties, and Fairfield County in Connecticut. The high quality of these waters faces a continuing threat from the cumulative and episodic impacts of pollution sources generated by certain land uses and activities in the watersheds. It is the duty of the Commissioner of the New York City Department of Environmental Protection (the "Department") to protect the high quality of waters from which the City's water supply is drawn and preserve it from degradation for the purpose of protecting the health and general welfare of its consumers.
§ 18-12 Purpose and Findings.
(a) The quality of the drinking water supplied to the City and upstate communities which draw from the New York City water supply depends primarily on the quality of the source waters which feed the reservoirs. The source waters and reservoirs are vulnerable to degradation and contamination from various sources and activities, including, but not limited to:
(1) Wastewater discharges to surface water and groundwater;
(2) Urban, suburban, rural, mining, silvicultural and agricultural land use practices that result in nonpoint source runoff of pollution and/or in adverse changes in the natural rate at which water flows into and through a delineated drainage basin; and
(3) Improper use, handling, storage, transport and/or disposal of substances, including but not limited to, hazardous substances, radioactive materials, pesticides, fertilizers, winter highway maintenance materials, solid wastes, and animal wastes.
§ 18-13 Authority.
These rules and regulations are promulgated pursuant to Article 11 of the New York State Public Health Law and § 24-302 of the New York City Administrative Code, and have been duly promulgated by the Commissioner of the Department of Environmental Protection of the City of New York and approved by the Commissioner of the New York State Department of Health. These rules and regulations shall become effective upon completion of any conditions set forth in the approval issued by the New York State Department of Health pursuant to § 1100(1) of the Public Health Law; publication of these rules and regulations pursuant to § 1100(2) of the Public Health Law; and upon completion of the requirements of the New York City Administrative Procedure Act.
§ 18-14 Applicability.
(a) These rules and regulations apply to all persons undertaking, or proposing to undertake, the activities in the categories listed below, where such activities are specifically regulated in these rules and regulations and occur in the New York City watershed:
(1) Discharge or storage of pathogenic materials.
(2) Discharge or storage of hazardous substances and hazardous wastes.
(3) Discharge or storage of radioactive materials.
(4) Discharge or storage of petroleum products.
(5) Discharge or transport of human excreta and use of holding tanks.
(6) Design, construction and operation of wastewater treatment plants.
(7) Design, construction and operation of sewer systems and service connections.
(8) Design, construction and operation of intermediate sized and individual sewage treatment systems.
(9) Discharge of stormwater and sediment, and preparation and implementation of stormwater pollution prevention plans.
(10) Construction of impervious surfaces.
(11) Discharge from miscellaneous point sources.
(12) Discharge of solid waste, including the siting of junkyards and solid waste management facilities.
(13) Discharge from agricultural activities.
(14) Discharge or storage of pesticides.
(15) Application and storage of fertilizers.
(16) Snow disposal and application and storage of winter highway maintenance materials.
§ 18-15 Local Representatives.
(a) Information about these rules and regulations and application and other forms required by these rules and regulations may be obtained from the following offices of the Department or on the Department's website at www.nyc.gov/dep. Applications for Department approval of a regulatory activity must be submitted to one of these offices or online in accordance with instructions that may be provided on the Department's website. Petitions appealing from a determination issued by the Department or requesting a hearing on a cease and desist order issued by the Department must be submitted to the offices listed in subdivision (b) or online in accordance with instructions that may be provided on the Department's website.
(1) New York City Department of Environmental Protection Regulatory and Engineering Programs 465 Columbus Avenue Valhalla, New York 10595 Telephone: (914) 742-2028
(2) New York City Department of Environmental Protection Regulatory and Engineering Programs 71 Smith Avenue Kingston, New York 12401 Telephone: (845) 340-7215
(2) New York City Department of Environmental Protection General Counsel 59-17 Junction Boulevard 19th Floor Flushing, New York 11373-5107 Telephone: (718) 595-6555
(1) New York City Water Supply Watershed Police Telephone: 1-888-H20-SHED
§ 18-16 Definitions.
(a) The following terms shall have the stated meanings when used in this Chapter, except where otherwise specifically provided:
(1) Absorption area means the area to which wastewater is distributed for infiltration to the soil.
(2) Absorption field means the area to which sewage is distributed for infiltration to the soil by means of a network of pipes. A gravelless absorption system is a type of absorption field.
(3) Access road means an impervious private or public road, other than a driveway, which connects a parcel to an existing public or private road and which is necessary in order to enable the parcel to be developed.
(4) Affiliate means any agency or person controlled by, controlling, or under common control with an applicant.
(5) Agency means any local, state or federal department, agency, board, public benefit corporation, public authority, commission, district, or governing body, including any city, county, and other political entity of the State.
(6) Agricultural activity means (i) an activity that occurs on “land used in agricultural production” as that term is defined in § 301(4) of the Agriculture and Markets Law, or (ii) an activity which is covered by a whole farm plan approved by the Watershed Agricultural Council, or by a New York State Agricultural Environmental Management Plan, or by another federal, state, or other conservation plan determined by the Department to provide water quality protection equivalent to whole farm plans approved by the Watershed Agricultural Council.
(7) Alteration or modification means any change in physical configuration, intensity of use, location, plans, design, site, capacity, treatment standard or method, or other change in a regulated activity or in a noncomplying regulated activity. This term shall not include remediation, routine repairs or maintenance of structures and equipment.
(8) Approval means any final decision by an agency to issue a permit, certificate, license, lease, renewal or other entitlement or to otherwise authorize a proposed project or activity.
(9) Area zoned for commercial or industrial uses means a commercial or industrial zoning district, hamlet zoning district, or highway business zoning district. Areas zoned for commercial or industrial uses shall not include agricultural zoning districts.
(10) Base flow means visible sustained or fair weather runoff of water, including groundwater.
(11) Best management practices (BMPs) means methods, measures or practices determined to be the most practical and effective in preventing or reducing the contamination to or degradation of the water supply. Best management practices include, but are not limited to, structural and nonstructural controls and operations and maintenance procedures, that can be applied before, during or after regulated activities to achieve the purposes stated herein.
(12) Best treatment technology (BTT) means methods, measures or practices determined to be the most practical and effective in reducing amounts of phosphorus in both surface and subsurface point source discharges which occur within the New York City watershed. BTT will vary with the size of the wastewater treatment plant, but is generally understood to consist of secondary treatment and chemical removal (usually accomplished by the addition of aluminum salts, iron salts, polymers, or pH adjustments with lime), with media filtration as a final step if necessary to achieve higher removal rates.
(13) C.F.R. means the Code of Federal Regulations.
(14) City means the City of New York.
(15) Clear cutting means cutting all of the trees, not just selected trees, within a specified boundary designated by the owner of the property.
(16) Coliform restricted basin means the drainage basin of a reservoir or controlled lake in which the coliform standards as set forth in 15 RCNY § 18-48(c) or (d) are exceeded as determined by the Department pursuant to its annual review conducted under 15 RCNY § 18-48(e).
(17) Combined sewer system means a structure used for conveying both sewage and stormwater.
(18) Commissioner means the Commissioner of the New York City Department of Environmental Protection or its successors or a deputy commissioner authorized to act for such Department pursuant to law.
(19) Construction or construction activity means any building, demolition, renovation, replacement, restoration, rehabilitation or alteration of any structure or road, or land clearing, land grading, excavation, filling or stockpiling activities that result in soil disturbance.
(20) Construction and demolition debris means uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads; and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm related cleanup.
(21) Contamination means the introduction of any pollutant to the water supply.
(22) Controlled lake means a lake from which the City may withdraw water pursuant to rights acquired by the City or as a right of ownership. The controlled lakes are: Kirk Lake, Lake Gleneida and Lake Gilead.
(23) Croton System means Middle Branch, Bog Brook, East Branch, Croton Falls, Diverting, Titicus, Amawalk, Muscoot, New Croton, and Cross River Reservoirs, Kirk Lake, Lake Gleneida and Lake Gilead, and their respective drainage basins.
(24) Degradation means a process of reduction or deterioration of the water quality of the water supply, including the process of eutrophication.
(25) Department means the New York City Department of Environmental Protection or its successors.
(26) Design capacity means the approved flow limit of the physical apparatus of a wastewater treatment plant as specified in its SPDES permit.
(27) Design point means a point where stormwater runoff enters a watercourse or wetland or leaves the site of an activity for which a stormwater pollution prevention plan must be prepared pursuant to this Chapter.
(28) Design professional means a professional engineer or a registered architect who is licensed to practice in the State of New York, or a land surveyor with an exemption under § 7208(n) of the Education Law.
(29) Designated Main Street Area means a defined area of limited size located within the East of Hudson Watershed which is an existing center of commercial, industrial, residential, or mixed use. Designated Main Street Areas were proposed by local governments in the East of Hudson Watershed in 1997 and approved by the Department pursuant to these rules and regulations.
(30) Designated Village Center means an area in the Croton System described by the metes and bounds of a village center, whether or not located in an incorporated village, designated by a local government(s) in a Comprehensive Croton Water Quality Protection Plan prepared and agreed to in accordance with 15 RCNY § 18-82 by submitting to the Department a description of the metes and bounds of such proposed Designated Village Center, a map of the described area, and a statement of the features which qualify the area as a Designated Village Center. A Designated Village Center must be an existing center of commercial, residential or mixed uses.
(31) Discharge means the intentional or unintentional disposal, deposit, injection, emission, application, dumping, spilling, leaking, washing off, release, running off, draining or placing of any solid, semi-solid, liquid, or any other non-gaseous waste or other substance into or onto any land or water or into any sewer system so that such waste or other substance may directly or indirectly enter into any watercourse, wetland, reservoir, reservoir stem, controlled lake or groundwater.
(32) Discontinuation means an interruption in the use of a regulated activity including a noncomplying regulated activity. The period of discontinuation shall commence on the date when regular or seasonal use ceases. Incidental or illegal use of an unoccupied structure shall not be sufficient to interrupt a period of discontinuation.
(33) Disturbed area means the portion of a site for which the imperviousness of the ground has changed from pre-construction conditions as a result of any land clearing, land grading or construction activity. Disturbed areas may include lawns and landscaped areas.
(34) Drainage Area means all land and water area from which runoff may run to a common design point.
(35) Drainage basin means the land area which contributes surface water to a reservoir or controlled lake.
(36) Driveway means a route accessible by a motor vehicle between an individual residence and a public or private road to provide ingress and egress from the individual residence.
(37) East of Hudson Watershed means West Branch, Boyd’s Corner, Bog Brook, East Branch, Croton Falls, Diverting, Titicus, Amawalk, Muscoot, New Croton, Cross River, Middle Branch and Kensico Reservoirs, Kirk Lake, Lake Gleneida and Lake Gilead, and their respective drainage basins.
(38) Effective Date means May 1, 1997.
(39) Effluent means water or wastewater that flows out from a wastewater treatment plant or other treatment process.
(40) Enhanced subsurface sewage treatment system means a subsurface sewage treatment system that provides enhanced treatment of wastewater to reduce the amount of biochemical oxygen demand (BOD) and total suspended solids (TSS) of wastewater effluent prior to distribution to an absorption field. Enhanced subsurface sewage treatment systems include, but are not limited to, aerobic treatment units, peat filters, and textile filters.
(41) Epilimnion means the uppermost, warmest, well-mixed layer of a lake during thermal stratification.
(42) Erosion means the wearing away or the movement of soil by such physical agents as wind or water, that is exacerbated by such practices as the disturbance of ground cover by stripping or removing vegetation, construction activity, or tilling.
(43) Exfiltration means wastewater that leaks out of a sewer system into the surrounding environment, through faulty joints, defective pipes, cracks in pipes, connections, or at manholes.
(44) Existing, where used to describe storage of hazardous substances, storage of petroleum products, or the siting of junkyards and solid waste management facilities, means physically constructed, functioning and operational prior to May 1, 1997.
(45) Expansion means an increase in the permitted flow limit for a wastewater treatment plant as specified in the SPDES permit and/or an increase in the design capacity of a wastewater treatment plant.
(46) Facility means a structure, room or other physical feature designed to perform a particular function and that makes possible some activity.
(47) Fertilizer means any commercially produced mixture, generally containing phosphorus, nitrogen and/or potassium, except compost, that is applied to the ground to increase the supply of nutrients to plants.
(48) Galley System means any subsurface system for treating sewage that employs structural chambers in a horizontal or vertical arrangement for the storage of effluent until it can be absorbed into the soil, that is utilized following a septic tank as an alternative to a standard absorption field, and that did not have all discretionary approvals necessary for construction and operation before June 30, 2002.
(49) Gasoline station means an establishment at which gasoline is sold or offered for sale to the public for use in motor vehicles.
(50) Gravelless absorption system means an absorption field using a wastewater distribution system designed to be installed without gravel or stone aggregate. Gravelless absorption systems may involve the use of geotextile, sand, or other media.
(51) Groundwater means any water beneath the land surface in the zone of saturation. The zone of saturation is where water fills all available pore spaces.
(52) Hamlet means a population center designated as a hamlet by a Town Board in the West of Hudson watershed and described as a hamlet in a Water Supply Permit duly issued by the New York State Department of Environmental Conservation or in any written agreement among the affected parties to the 1997 New York City Watershed Memorandum of Agreement, including the New York State Department of Environmental Conservation.
(53) Hazardous substance means any substance defined or listed in 6 NYCRR Part 597 except that hazardous substance does not mean any petroleum product, including those listed in 6 NYCRR § 597.2, Table 1, and also does not mean any hazardous waste.
(54) Hazardous waste means any solid waste, defined or listed as a hazardous waste in 6 NYCRR Part 371.
(55) Holding tank means a tank or vault, with no outlet, used for holding sewage before it is pumped out and transported elsewhere for treatment or disposal.
(56) Hot spot runoff means runoff from an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater, such as vehicle service and maintenance facilities, fleet storage areas, industrial sites, marinas, and facilities that generate or store hazardous materials. Runoff from residential, institutional, and office development, non-industrial rooftops, roads, and pervious surfaces is not generally hot spot runoff.
(57) Hydrologic soil group means the designation of soils based on the National Engineering Handbook, Part 630, Chapter 7, Hydrologic Soil Groups, U.S. Department of Agriculture, National Resources Conservation Service, 2009 in which soils are categorized into four runoff potential groups, ranging from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff.
(58) Hypolimnion means the lower, cooler layer of a lake during thermal stratification.
(59) Impervious surface means an area which is either impervious to water or which substantially prevents the infiltration of water into the soil at that location. Impervious surfaces include, but are not limited to, paving, concrete, asphalt, rooftops, and other hard surfacing materials, and do not include dirt, crushed stone, gravel surfaces, or other surfacing materials determined by the Department to be pervious for their intended purpose.
(60) Individual residence means a building consisting of one or two residential units.
(61) Individual sewage treatment system means an on-site subsurface sewage treatment system serving one or two family residential properties and receiving sewage without the admixture of industrial wastes or other wastes, as defined in the Environmental Conservation Law § 17-0701.
(62) Industrial waste means any liquid, gaseous, solid or waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause contamination to or degradation of the water supply.
(63) Infiltration means water, other than wastewater, that enters a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow and from treatment of runoff by stormwater infiltration practices.
(64) Inflow means water other than wastewater that enters a sewer system, including sewer service connections, from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration.
(65) In situ soil means naturally occurring glacial soil; it does not include fill or stabilized fill.
(66) Intake means the points in the New York City water supply located prior to the point of disinfection where the water is no longer subject to surface runoff.
(67) Intermediate sized sewage treatment system means an on-site subsurface sewage treatment system serving an industrial, institutional, municipal, commercial, or multi-family residential facility, and receiving sewage without the admixture of industrial wastes or other wastes, as defined in the Environmental Conservation Law § 17-0701.
(68) Intermittent stream means a watercourse that during certain times of the year goes dry or whose lowest annual mean discharge during seven consecutive days with a recurrence interval of ten years (MA7CD/10) is less than 0.1 cubic foot per second and which periodically receives groundwater inflow. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snow melt shall not be considered to be an intermittent stream.
(69) Junkyard means any place of storage or deposit, whether in connection with another business or not, where four or more unregistered, old, or second hand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials such as metal, glass, or fabric for the purpose of disposing of the same, or for any other purpose.
(70) Land clearing means the exposure of soil by devegetation or the exposure of soil to the forces of erosion.
(71) Land grading means the removal, addition or alteration of surface or subsurface conditions of land by excavation or filling.
(72) Limiting distance means the shortest horizontal distance from the nearest point of a structure or object to the edge, margin or steep bank forming the ordinary high water mark of a watercourse, wetland, reservoir, reservoir stem or controlled lake or to the contour line coinciding with the reservoir spillway elevation.
(73) Mapped stream means a protected stream as defined in 6 NYCRR § 608.1.
(74) Metalimnion means an intermediate zone between the epilimnion and hypolimnion where the water temperature drops rapidly with increasing depth.
(75) Microfiltration means a process in which treated effluent passes through a membrane filter having a nominal pore diameter of 0.2 microns or less.
(76) Multi-family residence means a building containing three (3) or more residential units.
(77) Municipal solid waste landfill means a landfill, as defined in 6 NYCRR § 360.2, which is owned or operated by a municipality.
(78) New, where used to describe storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities, means undertaken, constructed, installed, or implemented after May 1, 1997.
(79) Noncomplying regulated activity means any regulated activity or existing activity which does not conform to the standards set forth in these rules and regulations, but has obtained all discretionary approvals necessary for construction and operation, prior to the effective date of these rules and regulations and/or prior to the effective date of an amendment to these rules and regulations that made the activity noncomplying.
(80) Nonpoint source pollution means pollution sources which are diffuse and do not have a single point of origin or are not introduced into a receiving stream from a point source.
(81) NYCRR means the Official Compilation of Codes, Rules and Regulations of the State of New York.
(82) Offset means a reduction in the discharge of phosphorus into a drainage basin which is surplus, quantifiable, permanent, and enforceable, as defined herein:
(i) Surplus means that the reduction in phosphorus is not otherwise required by federal, state or local law, including these rules and regulations, or pursuant to the terms of any judgment, decree or order of any court, administrative tribunal or governmental agency, or pursuant to any watershed protection program funded by the Department, except as provided in 15 RCNY §§ 18-83(a)(3) and 18-84(a)(3).
(ii) Quantifiable means that a reasonable basis exists for calculating and verifying the amount of the reduction in phosphorus.
(iii) Permanent means that the reduction in phosphorus is ongoing and of unlimited duration, as opposed to a temporary reduction.
(iv) Enforceable means that the actions and performance standards proposed by the applicant leading to the reduction in phosphorus are incorporated into a legally valid and binding agreement which may be enforced by the City in a court of competent jurisdiction.
(83) One hundred-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a one percent chance of occurring in any given year, as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015).
(84) One-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a 100 percent chance of occurring in any given year, as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015).
(85) Operator means any person who leases, operates, controls or supervises a facility.
(86) Owner means any person who has legal or equitable title to a facility.
(87) Pathogenic means capable of causing disease from organisms, including but not limited to: bacteria, fungi, viruses, and protozoa (such as Giardia and Cryptosporidium).
(88) Person means any individual, public or private corporation, political entity, agency, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever, except that person shall not mean the State of New York or any State department, agency, board, public benefit corporation, public authority or commission.
(89) Perennial stream means a watercourse that flows throughout the year from source to mouth.
(90) Pesticide means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans, or other animals, which the Commissioner of the New York State Department of Environmental Conservation shall declare to be a pest or (ii) any substance or mixture of substances intended as a plant regulator, defoliant or desiccant.
(91) Petroleum product means oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene.
(92) Phosphorus restricted basin means (i) the drainage basin of a source water reservoir in which the phosphorus load to the reservoir results in the phosphorus concentration in the reservoir exceeding 15 micrograms per liter, or (ii) the drainage basin of a reservoir other than a source water reservoir or of a controlled lake in which the phosphorus load to the reservoir or controlled lake results in the phosphorus concentration in the reservoir or controlled lake exceeding 20 micrograms per liter in both instances as determined by the Department pursuant to its annual review conducted under 15 RCNY § 18-48(e).
(93) Photic zone means the region of a lake that receives light, where photosynthesis takes place. The photic zone extends down to a depth where photosynthetic activity and respiration are balanced due to the available light, or to one percent surface illumination.
(94) Point source means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft, or landfill leachate collection system, from which pollutants are or may be discharged.
(95) Pollutant means unpermitted dredged spoil, solid waste, incinerator residue, sewage, effluent, garbage, sewage sludge, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, and industrial and municipal waste discharged into water.
(96) Portable toilet means a non-waterborne sewage system with offsite residual disposal, as identified in 10 NYCRR Appendix 75-A.
(97) Principal means an agency or person that owns 10 percent or more of the voting stock or has the ability to control a corporation, partnership or other entity.
(98) Qualifying municipal sewer use law means a local law or ordinance that includes provisions substantially similar to Articles 1 - 3, 5 - 7, 11 - 14 and the Appendix of the New York State Department of Environmental Conservation Model Sewer Use Law, dated 1994, or which the New York State Department of Environmental Conservation has otherwise accepted pursuant to the SPDES permit for the wastewater treatment plant served by a municipal sewer system.
(99) Radioactive material means any material in any form that emits radiation spontaneously.
(100) Redevelopment means the reconstruction or modification of any previously developed land such as residential, commercial, industrial, or road/highway, which involves soil disturbance. Redevelopment is distinguished from new development in that new development refers to soil disturbance on land which has not been developed. The term “redevelopment” specifically applies to areas previously developed with impervious surfaces.
(101) Regulated activity means any activity to which these rules and regulations apply, as described in subdivisions (a)-(d) of 15 RCNY § 18-14.
(102) Remediation means the repair or replacement, other than routine repair or maintenance as described in 15 RCNY § 18-38(b)(5)(iii) of Subchapter C, of a subsurface sewage treatment system. Remediation does not include alteration or modification as defined in these rules and regulations.
(103) Reserve absorption field means an area identified in the design for a subsurface sewage treatment system as suitable for infiltration of sewage to the soil by means of a network of pipes.
(104) Reservoir means any natural or artificial impoundment of water owned or controlled by the City which is tributary to the City Water supply system.
(105) Reservoir stem means any watercourse segment which is tributary to a reservoir and lies within 500 feet or less of the reservoir.
(106) Residential lot(s) means any parcel of land of five acres or less, any point on the boundary line of which is less than one-half mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purposes. Without limiting the generality of the foregoing, the term “residential” shall include temporary, seasonal and permanent residential use.
(107) Sediment means organic or mineral solids or colloids that are transported by the process of hydrologic, hydraulic, or atmospheric transport, including but not limited to erosion.
(108) Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture of sewage with industrial waste or any other waste as herein defined, shall also be considered “sewage” within the meaning of these rules and regulations.
(109) Sewer connection means the connection between a building, residence, or other structure and a sewer system except that any connection designed and intended to convey 2,500 gallons per day or more of sewage, industrial waste or other wastes shall be considered a sewer extension. Sewer connections designed to facilitate additional sewer connections, which are proposed on or after November 29, 2019, shall be considered sewer extensions.
(110) Sewer extension means newly constructed sewer pipe lines or conduits, and pumping stations and other constructions appurtenant thereto, designed to serve one or more sewer connections and to convey sewage, industrial waste or other wastes to a sewer system.
(111) Sewer system means pipe lines or conduits, pumping stations, and force mains, and all other constructions, devices, and appliances appurtenant thereto, including sewer extensions, used for conducting sewage, industrial waste or other wastes to a treatment facility.
(112) Silvicultural activity means the removal of selected trees within a specified boundary designated by the owner of the property so that adequate numbers of trees are left to provide seed and partial shade for the development of new tree seedlings, and when such activity is in accordance with Federal, State and local laws.
(113) Small quantity generator has the meaning set forth in 6 NYCRR § 370.2(b)(154).
(114) Solid waste means all putrescible and non-putrescible materials or substances that are discarded, abandoned, or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal, except where exempt from compliance with 6 NYCRR Part 360 as described in 6 NYCRR § 360.2(a)(3).
(115) Solid waste management facility means any facility employed beyond the initial solid waste collection process and managing solid waste, as defined in 6 NYCRR § 360.2.
(116) Source water reservoir means Ashokan, Cross River, Croton Falls, Kensico, New Croton, Rondout, and West Branch Reservoirs.
(117) SPDES flow parameter violation means two or more violations of a permitted State Pollutant Discharge Elimination System (SPDES) flow parameter limit during a consecutive six month period. A facility that operates less than 6 months per year will be deemed to have a SPDES flow parameter violation if the permitted SPDES flow parameter limit is violated one or more times during any consecutive four month period.
(118) State Pollutant Discharge Elimination System (SPDES) permit means a permit issued pursuant to Titles 7 and 8 of Article 17 of the Environmental Conservation Law.
(119) Stormwater means that portion of precipitation that is in excess of the evaporative or infiltrative capacity of soils, or the retentive capacity of surface features, that flows off the land by surface runoff or by subsurface interflow to watercourses, wetlands, reservoirs, reservoir stems and controlled lakes, i.e., that portion of the water supplied to surface drainage that is not groundwater or base flow.
(120) Stormwater bioretention practice means a stormwater management practice that uses landscaping and soils to treat stormwater runoff by collecting it in shallow depressions, before filtering through a fabricated planting soil media.
(121) Stormwater conveyance measure means a swale, drainage ditch, pipe, spillway, or other structure located outside a stormwater management practice that is used solely to transport water between stormwater management practices or to a watercourse or wetland. A stormwater conveyance measure constructed to convey stormwater, on a temporary basis, during active construction, which will not be used as a stormwater conveyance measure after construction is complete, is not considered a watercourse under this Chapter. A stormwater conveyance measure that contains water only during and immediately after a rainstorm or a snowmelt is not considered a watercourse.
(122) Stormwater infiltration practice means a stormwater management practice designed to collect and temporarily store runoff and to distribute that runoff to the underlying soil for treatment.
(123) Stormwater management practice means a stormwater pond, stormwater wetland (also known as a constructed wetland), infiltration system, filter practice, or open channel used primarily for managing and/or treating stormwater, including a Department approved alternative stormwater management practice.
(124) Stormwater Project Review Committee (“Committee”) means a Committee formed in each Town or Village in the watershed to assist the Department in implementing 15 RCNY § 18-39(b) and (c), and consisting of the following four Committee members: a representative of the Department, who shall act as chairperson; a representative of the New York State Department of Environmental Conservation from the region in which the activity requiring a stormwater pollution prevention plan is proposed to be located; a representative of the Town or Village in which the activity requiring a stormwater pollution prevention plan is proposed to be located or if no one is designated by the Town, or if the activity is proposed for a village, the Village, a representative of the appropriate County Planning Department, provided, however, that a Town, or if the activity is proposed for a village, the Village, may at any time designate a representative to replace the one designated by the County Planning Department; and a representative of the County Department of Health from the County in which the activity requiring a stormwater pollution prevention plan is proposed to be located, or in a County without a County Department of Health, a representative of the County Soil and Water Conservation Service.
(125) Stormwater retrofit means any construction of a structural stormwater management practice in a previously developed area, the modification of a structural stormwater management practice, or the implementation of a nonstructural practice to improve stormwater management and/or stormwater treatment over current conditions.
(126) Stratification means the physical condition caused primarily by temperature-created differences in water density, which results in the formation of a warm, surface layer (epilimnion), a zone of transition (metalimnion), and a cooler, deep layer of water (hypolimnion).
(127) Subdivision means any tract of land which is divided into five or more parcels of five acres or less, along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots. A tract of land shall constitute a subdivision upon the sale, rental or offer for sale or lease of the fifth residential lot therefrom within any consecutive three year period.
(128) Subsurface discharge means discharge to an absorption area, i.e., a process designed to allow filtered, treated sewage effluent to be discharged into the ground as a means of ultimate disposal.
(129) Subsurface sewage treatment system means any underground system used for collecting, treating, and disposing of sewage into the ground including, but not limited to, individual and intermediate sized sewage treatment systems, as defined in these rules and regulations.
(130) Superintendent, where used in connection with a municipality with a qualifying municipal sewer use law, means “superintendent” as defined in that law.
(131) Ten-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a ten percent chance of occurring in any given year, as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015).
(132) Terminal reservoir means Kensico, West Branch, New Croton, Ashokan and Rondout Reservoirs.
(133) Two-year, twenty-four hour storm means the storm, with a twenty-four hour duration, that statistically has a fifty percent chance of occurring in any given year, as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015).
(134) Ulster County Fill System means a subsurface sewage treatment system used in Ulster County which has been approved by the New York State Department of Health for use in Ulster County and which is built upon two (2) feet of in situ soil that has a percolation rate between 3 to 60 minutes/inch, and which uses at least four (4) feet of fill material, including at least three (3) feet between the bottom of the trench and the in situ soil, that has a percolation rate between 3 and 10 minutes/inch. Ulster County Fill Systems may be used on individual lots or in subdivisions in Ulster County and may also be used in a county other than Ulster if the New York State Department of Health has approved the system for use in such other county.
(135) Village means a territory which has been incorporated as a village pursuant to Article 2 of the New York State Village Law.
(136) Village extension means an area immediately adjoining a main road extending outside an existing village which has been designated as a village extension by a Town Board in the West of Hudson watershed and described in a Water Supply Permit duly issued by the New York State Department of Environmental Conservation or in any written agreement among the affected parties to the 1997 New York City Watershed Memorandum of Agreement, including the New York State Department of Environmental Conservation.
(137) Wastewater treatment plant means any facility which treats sewage or discharges treated effluent not intended to receive further treatment in the watershed, and which requires a permit under Titles 7 or 8 of Article 17 of the Environmental Conservation Law. A wastewater treatment plant is installed for the purpose of treating, neutralizing, stabilizing or disposing of sewage by removal of contaminants accomplished by unit operations or processes or by a combination of such operations and processes as may be applicable to a given design for a wastewater treatment plant. Wastewater treatment plants shall not include intermediate sized sewage treatment systems as defined in these rules and regulations.
(138) Water Quality Volume (WQv) means the storage needed to capture and treat 90% of the average annual stormwater runoff volume. WQv is calculated as follows:
WQv = (P)(Rv)(A) 12
where:
WQv = water quality volume (in acre-feet)
P = 90% Rain Event Number as set forth in the “New York State Stormwater Design Manual,” New York State Department of Environmental Conservation (2015).
Rv = 0.05 + 0.009(I), where I is percent impervious cover
A = site area in acres
(139) Water supply means the New York City public water supply system, and includes all watercourses, wetlands, reservoirs, reservoir stems and controlled lakes tributary thereto.
(140) Watercourse means a visible path through which surface water travels on a regular basis, including an intermittent stream, which is tributary to the water supply. A drainage ditch, swale or surface feature that contains water only during and immediately after a rainstorm or a snowmelt shall not be considered to be a watercourse.
(141) Watershed means the land area contributing surface water to the New York City water supply.
(142) Watershed Agricultural Council means the Watershed Agricultural Council for the New York City Watershed, Inc., a not-for-profit organization with its principal place of business at 33195 State Highway 10, Walton, New York 13856.
(143) West of Hudson watershed means the Ashokan, Cannonsville, Pepacton, Neversink, Rondout, and Schoharie Reservoirs and their drainage basins.
(144) Wetland means any area mapped as a wetland by the New York State Department of Environmental Conservation pursuant to the Environmental Conservation Law, which is at least 12.4 acres in size or has been designated as a wetland of unusual local importance.
(145) Winter highway maintenance materials means the solid compounds or the solutions that are commonly used for traction on, or for the abatement of, winter road ice, including, but not limited to, chloride compounds, and mixtures of sand and chloride compounds.
§ 18-17 References.
The following laws, guidance documents, regulations or technical material have been incorporated by reference in this Chapter 18. These references are available for inspection and copying at the Department of Environmental Protection, Bureau of Water Supply, Division of Water Quality, 465 Columbus Avenue, Valhalla, New York 10595, or can be directly obtained from the sources listed for the given reference.
(1) Federal Categorical Pretreatment Standards, 40 C.F.R. Part 403, 1992, Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.
(2) USDA Soil Conservation Service Soil Type Boundaries, USDA SCS, Room 771, Federal Building, 100 South Clinton Street, P.O. Box 7248, Syracuse, New York 13261-7248.
(3) National Engineering Handbook, Part 630, Chapter 7, Hydrologic Soil Groups, U.S. Department of Agriculture, National Resources Conservation Service, 2009, U.S. Department of Agriculture 1400 Independence Ave., Washington, D.C. 20250.
(4) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda), New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(5) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1, Total Maximum Daily Loads and Water Quality Based Effluent Limits , including Amendments A through E , New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(6) New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1B, Total Maximum Daily Loads and Water Quality-Based Effluent Limits, Amendments-Low and Intermittent Stream Standards , New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(7) New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Construction Activity, Permit No. GP-0-15-002, Effective January 29, 2015, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(8) New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, 2014, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(9) New York State Stormwater Design Manual, 2015, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(10) Model Sewer Use Law, 1994, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233.
(11) Recommended Standards for Wastewater Facilities, Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, 2014, Health Education Services, Health Education Services Division, P.O. Box 7126, Albany, New York 12224.
Subchapter B: Standards and Procedures For Regulated Activities and Noncomplying Regulated Activities
§ 18-21 Standards for Regulated Activities.
(a) The following general standards apply to all regulated activities unless specifically noted otherwise, whether or not the regulated activity also requires the review and approval of the Department. In addition, certain regulated activities must meet additional standards or procedures where specifically set forth in this subchapter or in other subchapters:
(1) All regulated activities shall be planned, designed, scheduled and conducted in such manner as to not constitute a source of contamination to or degradation of the water supply.
(2) The Department shall base its review and approval of any regulated activity on compliance with these rules and regulations, including the water quality standards set forth in Subchapter D, and shall additionally take into consideration the system specific water quality characteristics set forth in Appendix 18-B.
(3) The burden of demonstrating compliance with the requirements of these rules and regulations shall be on the person proposing to engage in a regulated activity. In the event that any person finds that compliance with any standard set forth in these rules and regulations is not possible, then she or he may apply for a variance in accordance with the provisions of Subchapter F of these rules and regulations. Variances may be granted provided that the Department makes the findings required by Subchapter F of these rules and regulations.
(4) Failure to comply with the conditions of any approval issued by the Department under these rules and regulations shall be a violation of these rules and regulations.
(5) The Department may order that a regulated activity cease, and/or a facility where such regulated activity is taking place be closed or removed, if such regulated activity is causing contamination to or degradation of the water supply, such that the activity is a threat to the life, health, or safety of water supply users that requires immediate corrective action. Any person who receives such an order may request a hearing on such order in the manner provided in 15 RCNY § 18-29.
§ 18-22 Procedures for Notification and/or Reporting.
Where any notification, application or reporting to the Department required by these rules and regulations is to be made in writing, it shall be sent by certified mail to both the local Department representative in the portion of the watershed in which the regulated activity takes place and to the Engineering Section. Addresses are listed in 15 RCNY § 18-15.
§ 18-23 Application Procedures and Requirements.
(a) These procedures shall apply to the following:
(1) Applications for review and approval of regulated activities, including renewals of approvals of regulated activities. An application for renewal of an approval of a regulated activity shall be submitted to the Department no less than 180 days prior to the expiration of the approval. This deadline shall apply unless stated otherwise in a special condition of the approval.
(2) Applications for review and approval of a substantial alteration or modification of any regulated activity;
(3) Applications for review and approval of any substantial alteration or modification of a noncomplying regulated activity; and
(4) Applications for variances pursuant to Subchapter F of these rules and regu- lations.
(1) No person shall undertake any activity listed in 15 RCNY § 18-14 which requires the review and approval of the Department without first obtaining written approval from the Department, except where a temporary emergency approval has been obtained from the Department pursuant to 15 RCNY § 18-24.
(2) Any person proposing to undertake any activity listed in 15 RCNY § 18-14 which requires the review and approval of the Department, shall submit to the Department, at the address of the Department representative for the area where the regulated activity is to be undertaken set forth in 15 RCNY § 18-15, an application for review and approval which includes a plan of the activity which meets the requirements of this Subchapter and any additional requirements for the specific activity set forth in these rules and regulations. Failure by the applicant to submit information to the Department or to follow the Department procedures set forth in these rules and regulations is sufficient grounds to deny the approval.
(3) Any person seeking approval of an activity may be subject to such terms and conditions as the Department may require, including time limitations and limitations on transfer of the approval given by the Department.
(4) (i) An applicant shall affirmatively state in the application whether any enforcement action has been commenced during the five (5) years preceding the application against the applicant, or any principal or affiliate of the applicant, for alleged violations of law related to the specific regulated activity for which the approval is sought, or related to the facility or site at which the activity is located. The applicant shall supply the following information with respect to each enforcement action: the agency or entity commencing the action, the date of commencement, the facility location and address where the alleged violation occurred, and disposition of the action.
(ii) Failure to fully and accurately disclose any material information required to be disclosed pursuant to subparagraph 4(i) shall be a basis for the Department to deny a permit application.
(iii) Failure to cure any adjudicated violation of this Chapter or any law, rule or regulation enforced by the Department shall be a basis to deny a permit application.
(iv) If the Department or the City has commenced an enforcement action against the applicant for violations of law related to the facility or site at which the activity for which the approval is sought is located, the Department may suspend processing of the application until such alleged violations are cured.
(5) Any property owner may request that the Department perform a site visit and evaluation to determine and flag the presence of a watercourse, reservoir, reservoir stem or controlled lake on the owner’s property. If the property owner supplies the Department with a surveyor’s map of the property which includes a representation of the flagged watercourses, reservoirs, reservoir stems or controlled lakes identified by the Department, the Department shall confirm or annotate the findings upon the surveyor’s map as soon as is practicable. A confirmed survey map shall be binding upon the Department for five years following the date of the confirmation.
(6) If an applicant for Department review and approval of a regulated activity requests that the Department conduct a site visit and evaluation to determine and flag the presence of a watercourse, reservoir, reservoir stem or controlled lake on the applicant’s property the Department shall do so as soon as is practicable. If the applicant supplies the Department with a surveyor’s map of the property which includes a representation of the flagged watercourses, reservoirs, reservoir stems or controlled lakes identified by the Department, the Department shall confirm or annotate the findings upon the surveyor’s map within 20 business days of receipt thereof. A confirmed survey map shall be binding upon the Department for five years following the date of the confirmation. The absence of a Department confirmed surveyor’s map will not cause an application to be considered incomplete.
(1) An application for the review and approval of any activity listed in 15 RCNY § 18-14 shall provide a description of the activity, the location and topography of the area of the activity, identification of any existing structures at the location, and any engineering, construction or other plans which detail the methods to be used in undertaking the activity such that it shall meet the requirements of this Subchapter and any additional requirements for the specific activity set forth in these rules and regulations.
(2) An application for review and approval of any activity listed in 15 RCNY § 18-14 shall include a copy of any Environmental Assessment Form (EAF), and either a Draft Environmental Impact Statement (DEIS) or a determination of nonsignificance by the lead agency, where such documents are prepared pursuant to Article 8 of the Environmental Conservation Law and the rules and regulations promulgated thereunder.
(3) When a regulated activity requires a related approval from any other agency or more than one approval from the Department, the application for review and approval shall include a list of such approvals which the applicant knows to be required, and a statement of the status of any required approval at the time of filing of the application with the Department.
(4) An application for review and approval of any regulated activity shall include the name, address, telephone number, email address, and fax number of the applicant or the applicant’s authorized representative, and of the design professional(s), if any, involved in preparing the application.
(1) The applicant proposing to engage in any activity listed in 15 RCNY § 18-14 which requires the review and approval of the Department shall certify in writing that she or he believes that the application is complete and in compliance with the requirements of this Subchapter and any additional requirements for the specific activity set forth in these rules and regulations.
(2) An application is complete when it is determined by the Department to contain sufficient information for the purpose of commencing review of the application. The Department retains the right to seek additional information in order to enable the Department to make a determination pursuant to these rules and regulations. Within ten (10) days of receiving an application for review and approval of a conventional individual sewage treatment system to be installed on an individual lot which is not within a subdivision, or within twenty (20) days of receiving any other type of application for review or approval, the Department shall either:
(i) Notify the applicant in writing that the application is complete and that the Department shall commence its review; or
(ii) Notify the applicant in writing that the application is incomplete and specifically request all additional information from the applicant as the Department deems necessary. If additional information is requested or comments are issued by the Department that need to be addressed by the applicant, the twenty (20) day period described in paragraph (d)(4) of this subdivision or the forty-five (45) day period described in paragraph (d)(5) of this subdivision shall not commence to run. The Department shall notify the applicant in writing within ten (10) days of receiving the additional information that has been requested either that the application is complete and that the Department has commenced its review or that further information is required.
(iii) Except in cases where the applicant has submitted false or misleading information or where a change in relevant law has occurred or changes have been proposed for the project, the Department may require further information based only upon the additional information submitted by the applicant or new issues raised by such information. In addition, the Department may also require further information based on a change in ownership of the property, the identity of the applicant, or the identity of the applicant’s owners, principals, shareholders, directors, or officers.
(3) If the Department fails to notify an applicant in writing of its determination as to the completeness or incompleteness of the application within the time periods set forth in paragraph (d)(2) of this subdivision, the applicant may notify the Department of its failure by means of certified mail, return receipt requested, to the local Department representative identified in 15 RCNY § 18-15 who is responsible for processing the application and a copy to the Engineering Section. If the Department fails to notify the applicant of its determination as to the completeness or incompleteness of the application within ten (10) business days of receiving the notice, the application shall be deemed complete as of the eleventh day.
(4) The Department shall notify the applicant in writing of its determination within twenty (20) days of determining that an application for review and approval of a conventional individual sewage treatment system to be installed on an individual lot which is not within a subdivision is complete pursuant to the procedures set forth in paragraph (d)(2) of this subdivision unless the Department and the applicant mutually agree in writing upon an extension of the twenty (20) day review period. If, during the twenty (20) day review period, the Department requests revisions to the application, the review period shall be suspended from the date such request is made until the date on which the Department receives such revisions, provided that the Department shall have no fewer than ten (10) days from the date of receipt to issue a determination.
(5) For all applications for review and approval, other than for a conventional individual sewage treatment system to be installed on an individual lot which is not within a subdivision, the Department shall notify an applicant in writing of its determination within forty-five (45) days of notifying the applicant that the application is complete pursuant to the procedures set forth in paragraph (d)(2) of this subdivision unless the Department and the applicant mutually agree in writing upon an extension of the forty-five (45) day review period. If, during the forty-five (45) day review period, the Department requests revisions to the application, the review period shall be suspended from the date such request is made until the date on which the Department receives such revisions, provided that the Department shall have no fewer than ten (10) days from the date of receipt to issue a determination.
(6) If the Department fails to notify an applicant in writing of its determination within the twenty (20) day time period as set forth in paragraph (d)(4) of this subdivision or the forty-five (45) day time period as set forth in paragraph (d)(5) of this subdivision, the applicant may notify the Department of its failure by means of certified mail, return receipt requested to the local Department representative identified in 15 RCNY § 18-15 who is responsible for processing the application and a copy to Regulatory and Engineering Programs. The notice shall contain the applicant’s name, location of the proposed project, the office in which the application was filed, and a statement that a decision is sought in accordance with this subdivision. Any notice failing to provide this information will not invoke this provision.
(i) If the Department fails to notify the applicant of its decision within ten (10) business days of the receipt of such notice, the application shall be deemed approved subject to the standard terms and conditions applicable to such an approval.
(7) Notwithstanding the time period for notifying an applicant of the Department’s determination specified in paragraphs (d)(4), (d)(5) and (d)(6) of this section, if a lead agency has determined that a project may have a significant effect on the environment for purposes of the State Environmental Quality Review Act (SEQRA), such time periods shall be suspended pending receipt from the lead agency of either a Final Environmental Impact Statement (FEIS) or a determination of nonsignificance. Upon receipt of either document, the time periods shall resume, provided, however, that the Department shall have at least twenty (20) days to notify an applicant of its determination.
(8) Notwithstanding the time periods for decisions specified in this subdivision, the Department may condition an approval on the applicant providing satisfactory proof of any bonds required by the Department within thirty days of the applicant receiving the conditional approval from the Department.
(9) Any notice required or permitted to be given by the Department under this Subchapter shall be given in such manner designed to reach the applicant, as the Department deems appropriate, and may include, but is not limited to, regular mail, certified mail return receipt requested, or telecopier.
§ 18-24 Emergency Procedures.
(a) Notwithstanding any other provision of this Subchapter, where an expedited review and approval of a regulated activity is necessary to respond to an imminent threat to the health and safety of humans or animals, or to respond to a substantial imminent threat to property, an applicant seeking such review and approval shall notify the Department by telephone at the office of the local representative listed in 15 RCNY § 18-15, and shall meet with the Department within 24 hours. At the meeting the applicant shall present to the representative of the Department such available information regarding the regulated activity as would otherwise be required in a written application for review and approval of the regulated activity. Additionally, the applicant shall provide an explanation of the nature of the imminent threat that necessitates the expedited review. The Department shall review the information supplied by the applicant and shall issue a temporary determination to approve or disapprove the application within 24 hours of receipt of the information required by this subdivision.
(1) An applicant shall not be required to notify the Department before undertaking the routine repair and maintenance of a subsurface sewage treatment system, including, but not limited to, the pump-out of a septic tank, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage.
§ 18-25 Optional Pre-application Conference.
(a) If a proposed regulated activity requires one or more Department reviews or approvals, or the preparation of an Environmental Impact Statement pursuant to the State Environmental Quality Review Act, the prospective applicant may request an optional pre-application conference with the appropriate Department staff as a means of clarifying application procedures to be followed in order to comply with the requirements set forth in these rules and regulations.
(1) A description of the proposed regulated activity, a site plan or sketch showing the location and topography of the area of the activity, identification of any existing structures at the location, and any engineering, construction or other plans which describe the methods to be used to meet the requirements of these rules and regulations;
(2) A statement of the prospective applicant’s timetable and financial plans for carrying out the proposed regulated activity, if known;
(3) A statement of any governmental financial aid, facilities, or other assistance which the prospective applicant expects to be provided or plans to request for the regulated activity; and
(4) Such other information as the Department deems reasonably necessary.
§ 18-26 Modification, Suspension or Revocation of Approvals and Variances.
(a) An approval or variance issued by the Department pursuant to these rules and regulations may be modified, suspended or revoked at any time upon the Department's initiative, on any of the grounds set forth in paragraphs (1) through (5) of this subdivision.
(1) Materially false or inaccurate statements in the approval or variance application or supporting documents;
(2) Failure by the person named in the approval or variance to comply with any terms or conditions of the approval or variance;
(3) The scope of the project, as described in the application, is exceeded;
(4) Newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or rules and regulations since the issuance of the existing approval or variance; or
(5) Noncompliance with previously issued approval or variance conditions, orders of the Commissioner, or with any provisions of the rules and regulations of the Department related to the activity.
(1) Rescind the notice of intent based on a review of the information provided by such person;
(2) Confirm the Department’s intent to modify, suspend, or revoke the approval or variance as stated in the notice of intent; or
(3) Amend the Department’s notice of intent, specifying the Department’s revised intent to modify, suspend, or revoke the approval or variance.
(1) Form and content of petition. The petition must state the name, address, and email address of the petitioner and must include a short and plain statement of the matters to be heard by OATH. The following documents must be included with the petition: the Department’s notice of intent to modify, suspend, or revoke the approval or variance; the petitioner’s statement giving reasons why the approval or variance should not be modified, suspended or revoked; the Department’s confirmation or amendment of its intent; and a completed OATH intake sheet. Blank intake sheets are available from the Department.
(2) Department response. Within twenty (20) days of receipt of the petition, the Commissioner may respond to the petition. If the Commissioner responds, the Commissioner must include the record on which the determination was based. A copy of any response shall be sent to the petitioner.
(3) Proceedings before the OATH Trials Division. Upon receipt of the petition for a hearing, OATH shall promptly schedule a hearing at a time and date which shall not be less than thirty (30) days, nor exceed one hundred twenty (120) days, from the date of receipt by OATH of the petition for a hearing unless the parties and the ALJ agree to another date. The hearing may be held in the district of the Department where the activity that is the subject of the order is located, except that hearings may be held at the Department’s offices in Kingston, New York for petitions relating to regulated activities in the East of Hudson watershed and at the Department’s offices in Kingston, New York for petitions relating to regulated activities in the West of Hudson watershed. The hearing may also be held by video conferencing or other electronic means, or as otherwise agreed to by the parties and the ALJ. Notice of such hearing shall be provided in writing to the petitioner and to the Department.
(4) Burden of proof. The Department shall have the burden of proving, by a preponderance of the evidence, facts supporting the modification, suspension or revocation.
(5) The hearing shall be held before an OATH ALJ. The ALJ shall cause a record of the hearing to be made, and shall make a recommendation to the Commissioner within thirty (30) days of the close of the hearing record, setting forth the appearances, the relevant facts and arguments presented at the hearing, findings of fact and conclusions of law, and a recommendation as to whether approval or variance should be modified, suspended, or revoked and the reasons therefor. A transcript of the record of the hearing shall be made available at the petitioner’s request and expense.
§ 18-27 Noncomplying Regulated Activities.
(a) General requirements.
(1) A noncomplying regulated activity may be continued except where specifically prohibited from continuing by these rules and regulations.
(2) A noncomplying regulated activity shall come into compliance with these rules and regulations where specifically required to do so by these rules and regulations.
(3) Should any noncomplying regulated activity cause contamination to or degradation of the water supply, such that the activity is a threat to the life, health, or safety of water supply users, the Commissioner may order that such noncomplying regulated activity conform either in whole or in part to the requirements of these rules and regulations, immediately or within a limited period of time at the Commissioner’s discretion, or be discontinued immediately. Any person who receives such an order may request a hearing on such order in the manner provided in 15 RCNY § 18-29.
(4) Any owner or operator of a noncomplying regulated activity who was not required by these rules and regulations to notify the Department pursuant to paragraph (1) of subdivision (b) of this section, may request, in writing, a determination from the Department that such property or activity is a noncomplying regulated activity. The written request shall include a description of the property or activity and its location, and the name, telephone number, and email address of a contact person. The Department shall determine, based upon the submission, whether the property or activity is a noncomplying regulated activity, and shall notify the owner or operator of such determination in writing.
(1) No noncomplying regulated activity involving storage of hazardous substances, storage of petroleum products, or the siting of junkyards and solid waste management facilities shall be substantially altered or modified without the prior review and approval of the Department. The Department shall review and approve such an alteration or modification in accordance with the standards and procedures set forth in Subchapter F (variances).
(i) Such a noncomplying regulated activity may be reduced in size or extent, or replaced with a regulated activity that complies with the provisions of these rules and regulations, without such review and approval provided that such reduction does not cause any increase in any existing discharge or any increase in the potential for contamination to or degradation of the water supply.
(2) In the case of storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities, a noncomplying regulated activity must come into compliance with these rules and regulations if, for any reason, there is discontinuation for a period of two consecutive years. If it cannot come into compliance, it must permanently desist. A period of discontinuation shall commence on the date when regular or seasonal use ceases. Incidental or illegal use of an unoccupied structure shall not be sufficient to interrupt a period of discontinuation, and intent to resume a noncomplying regulated activity shall not confer the right to do so. The burden of proof for showing that a noncomplying regulated activity has not been substantially discontinued shall be on the owner or operator.
§ 18-28 Appeals.
(a) An applicant may appeal a final determination issued by the Department under these rules and regulations by filing a petition in writing with the Department and with the New York City Office of Administrative Trials and Hearings, Trials Division ("OATH") within thirty (30) days of the date the determination was mailed. The petition shall state the name, address, and email address of the petitioner and shall include a short and plain statement of the matters to be adjudicated, identifying the approval or variance sought by the petitioner with citation to the applicable provisions of these rules and regulations, the regulated activity for which the Department issued the determination, the proposed location of the activity, and the date of the Department's determination. The petition should also indicate whether the petitioner is requesting a hearing. A copy of the determination being appealed shall be attached to the petition. In addition, a completed OATH intake sheet shall be included with the petition. Blank intake sheets are available from the Department.
(1) A denial of an application for approval of a regulated activity.
(2) A denial of an application for a variance.
(3) The imposition of a substantial condition in an approval of a regulated activity.
(4) The imposition of a substantial condition in a grant of a variance.
(1) Whether the regulated activity proposed by the petitioner will be in compliance with the requirements of these rules and regulations.
(2) Whether the imposition of a substantial condition in an approval of a regulated activity is appropriate to ensure that the regulated activity will comply with the requirements of these rules and regulations.
(3) Whether the Commissioner has abused his or her discretion in denying a request for a variance or in imposing a substantial condition in a grant of a variance.
(4) Except where the Department has acted as lead agency, the ALJ shall not review any issues relating to compliance with the State Environmental Quality Review Act (SEQRA).
(2) A petitioner may request a hearing on appeals from all other determinations issued by the Department. If a petitioner does not request a hearing, the petition shall be decided on the record before the Department in its review of the application and any other written submissions allowed by the ALJ.
(i) The hearing may be held in the district of the Department in which the regulated activity was proposed to be located, except that hearings may be held at the Department’s offices in Valhalla, New York for appeals relating to regulated activities in the East of Hudson watershed and at the Department’s offices in Kingston, New York for appeals relating to regulated activities in the West of Hudson watershed. The hearing may also be held by video conferencing or other electronic means, or as otherwise agreed to by the parties and the ALJ.
§ 18-29 Hearings on Cease and Desist Orders.
(a) Any person who receives a cease and desist order may request a hearing on the order by submitting a petition in writing to the Commissioner and to the Office of Administrative Trials and Hearings, Trials Division ("OATH") within seven (7) days of receipt of the cease and desist order. The petition for a hearing shall state the name, address, and email address of the petitioner and shall include a short and plain statement of the matters to be adjudicated, identifying the activity that is the subject of the order, the location of the activity, and the date of the cease and desist order. A copy of the order shall be attached to the petition. In addition, a completed OATH intake sheet shall be included with the petition. Blank intake sheets are available from the Department.
§ 18-30 State Environmental Quality Review Act (SEQRA).
The following activities are deemed by the Department to be “Type II” actions under SEQRA and its implementing regulations, and the Department shall not require an environmental impact statement or any other determination or procedure under SEQRA for these activities:
Subchapter C: Regulated Activities
§ 18-31 Pathogenic Materials.
Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of pathogenic materials into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this section that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
§ 18-32 Hazardous Substances and Hazardous Wastes.
(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of hazardous substances or hazardous wastes into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(1) The owner or operator shall submit to the Department a copy of any registration forms required by 6 NYCRR § 596.2(d) and (e) and any notification forms required by 6 NYCRR § 596.2(f) at the time such forms are submitted to the New York State Department of Environmental Conservation. When, on an emergency basis, new storage tanks are installed or existing storage tanks are substantially modified in order to protect public health, safety or the environment, the owner or operator shall notify the Department no later than two hours after the decision is made by the owner or operator to install or substantially modify the tank.
(2) The owner or operator shall submit to the Department a copy of any spill prevention report required to be prepared or updated by 6 NYCRR § 598.1(k), within thirty (30) days of preparing or updating such report.
(3) Failure to comply with the provisions of 6 NYCRR § 596.6 (spill response, investigation and corrective action) is a violation of these rules and regulations.
(4) Failure to comply with 6 NYCRR Part 599 (Standards for New or Modified Hazardous Substance Storage Facilities) is a violation of these rules and regulations.
(1) The storage of any hazardous substance that is a noncomplying regulated activity, including the replacement in kind of an existing storage tank provided that the replacement tank is designed and installed in compliance with Federal, State and local law. To the extent practicable, the new tank shall be located outside of the limiting distances of 100 feet of a watercourse or wetland, or outside of the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake;
(2) The storage of hazardous substances where such storage is necessary to operate a wastewater treatment plant approved by the Department; and
(3) The storage of hazardous substances where such storage is made necessary by construction of a new facility or the alteration or modification of an existing facility used in connection with the operation of a public water supply system.
§ 18-33 Radioactive Materials.
Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of radioactive materials into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this section that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
§ 18-34 Petroleum Products.
(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of petroleum products into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(1) The storage of any petroleum products that is a noncomplying regulated activity; (2) The storage of petroleum products for agricultural purposes;
(3) The replacement in kind of existing petroleum storage facilities or tanks;
(4) The storage of petroleum products where such storage is necessary to operate a wastewater treatment plant approved by the Department; and
(5) The storage of petroleum products where such storage is made necessary by construction of a new facility or the alteration or modification of an existing facility used in connection with the operation of a public water supply system.
§ 18-35 Human Excreta, Holding Tanks, and Portable Toilets.
(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of human excreta, or a discharge, or storage which is reasonably likely to lead to a discharge, from a holding tank, into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(1) Such holding tanks must have a capacity equal to at least five (5) days’ design flow, with a minimum capacity of 1,000 gallons.
(2) Such holding tanks must be equipped with an alarm (audible and visible) located in a conspicuous place to indicate when pump-out is necessary.
(3) Such holding tanks must be designed, installed and maintained in a manner to promote ease of access for pumping and cleanup.
(4) If such holding tanks will be used in the winter, the tanks must be protected from freezing.
(1) The owner of such a holding tank must have and maintain an agreement with a professional hauler for disposal of waste at a facility that is permitted to accept septage, as defined in 6 NYCRR Part 364.
(2) Such holding tanks must have a capacity equal to at least twice the volume of waste to be generated between anticipated removal dates, with a minimum capacity of 1,000 gallons.
(3) Such holding tanks must have a high-level alarm positioned to allow storage of at least three days’ volume of waste after activation.
(4) If such holding tanks will be used in the winter, the tanks must be protected from freezing.
§ 18-36 Wastewater Treatment Plants.
(a) Minimum requirements.
(1) Unless otherwise permitted by these rules and regulations, the design, construction, or operation of a wastewater treatment plant is prohibited where such design, construction, or operation causes a discharge, or storage which is reasonably likely to lead to a discharge, of sewage or sewage effluent into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(2) The design of new wastewater treatment plants, and the plans and specifications resulting from that design, require the review and approval of the Department. New wastewater treatment plants must be constructed in accordance with the plans and specifications approved by the Department.
(3) The design for an expansion or an alteration or modification of wastewater treatment plants, and the plans and specifications resulting from that design, require the review and approval of the Department. Any expansion or alteration or modification of a wastewater treatment plant must be constructed in accordance with the plans and specifications approved by the Department.
(4) The owner or operator of a wastewater treatment plant shall operate and maintain the wastewater treatment plant in accordance with the operations and maintenance manual for the plant. Such manual shall be prepared by the owner and approved by the Department. Such manual shall be prepared or revised, and submitted to the Department for approval, within ninety (90) days after construction, expansion, alteration or modification of a wastewater treatment plant is completed.
(5) No new wastewater treatment plants with a surface discharge, or expansion or alteration or modification of wastewater treatment plants, shall cause a contravention of the water quality standards set forth in Subchapter D of these rules and regulations or the phosphorus water quality values set forth in the New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda).
(6) No part of any seepage unit or absorption area for a subsurface discharge from a wastewater treatment plant shall be located within the limiting distance of 100 feet of a watercourse or wetland or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake.
(7) Wastewater treatment plants with surface discharges into the watershed shall be capable of achieving 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of enteric viruses.
(8) Wastewater treatment plants with either surface or subsurface discharges within the watershed shall provide phosphorus removal using the best treatment technology so that the wastewater treatment plant is designed to be operated and maintained to meet the following requirements:
| SPDES Permitted Total Flow(Gallons/day) | Total Phosphorus Limit(mg/l) |
|---|---|
| ≤ 50,000 | 1.0 |
| > 50,000 and < 500,000 | 0.5 |
| ≥ 500,000 | 0.2 |
~
(9) Wastewater treatment plants with surface discharges to intermittent streams in the watershed shall be operated and maintained to meet the intermittent stream effluent limits set forth in the New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1, Total Maximum Daily Loads and Water Quality-Based Effluent Limits , including Amendments A through E , and New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1B, Total Maximum Daily Loads and Water Quality-Based Effluent Limits, Amendments-Low and Intermittent Stream Standards , provided however, that the effluent limit for a discharge of a pollutant to an intermittent stream shall in no case be less stringent than the effluent limit which would apply to the same discharge of the pollutant to the first downstream perennial stream.
(10) Within one year of the effective date of these rules and regulations, the owners of all existing wastewater treatment plants shall submit to the Department for review and approval an operations and maintenance plan and a schedule setting forth a plan for bringing the wastewater treatment plant into compliance with all of the requirements of this section. Any such plan that is disapproved by the Department shall be revised and resubmitted to the Department for review and approval within ninety (90) days after the initial disapproval. Owners of existing wastewater treatment plants must secure final Department approval of such operation and maintenance plans and such a schedule setting forth a plan for bringing the plant into compliance by no later than eighteen (18) months from the effective date of these rules and regulations, and must complete all work in order for such plants to be brought into compliance with the requirements of this section by no later than five (5) years from the effective date of these rules and regulations or any extended period of time approved by the Department upon good cause shown.
(11) Existing wastewater treatment plants with surface discharges are prohibited from expanding if they are located in an area where new wastewater treatment plants with surface discharges are prohibited by these rules and regulations. This paragraph shall not apply to existing wastewater treatment plants which discharge subsurface or the expansion of existing wastewater treatment plants where the expanded portion discharges subsurface.
(12) Existing wastewater treatment plants with surface discharges may expand if they are located in an area where new wastewater treatment plants with surface discharges are allowed by these rules and regulations. The plans submitted to expand the wastewater treatment plant shall meet all of the requirements of this section.
(13) Existing wastewater treatment plants with subsurface discharges may expand. The expanded portion of such wastewater treatment plants shall meet all of the design standards and other requirements of this section.
(14) Any approval of a new or expanded wastewater treatment plant issued by the Department shall expire and thereafter be null and void unless construction is completed within five (5) years of the date of issuance of such approval or any extended period of time approved by the Department upon good cause shown. Following expiration of the approval, the plans for the wastewater treatment plants may be resubmitted to the Department for consideration for a new approval.
(1) The map indicating the demarcation line for the watershed areas that are located within the 60 day travel time to intake appears in Appendix 18-A. Large detailed maps of such areas are available to be reviewed by the public during business hours at the regional offices listed in 15 RCNY § 18-15.
(2) Within the 60 day travel time to the intake the following requirements are applicable:
(i) New wastewater treatment plants with surface discharges, or expansions of existing wastewater treatment plants with surface discharges, are prohibited except as provided in 15 RCNY § 18-82(e). A variance from this provision may be sought in accordance with the requirements set forth in 15 RCNY § 18-61(e);
(ii) Existing wastewater treatment plants with SPDES permitted surface discharges may continue to operate provided the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration, disinfection, phosphorus removal, and microfiltration or a Department-approved equivalent technology to microfiltration, as required by these rules and regulations;
(iii) Wastewater treatment plants with subsurface discharges may commence or continue to operate provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration and phosphorus removal, and for SPDES permitted discharges greater than 30,000 gallons per day (gpd), disinfection, as required by these rules and regulations.
(1) The map indicating the demarcation line for the watershed areas that are located beyond the 60 day travel time to intake appears in Appendix 18-A. Large detailed maps of such areas are available to be reviewed by the public during business hours at the regional offices listed in 15 RCNY § 18-15.
(2) Beyond the 60 day travel time to the intake the following requirements are applicable:
(i) New wastewater treatment plants with surface discharges into a reservoir, reservoir stem, controlled lake, or wetland are prohibited;
(ii) All new surface discharges into a watercourse, and any existing wastewater treatment plants with SPDES permitted surface discharges may commence or continue to operate, provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration, disinfection, phosphorus removal, and microfiltration or a Department-approved equivalent technology to microfiltration, as required by these rules and regulations;
(iii) Wastewater treatment plants with subsurface discharges may commence or continue to operate, provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration and phosphorus removal, and for SPDES permitted discharges greater than 30,000 gallons per day (gpd), disinfection, as required by these rules and regulations.
(1) This subdivision (f) shall apply to wastewater treatment plants.
(2) The criteria used by the Department to approve the design for any new wastewater treatment plant or the portion of any wastewater treatment plant which is being expanded or altered or modified shall be all applicable requirements of law, including the standards set forth in the following documents:
(i) “New York State Design Standards for Intermediate Sized Wastewater Treatment Systems” New York State Department of Environmental Conservation (2014); and
(ii) “Recommended Standards for Wastewater Facilities,” Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014).
(3) The Department shall not approve a wastewater treatment plant, or any proposed expansion of a wastewater treatment plant, which discharges within the watershed, if there is inflow or infiltration into a sewer system connected to such wastewater treatment plant which causes either:
(i) The State authorized flow limit of the wastewater treatment plant to be exceeded; or
(ii) The strength of the sewage influent to the wastewater treatment plant to be diluted to a level that adversely affects the efficacy of the State permitted and Department approved treatment process.
(4) The Department shall not approve a wastewater treatment plant, or any proposed expansion of a wastewater treatment plant, if there is an indication of exfiltration from a sewer system connected to such wastewater treatment plant.
(5) All wastewater treatment plants shall meet the following requirements to insure uninterrupted reliable operation:
(i) All wastewater treatment plants shall provide standby power units sufficient to run the entire plant in order to ensure uninterrupted reliable operation in the event of utility power failure and these units shall be equipped with an alarm and automatic start-up capability.
(ii) All vital plant structures, mechanical and electrical equipment of wastewater treatment plants located or designed within the 100-year flood plain shall be protected from damage from a 100-year flood that may affect or disrupt its function or general performance. Such structures and equipment shall remain fully operational in a 25-year flood.
(iii) The disinfection system shall be provided with backup units, an alarm and equipment that will insure processing of the plant flow without interruption and the backup electrical and/or mechanical equipment shall be equipped with automatic start-up capability.
(iv) Sand filtration or a Department-approved alternative technology to sand filtration shall be implemented in units of sufficient number and size to ensure that the flow they are designed to accommodate, consistent with the “New York State Design Standards for Intermediate Sized Wastewater Treatment Systems,” New York State Department of Environmental Conservation (2014) and/or the “Recommended Standards for Wastewater Facilities,” Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014), can be processed in the event that the largest such unit is off line;
(v) All wastewater treatment plants must be equipped with a flow meter that includes a recording device; and
(vi) All alarm systems shall require telemetering to a central location with around the clock operator presence or, in the alternative, to an operator’s residence so that a response shall be initiated immediately.
(6) The following requirements shall apply to all wastewater treatment plants with subsurface discharges or absorption areas located in the watershed:
(i) The loading rate to the absorption trench may be 25 percent greater than that required under the design standards listed in subdivision (f)(2) of this section;
(ii) An additional area of at least 50 percent of the absorption area shall be set aside as a reserve area;
(iii) At a minimum, one percolation and one deep hole test shall be performed in both the primary absorption area and in the reserve absorption area. An applicant shall notify the Department in writing at least 7 business days prior to performance of such tests, and specify the location and the time of the tests. At the option of the Department, a Department representative may witness these tests; and
(iv) The use of pumping, mechanical dosing or other mechanical devices requires a pump chamber equipped with an alarm to indicate malfunction, a backup pump, and any other safety features required by the Department to prevent overflow.
(7) (i) All owners or operators of Department approved wastewater treatment plants in the watershed shall, prior to commencement of construction of such wastewater treatment plants, deposit with the Department a performance bond for the completion of the construction of the wastewater treatment plant and an additional bond or other guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, prior to commencement of operation of the approved wastewater treatment plant, the owners or operators of the approved wastewater treatment plant shall provide a surety bond, or a reasonable guaranty, that they shall continue to maintain and operate the system for a period of five years. The surety bond or guaranty shall be in an amount sufficient to insure the full and faithful performance by the owners or operators of the wastewater treatment plants, and their successors and assigns, with regard to their obligation to properly maintain and operate the wastewater treatment plants in accordance with all requirements of law and according to the conditions set by the Department in its approval; provided, however, that such surety bond or guaranty shall not be required by the Department where the owners or operators of the wastewater treatment plant have provided a surety bond or guaranty for the maintenance and operation of the wastewater treatment plant to the local governing body, in an amount necessary to insure the full and faithful performance of the operation and maintenance of the wastewater treatment plant; provided further, that such surety bond or guaranty shall not be required where the owner or operator of the wastewater treatment plant is a village, town, county or city. The Commissioner may, at his or her discretion, increase the amount of such surety bond or guaranty, but not to exceed an amount necessary to insure the full and faithful performance of the operation of the wastewater treatment plant. All such bonds shall be prepared on the forms of bonds authorized by the City of New York and shall have as a surety such company or companies that shall be approved by the City of New York and are authorized to do business in the State of New York.
(ii) The Commissioner may authorize the provision of other security, including cash, if the Commissioner finds that compliance with the bond requirement is not reasonably possible and the public interest would be served by such authorization. The alternative security shall be deposited with the Comptroller of the City of New York.
(iii) Whenever an owner or operator of a wastewater treatment plant deposits securities or other obligations with the City of New York, in lieu of a performance bond, it shall be with the understanding that the Comptroller of the City of New York, or his or her successors, may sell and use the proceeds thereof for any purpose for which the principal or surety on such bond would be liable under the terms of the approval. If money is deposited with the Comptroller, the owner or operator of the wastewater treatment plant shall not be entitled to receive interest on such money from the City of New York.
(8) The transfer of any approval or permit issued by the Department for the construction and/or operation of any wastewater treatment plant shall require Department approval. The Department shall approve such transfer provided that the transferee demonstrates sufficient financial, technical, and professional capability to construct, operate and/or maintain the subject wastewater treatment plant in compliance with applicable laws, as cited in 15 RCNY § 18-36(a)(1), the provisions of these rules and regulations, and the terms and conditions of any approval or permit granted by the Department.
(1) An application for review and approval of a new wastewater treatment plant shall include the following information:
(i) A Department application form and an Environmental Assessment Form (EAF Long Form);
(ii) A facility plan which shall include: a description of the project, flow and waste load estimations, site characteristics, evaluation of existing system, if applicable, and existing local or related facilities, including any related water quality problems, examination of the project service area, estimation of growth, examination of alternative solutions and explanation of why the proposed option was chosen, analysis of potential impacts, analysis of hydraulic and organic capacities (including Waste Assimilation Capacity analysis), description of unit processes and explanation of sizing, operation under emergency conditions, and sludge processing, storage and disposal methods, estimation of costs, proposed financing methods and anticipated user fees, outline of operation and maintenance requirements (including cost projections), and regulatory review and permitting requirements;
(iii) An engineering plan which shall include: location plan, site plan, schematic of plant hydraulic profile, piping schematic, location, dimension and elevations of plant process units and appurtenances, mechanical system layout, electrical system layout, and erosion and sediment control and stormwater management plan.
(iv) Construction specifications, including material and equipment specifications;
(v) Construction schedule;
(vi) In cases where a draft environmental impact statement (“DEIS”) is to be prepared for an activity and the DEIS complies with the requirements of Article 8 of the Environmental Conservation Law and the regulations promulgated thereunder, and includes the information required in this part, the DEIS may constitute all or part of the application for review and approval under this part. In such case the applicant will provide the Department with notice and a copy of the DEIS; however, no approval shall be issued by the Department prior to review of the FEIS and issuance of a finding to approve; and
(vii) A copy of the draft SPDES permit, if any, and, when issued, a copy of the final SPDES permit. Copies of any revisions to the draft SPDES permit shall also be provided to the Department as they become available to the applicant.
(2) An application for review and approval of an expansion or of an alteration or modification of a wastewater treatment plant shall include all of the information required in subdivision (g)(1) of this section where applicable, and shall either:
(i) Certify that the wastewater treatment plant is in compliance with all of the requirements of this section, and all requirements of its SPDES permit; or
(ii) Certify that a schedule for the wastewater treatment plant to come into compliance with the requirements of this section and with the requirements of its SPDES permit has been submitted to the Department for approval. A copy of such compliance schedule shall be attached to the application.
(3) All approvals for new or expansion of existing wastewater treatment plants are conditioned on the applicant’s submission of record drawings once construction is complete.
§ 18-37 Sewer Systems, Sewer Connections and Discharges to Sewer Systems.
(a) Combined sewer systems are prohibited from discharging within the watershed.
(1) The owner of any individual residence that will be served by a new sewer connection, or by an alteration or modification of a sewer connection, shall notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. If specifically requested by the Department, the owner shall submit to the Department all plans or designs for such sewer connection or for such alteration or modification.
(2) The owner of a structure other than an individual residence that will be served by a new sewer connection, or by an alteration or modification of a sewer connection, to a sewer system that is subject to a qualifying municipal sewer use law shall:
(i) provide to the Department, at least 48 hours prior to the installation of such sewer connection or of such alteration or modification, a written permit from the superintendent of the sewer system authorizing such connection; and
(ii) notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work.
(3) The plans for a new sewer connection, or for an alteration or modification of a sewer connection, to a sewer system for a treatment facility with a SPDES permit, which is not subject to a qualifying municipal sewer use law, from a structure other than an individual residence, require review and approval of the Department. As a condition of approval, the Department will require the applicant to notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. An application for review and approval of such a new sewer connection or alteration or modification of a sewer connection must include:
(i) A written statement from the owner or operator of the treatment facility certifying that the new sewer connection or alteration or modification of a sewer connection will not require a modification of the treatment facility’s SPDES permit, and
(ii) Plans and specifications for the sewer connection.
(4) New sewer connections, or alterations or modifications of sewer connections, to treatment facilities that do not have SPDES permits shall be reviewed in accordance with 15 RCNY § 18-37.
(1) “New York State Design Standards for Intermediate Sized Wastewater Treatment Systems,” New York State Department of Environmental Conservation (2014);
(2) “Recommended Standards for Wastewater Facilities,” Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014);
(3) 19 NYCRR Part 1222 (Plumbing Code of New York State).
(1) The SPDES authorized flow limit of the wastewater treatment plans to be exceeded;
(2) The strength of the sewage influent to the wastewater treatment plant to be diluted to a level that adversely affects the efficacy of the SPDES permitted and Department approved treatment process; or
(3) A bypass of any portion of a treatment facility that would be prohibited pursuant to 6 NYCRR Subpart 750-2.
(1) Tax map number and, where available, building permit number, for each property to be served by the proposed sewer system or sewer extension;
(2) Letter of flow acceptance from the owner of the receiving wastewater treatment plant, when available;
(3) An engineering report presenting the proposed flow and supporting design calculations; and
(4) Four (4) sets of plans showing:
(i) design details and specifications of system components including pipe sizes and pump capacities;
(ii) where applicable, a copy of the application for modification of the SPDES permit for the receiving wastewater treatment plant and, if available, any draft revisions to such SPDES permit; and
(iii) construction phasing.
(5) An application for review and approval of a sewer system must include an operation and maintenance plan for the sewer system, which may be a component of the operation and maintenance plan for the treatment facility served by the sewer system; and
(6) An Environmental Assessment form and State Environmental Quality Review Act determination, if applicable.
§ 18-38 Subsurface Sewage Treatment Systems.
(a) Minimum Requirements for new subsurface sewage treatment systems.
(1) The design, treatment, construction, maintenance and operation of new subsurface sewage treatment systems, and the plans therefor, require the review and approval of the Department, provided that the requirements of this section shall not apply to subsurface sewage treatment systems necessary for an agricultural activity that are designed, provide treatment and are constructed, maintained and operated in compliance with State and Federal law.
(2) All new individual sewage treatment systems shall comply with the requirements of 10 NYCRR Part 75 and Appendix 75-A except where a local government or agency has enacted, or these rules and regulations specify, more stringent standards, in which case, the more stringent standards shall apply.
(3) All new intermediate sized sewage treatment systems shall comply with the requirements set forth in New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014), except where a local government or agency has enacted, or these rules and regulations specify, more stringent standards, in which case, the more stringent standards shall apply.
(i) As a condition of approval the Department may require evidence of financial security prior to construction, from any owner or operator of a new intermediate sized sewage treatment system or a substantial alteration or modification to an existing intermediate sized sewage treatment system. Such financial security shall consist of a bond, or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or operator of such a facility is a village, town, county or city.
(4) No part of any absorption field for any new subsurface sewage treatment system shall be located within the limiting distance of 100 feet of a watercourse or wetland or 300 feet of a reservoir, reservoir stem or controlled lake. For a new conventional individual subsurface sewage treatment system or for a new Ulster County Fill System the Department may recommend a greater limiting distance from an absorption field to a watercourse, wetland, reservoir, reservoir stem or controlled lake.
(5) Raised systems, as described in 10 NYCRR Part 75 and Appendix 75-A, are allowed on undeveloped lots not located in a subdivision or on undeveloped residential lots located in a subdivision which was approved prior to the effective date of these rules and regulations, where site conditions are not suitable for a conventional system provided that:
(i) The system shall be located at least 250 feet from any watercourse or wetland and 500 feet from any reservoir, reservoir stem or controlled lake provided that the greater limiting distance for raised systems does not preclude construction on the subject lot or lots of the use proposed by the applicant, and further provided that the site conditions and the subsurface sewage treatment system comply with the other provisions of these rules and regulations and other applicable Federal, State and local laws, as cited in 15 RCNY § 18-38(a)(1); or
(ii) Raised systems which cannot meet the limiting distances set forth in subparagraph (i) due to size or location of the lot shall be located at the greatest limiting distance possible within the property lines and at least 100 feet from any watercourse or wetland and 300 feet from any reservoir, reservoir stem or controlled lake.
(6) Where a watershed county has adopted a subdivision code that allows a raised system, as described in 10 NYCRR Part 75 and Appendix 75-A, or where the New York State Department of Health approved such raised systems for use in subdivisions located in the watershed, such raised systems are allowed in subdivisions that are approved subsequent to the effective date of these rules and regulations, provided that no part of such systems shall be located within 250 feet of a watercourse or wetland or 500 feet of a reservoir, reservoir stem or controlled lake.
(7) Any approval of a subsurface sewage treatment system issued by the Department expires and is null and void unless construction is substantially completed such that the system is functioning as designed within five (5) years of the date of issuance for systems located within approved subdivisions, or within two (2) years of the date of issuance for all other subsurface sewage treatment systems. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval.
(1) All subsurface sewage treatment systems, which are operating in accordance with their Federal, State, and local approvals, but which do not comply with the requirements for new subsurface sewage treatment systems set forth in this section, shall be allowed to continue to operate.
(2) If the use of a subsurface sewage treatment system is, for any reason, subject to discontinuation for a period of five consecutive years or more, operation may resume if it comes into compliance with the standards for alterations or modifications of subsurface sewage treatment systems in accordance with 15 RCNY § 18-38(b)(4) below. If, however, the system cannot come into compliance with these standards, the use must permanently desist. The owner or operator bears the burden of proof for showing that there has been no discontinuation in the use of a subsurface sewage treatment system.
(3) Any proposed alteration or modification of any subsurface sewage treatment system requires the review and approval of the Department, except as provided in subparagraphs (i) through (iii) below.
(i) The volume, character, or strength of the flow to a subsurface sewage treatment system may be reduced without review and approval provided that such reduction does not cause any increase in the existing discharge or any increase in the potential for contamination to or degradation of the water supply from that discharge. If the reduction in the volume, character, or strength results from an alteration or modification of a system component, or the addition of a new system component (such as installation of a peat filter or aerobic treatment unit), then such alteration, modification, or addition requires review and approval of the Department, except that:
a. Any such review and approval shall be limited to the affected system component; and
b. No such review and approval is required where the alteration, modification, or addition of the system component is otherwise exempt from review under this section (such as the replacement of a septic tank with a larger tank of an appropriate size for the subsurface sewage treatment system).
(ii) Except as set forth in this subdivision, for an intermediate sized subsurface sewage treatment system that has a State Pollutant Discharge Elimination System (SPDES) permit, review and approval is not required for any proposed alteration or modification that does not deviate from the engineering design and site plan approved by the New York State Department of Environmental Conservation.
a. Review and approval by the Department is required if the alteration or modification requires a modification of the SPDES permit for the SSTS for any reason including, but not limited to:
i. the alteration or modification involves physical alteration or modification of the SSTS, or
ii. the alteration or modification results in the system receiving sewage that either exceeds the treatment system design flow, or has a strength or characteristic beyond the design capability of the treatment system.
b. If the Department has previously issued an approval for an intermediate sized subsurface sewage treatment system, review and approval by the Department is required for any alteration or modification that results in the system receiving sewage that either exceeds the design flow of the system as approved by the Department, or has a strength or characteristic beyond the design capability of the system as approved by the Department.
(iii) In the following circumstances, where an ancillary, non-residential use of a residence served by an individual subsurface sewage treatment system does not result in an increase in or change in the nature of the flow of sewage, the subsurface sewage treatment system shall not be considered an intermediate-sized sewage treatment system, nor shall such use require review and approval by the Department:
a. Where the residence is used to provide accommodations for transient lodgers and no food service is provided other than to overnight guests, unless such use requires a temporary residence permit pursuant to 10 NYCRR Subpart 7-1.
b. Where the individual residence is used for a home office or home business, provided that:
i. The individual who operates the home office or home business occupies the home as his or her primary or secondary residence;
ii. The home office or home business is of a type that is estimated to generate 50 gallons per day of water or less based on Table B-3 of the New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014); and
iii. The conversion does not involve an increase in the individual residence’s number of bedrooms.
(4) Standards for Alterations or Modifications of Subsurface Sewage Treatment Systems.
(i) Any proposed alteration or modification of any subsurface sewage treatment system must be performed in accordance with the requirements applicable to new subsurface sewage treatment systems under this section.
(ii) Alterations or modifications of subsurface sewage treatment systems that cannot meet these requirements, due to site constraints, must be performed in accordance with the requirements applicable to new subsurface sewage treatment systems to the extent possible. Applications for proposed alterations or modifications of such subsurface sewage treatment systems must include the information described in 15 RCNY § 18-38(d)(4).
(iii) Standard of review. The department will authorize use of a subsurface sewage treatment system that has been subject to a period of discontinuation for five consecutive years or more, or a proposed alteration or modification of a subsurface sewage treatment system, if the applicant demonstrates that such use, alteration, or modification does not present a threat to public health or water quality as determined by the Department.
(5) If a subsurface sewage treatment system fails or needs remediation, the owner or operator of the subsurface sewage treatment system must comply with the following:
(i) Any proposed remediation of any part of a subsurface sewage treatment system shall require the prior review and approval of the Department, and if approved, shall be completed as soon as possible in accordance with a schedule approved by the Department;
(ii) Any proposed remediation of any part of a subsurface sewage treatment system shall be implemented, to the extent possible, in accordance with the design standards set forth in this section, and shall require the prior review and approval of the Department. However, if the Department determines, based upon the application submitted by the owner or operator of the subsurface sewage treatment system, that such system cannot comply with this section, the owner or operator of the subsurface sewage treatment system shall cooperate with the Department to determine the most suitable location and design for the system on the specific site. The Department may require the owner to agree to a regular schedule for the pump out of the septic tank or other remedial action, including the use of holding tanks, before the proposed remediation is approved by the Department and implemented; and
(iii) The provisions of this paragraph shall not apply to the routine repair and maintenance of a subsurface sewage treatment system, including, but not limited to, the pump out of a septic tank, the replacement of a septic tank, whether in kind or with a larger tank of an appropriate size for the subsurface sewage treatment system, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage.
(6) Any approval issued by the Department to use a subsurface sewage treatment system following a discontinuation expires and is null and void unless any required enhancements are implemented and such use is commenced within one (1) year of the date of issuance or such longer period as the Department may authorize in writing. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval.
(7) Any approval of an alteration or modification of a subsurface sewage treatment system issued by the Department expires and is null and void unless any required enhancements are implemented within two (2) years of the date of issuance. Following expiration of the approval, the plans for the subsurface sewage treatment system may be resubmitted to the Department for consideration for a new approval.
(8) Any property owner may request that the Department review and approve a proposed use of a subsurface sewage treatment system by demonstrating that it is capable of treating a specified volume and type of wastewater flow. The proposal may include proposed enhancements to the system. A determination by the Department that the subsurface sewage treatment system complies with the standards applicable to new subsurface sewage treatment systems or, if it cannot come into compliance the standards applicable to alterations or modifications of subsurface sewage treatment systems to the extent possible pursuant to 15 RCNY § 18-38(b)(4), for the proposed use and volume, shall be binding upon the Department for five years following the date of the determination.
(1) All subsurface sewage treatment systems shall be designed, operated and maintained to prevent the exposure of sewage to the surface of the ground or the discharge of sewage to ground- water.
(2) Limitations on certain systems in the watershed.
(i) Mound systems, galley systems, seepage pits, evaporation-transpiration (ET) and evaporation-transpiration absorption (ETA) systems are prohibited from use for subsurface sewage treatment systems installed in the watershed on or after June 30, 2002.
(ii) Drip and low profile dispersal systems, as described in New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014) are prohibited from use for subsurface sewage treatment systems installed in the watershed on or after September 25, 2019.
(iii) Sand filters are prohibited from use for individual sewage treatment systems in the watershed.
(iv) For new subsurface sewage treatment systems within the 60-day travel time, and for new subsurface sewage treatment systems that require State Pollutant Discharge Elimination System (SPDES) permits, trench length reductions will not be offered for use of any enhanced subsurface sewage treatment systems.
(v) No trench length reductions shall be granted for use of any open-bottom gravelless absorption system, as described in 10 NYCRR Appendix 75-A.8(c)(3)(i). One linear foot of a gravelless absorption system is equivalent to one linear foot of conventional (24” wide) absorption trench.
(3) An additional area of at least 100 percent of the primary absorption field shall be set aside as a reserve absorption field for any subsurface sewage treatment system.
(4) No part of any primary or reserve absorption field shall be built under pavement or other impervious surfaces, and pavement and other impervious surfaces shall not be built over such absorption fields after installation.
(5) At least one percolation test and at least one deep hole test must be performed in the primary absorption field. At least one percolation test and at least one deep hole test must be performed in the reserve absorption field. An applicant must notify the Department in writing at least seven (7) days prior to performance of such tests, and specify the location and the time of the tests. Such soils testing must be performed during normal business hours on weekdays other than legal holidays. At the option of the Department, a Department representative may witness such tests.
(6) Proposed sites with soil percolation rates faster than 3 minutes per inch or slower than 60 minutes per inch shall not be approved by the Department for locating a subsurface sewage treatment system.
(7) Whenever possible, gravity flow systems shall be used for subsurface sewage treatment systems. The use of electrically operated pumps shall require a chamber equipped with an alarm to indicate malfunction and any other safety features required by the Department to prevent sewage overflow. An intermediate sized sewage treatment system that uses electrically operated pumps is required to have either a backup pump or a backup storage tank capable of holding two days’ flow. An individual sewage treatment system that uses electrically operated pumps shall have a backup storage tank capable of holding one day’s flow.
(8) A reserve absorption field is intended to be left undisturbed to be used in the event that the primary absorption field fails in the future. If the reserve absorption field is used because the primary absorption field has failed, the owner should, but is not required to, identify a new reserve absorption field. If the reserve absorption field is used for purposes of expanding the subsurface sewage treatment system, a new reserve absorption field or Department-approved alternative must be identified.
(1) An application for review and approval of any subsurface sewage treatment system shall include the following information:
(i) Soil investigation report including:
(a) percolation test results;
(b)deep hole test pit results or boring analysis indicating the depth of useable soil;
(c) indication of surface water or ledge rock observed;
(d) design rate of flow; and
(e) delineation of United States Department of Agriculture Soil Conservation Service soil type boundaries.
(ii) Building permit number and tax map number where available.
(iii) Four (4) sets of plans prepared by a design professional showing:
(a)site location, including distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs, and any property boundaries within 10 feet of any subsurface sewage treatment system component;
(b)site/system plans, drawn to scale, with topography showing two-foot contour intervals;
(c) system profile;
(d) details of system components; and
(e) a report containing:
(1) a description of the project characteristics; and
(2) a detailing of the design process.
(2) An application for review and approval of an intermediate sized sewage treatment system shall include all of the information in paragraph (1) of subdivision (c) of this section, and additionally shall contain:
(i) An Environmental Assessment form and State Environmental Quality Review Act determination, if applicable; and
(ii) A SPDES permit, if applicable.
(3) All approvals for new subsurface sewage treatment systems are conditioned on the applicant’s submission of as-built drawings, prepared by a design professional, once construction is complete.
(4) An application for review and approval of an alteration or modification of a subsurface sewage treatment system, or of the resumption of use of a subsurface sewage treatment following discontinuation, that cannot satisfy the requirements applicable to new subsurface sewage treatment system must include all of the information in paragraph (1) of subdivision (d) of this section, except that the Department may, at its option, waive the requirement to submit a soil investigation report. For an intermediate sized sewage treatment system, the application must include the information in paragraph (2) of subdivision (d) of this section. An application must also contain:
(i) Plans or other design information, consisting of:
(a)If available, design plans for the subsurface sewage treatment plans, indicating all known regulatory approvals for such plans;
(b)If design plans are not available, a description of the components of the system prepared by a licensed professional engineer;
(ii) A proposal for enhancements to the system to meet the standards in 15 RCNY § 18-38 applicable to a new subsurface sewage treatment system to the extent possible, including the information required under 15 RCNY § 18-38(c); and
(iii) Any additional information demonstrating any or all of the following:
(a)A reduction in the potential for contamination to or degradation of the water supply from the subsurface sewage treatment system,
(b)A reduction in flow to the subsurface sewage treatment system, or
(c)Mitigation measures to avoid contamination to, or degradation of, the water supply.
(1) The applicant must notify the Department at least two business days before the start of construction of a subsurface sewage treatment system. The locations of the absorption field corners, septic tanks, pump or dosing chambers, and other treatment components must be staked out before the start of construction, so that the Department can, at its option, verify compliance with separation distance to wells, watercourses, and property lines. The ends of absorption trenches and the corners of absorption beds must be staked out before the start of construction. Stakes must be marked with applicable line and grade information and may not be disturbed during construction.
(2) If construction of a subsurface sewage treatment system ceases for more than seven days, the applicant must make best efforts to notify the Department at least two business days before restarting construction.
(3) The applicant must notify the Department at least one day before burying any component of a subsurface sewage treatment system.
(4) All notifications to the Department pursuant to this subsection (d) must be made via the email address and/or telephone number listed on the approval.
§ 18-39 Stormwater Pollution Prevention Plans and Impervious Surfaces.
(a) Impervious surfaces.
(1) The construction of an impervious surface within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake, is prohibited.
(2) Paragraph (1) shall not apply to the following activities:
(i) Construction of a new individual residence, which shall comply with paragraph (5) of this subdivision;
(ii) Non-commercial ancillary improvements or additions to an individual residence; (iii) Construction of an impervious surface for a driveway serving an individual residence constructed or having obtained all discretionary approvals necessary for construction prior to March 1, 2010;
(iv) Construction of an impervious surface for a driveway serving an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010, which shall comply with paragraph (5) of this subdivision;
(v) Agricultural activities;
(vi) Construction of bridges or crossings of watercourses or wetlands constructed pursuant to a valid permit from the appropriate regulatory agencies. If a permit from a regulatory agency other than the Department is not required, the applicant shall comply with paragraph (9) of this subdivision;
(vii) Creation of an impervious surface made necessary by the construction of a wastewater treatment plant or alteration or modification of a wastewater treatment plant approved by the Department;
(viii) Creation of an impervious surface that is made necessary by the construction of a new facility or alteration or modification of an existing facility used in connection with the operation of a public water supply system; or
(ix) Creation of an impervious surface, such as a culvert, needed as an integral component of diversion or piping of a watercourse, but only with the review and approval of the Department and only if the Department determines that such impervious surface will not have an adverse impact on water quality.
(3) Paragraph (1) shall not apply to creation of an impervious surface in the West of Hudson watershed within a village, hamlet, village extension, or area zoned for commercial or industrial uses, which complies with paragraph (8) of this subdivision or to the creation of an impervious surface in the East of Hudson watershed within a Designated Main Street Area, which complies with paragraph (11) of this subdivision.
(4) Paragraph (1) shall not apply to the creation of an impervious surface in connection with the following activities occurring in the East of Hudson watershed outside a Designated Main Street Area or in the West of Hudson watershed outside a village, hamlet, village extension, or an area zoned for commercial or industrial uses:
(i) Construction of a new road or widening of an existing road, which shall comply with paragraph (6) of this subdivision;
(ii) Creation of an impervious surface within a designated village center, which shall comply with paragraph (7) of this subdivision; or
(iii) Expansion of an existing impervious surface within the limiting distance of 100 feet of a watercourse or wetland, at an existing commercial, institutional, municipal, industrial, or multi-family residential facility, provided that the total area of all expanded impervious surfaces, including all impervious surfaces allowed under this provision after May 1, 1997, does not exceed 25 percent of the area of the existing impervious surface at that commercial, institutional, municipal, industrial, or multi-family residential facility, which shall comply with subdivisions (b), (c) and (d) of this section.
(5) The following requirements are applicable to construction of a new individual residence and of impervious surfaces for driveways serving individual residences that obtain all discretionary approvals necessary for construction on or after March 1, 2010:
(i) Whether or not a new individual residence will be located in a subdivision, construction of a new individual residence within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake is prohibited;
(ii) Construction of a new individual residence in a subdivision within the limiting distance of 100 feet of a watercourse or wetland is prohibited where: (a) The subdivision plat received preliminary approval on or after October 16, 1995; or (b) The subdivision plat received preliminary approval before October 16, 1995, the person who owned the subdivision on October 16, 1995 was the same person, or a principal or affiliate of the person, who owned the subdivision at the time the subdivision plat received preliminary approval, and construction activity related to infrastructure improvements for the subdivision had not begun as of October 16, 1995;
(iii) Construction of a new individual residence not in a subdivision, or in a subdivision approved before October 16, 1995 and not prohibited by paragraph (a)(5)(ii)(b) of this subdivision, within the limiting distance of 100 feet of a perennial stream or wetland requires an individual residential stormwater permit from the Department, pursuant to subdivision (e) of this section;
(iv) Construction of an impervious surface for a driveway serving an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010 within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake is prohibited;
(v) Construction of an impervious surface for a driveway to serve an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010, within the limiting distance of 100 feet of a perennial stream or within the limiting distance of 50 feet of an intermittent stream or wetland, requires an individual residential stormwater permit from the Department, pursuant to subdivision (e) of this section.
(6) The following requirements are applicable to construction of an impervious surface for a new road or the widening of an existing road:
(i) Construction of an impervious surface for a new road within the limiting distance of 300 feet of a reservoir, reservoir stem or controlled lake is prohibited, except paving an existing dirt or gravel road is permitted. Construction of a new impervious surface by paving an existing dirt or gravel road requires a stormwater pollution prevention plan which complies with subdivisions (b), (c) and (d) of this section.
(ii) Construction of an impervious surface for a new road within the limiting distance of 50 feet of an intermittent stream or wetland, or within the limiting distance of 100 feet of a perennial stream, is prohibited, except for paving an existing dirt or gravel road or where necessary to provide an access road. Construction of an impervious surface for paving such existing dirt or gravel road or for such a new access road requires a stormwater pollution prevention plan which complies with the requirements of subdivisions (b), (c) and (d) of this section for the entire impervious surface. An access road constructed pursuant to this paragraph shall be constructed as far as practicable from all watercourses and wetlands, as determined by the Department.
(iii) Construction of an impervious surface for a new road between the limiting distances of 50 feet and 100 feet of an intermittent stream or wetland requires a stormwater pollution prevention plan which complies with the requirements of subdivisions (b), (c) and (d) of this section.
(iv) Widening of an existing road located within the limiting distance of 50 feet of an intermittent stream or wetland, within the limiting distance of 100 feet of a perennial stream, or within the limiting distance of 300 feet of a reservoir, reservoir stem or controlled lake shall be performed on the side of such existing road furthest from the watercourse, wetland, reservoir, reservoir stem or controlled lake, to the extent practical.
(7) The following requirements are applicable to creation of an impervious surface within a designated village center:
(i) A local government in the Croton System may delineate an area within the local government’s boundaries to be a “designated village center” in a Comprehensive Croton Water Quality Protection Plan prepared and agreed to in accordance with 15 RCNY § 18-82. Such designated village center shall comply with the requirements of this paragraph with regard to the construction of impervious surfaces.
(ii) Within a designated village center the construction of a new impervious surface within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake requires the review and approval of the Department. An approval issued by the Department pursuant to this subparagraph shall contain a determination by the Department that there is no reasonable alternative to the creation of the proposed new impervious surface within the applicable limiting distance and that the best available measures have been taken to prevent adverse impacts on the quality of the drinking water supply.
(8) The following requirements are applicable to creation of an impervious surface in the West of Hudson watershed within a village, hamlet, village extension or area zoned for commercial or industrial uses:
(i) Creation of any new impervious surface within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem or controlled lake, within a village, hamlet, village extension or area zoned for commercial or industrial uses as of the effective date of these rules and regulations, requires a stormwater pollution prevention plan which complies with the requirements of subdivisions (b), (c) and (d) of this section, except that the foregoing requirements of this subparagraph shall not apply to the creation of a new impervious surface for an activity set forth in paragraph (2) of this subdivision which complies with the provisions of paragraph (2).
(ii) If a local government in the West of Hudson watershed adopts a zoning ordinance designating additional areas for commercial or industrial use after the effective date of these rules and regulations, it may apply to the Department to allow construction of new impervious surfaces in the newly zoned commercial or industrial areas located within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake. The Department shall approve such application if the Department determines that allowing new impervious surfaces in such newly zoned commercial or industrial area is consistent with the objectives of these rules and regulations and with previously approved zoning ordinances. If approved by the Department, creation of new impervious surfaces within such newly zoned commercial or industrial areas within the aforesaid limiting distances shall be allowed subject to the requirements of subparagraph (8)(i) above.
(9) Construction of a bridge or crossing of a watercourse or wetland which does not require a permit from a regulatory agency other than the Department shall require the review and approval of the Department. Such bridge or crossing shall be constructed to prevent adverse impacts on the quality of the water supply.
(10) Maintenance of an existing impervious surface shall not require the review and approval of the Department.
(11) The following requirements are applicable to creation of an impervious surface in the East of Hudson watershed within a Designated Main Street Area:
(i) Creation of any new impervious surface within a Designated Main Street Area requires a stormwater pollution prevention plan which complies with the requirements of subdivisions (b), (c), and (d) of this section, except that the foregoing requirements of this subparagraph shall not apply to the creation of a new impervious surface for an activity set forth in paragraph (2) of this subdivision which complies with the provisions of paragraph (2).
(ii) The approved boundary descriptions of all Designated Main Street Areas shall be made available by the Department for public inspection at its field offices in the East of Hudson watershed.
(1) Stormwater pollution prevention plans shall not be required to be prepared pursuant to this section for agricultural and silvicultural activities.
(2) Stormwater pollution prevention plans shall not be required to be prepared pursuant to this section for clear cutting and mining activities, provided, however, that such activities shall be subject to the requirements set forth in the applicable New York State Department of Environmental Conservation SPDES Permit which may be required pursuant to Environmental Conservation Law § 17-0808.
(3) Stormwater pollution prevention plans shall be prepared for the activities listed in subparagraph (4) of this subdivision. Such plans shall also be subject to the prior review and approval of the Department. Such plans shall be prepared and implemented in accordance with the requirements of Part III of the New York State Department of Environmental Conservation SPDES General Permit No. GP-0-15-002 that are applicable to construction activities identified in Table 2 of Appendix B, and in accordance with the requirements of subdivision (c) of this section, except that:
(i) plans for redevelopment shall be prepared and implemented in accordance with subdivision (b)(8),
(ii) plans for construction activities identified in Table 1 of Appendix 18-B must be prepared and implemented in accordance with the requirements of Part III of the New York State Department of Environmental Conservation SPDES General Permit No. GP-0-15-002 that are applicable to construction activities identified in Table 1 of Appendix 18-B. A construction activity will be deemed to “alter hydrology from pre to post development conditions,” for purposes of Table 1 of Appendix 18-B, if the post-development peak rate of flow for the activity has increased by more than 5% of the pre-developed condition for the one-year, twenty-four hour storm, the ten-year, twenty-four hour storm, or the one hundred-year, twenty-four hour storm as defined herein. A construction activity that is excluded from coverage under Table 1 of Appendix 18-B because it alters hydrology from pre to post development conditions must comply with the requirements of subdivision (b)(3) above,
(iii) plans for construction activities requiring Department review and approval of a stormwater pollution prevention plan under this section that involve disturbance of less than one (1) acre of total land area, other than construction of gasoline stations and construction, alteration, or modification of solid waste management facilities, and which will not result in hot spot runoff, must be prepared and implemented in accordance with subdivision (b)(9), and
(iv) no activity shall be exempt from any such requirements as a result of the size or nature of the watercourse(s) to which stormwater from such activity discharges, except with prior written approval from the Department. Such plans shall also be subject to the prior review and approval of the Department.
(4) The activities for which a stormwater pollution prevention plan must be prepared under subparagraph (3) of this subdivision are:
(i) Plans for development or sale of land that will result in the disturbance of five (5) or more acres of total land area as described in the definition of larger common plan of development or sale in Appendix A of SPDES General Permit No. GP-0-15-002;
(ii) Construction of an impervious surface for a new road, for an access road, or for an existing dirt or gravel road, as required by paragraph (a)(6) of this section;
(iii) Up to a 25 percent expansion of an existing impervious surface at an existing commercial, institutional, municipal, industrial, or multi-family residential facility which is within the limiting distance of 100 feet of a watercourse or wetland, as required in subdivision (a)(4)(iii) of this section; or
(5) If there is a significant change in design, construction, operation, or maintenance of an activity which is subject to a Stormwater Pollution Prevention Plan pursuant to subdivision (b)(3) which may have a significant effect on the potential for the discharge of pollutants to surface waters and which has not otherwise been addressed in the Stormwater Pollution Prevention Plan, or if the Stormwater Pollution Plan proves to be ineffective in eliminating or significantly minimizing erosion and sedimentation or the discharge of pollutants associated with construction activity, the Stormwater Pollution Prevention Plan must be amended. Such amended stormwater pollution prevention plan shall be submitted to the Department for prior review and approval and shall comply with the requirements of this section.
(6) Any approval of a stormwater pollution prevention plan issued by the Department expires and is null and void unless construction is completed within five (5) years of the date of issuance or within any extended period of time approved by the Department upon good cause shown. Following expiration of the approval, the application for the stormwater pollution prevention plan may be resubmitted to the Department for consideration for a new approval.
(7) As a condition of approval the Department may require evidence of financial security prior to construction from any owner or operator of a stormwater management system pursuant to a stormwater pollution prevention plan. Such financial security shall consist of a bond, or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or operator of such a facility is a village, town, county or city.
(8) Where portions of an activity that require a stormwater pollution prevention plan pursuant to subdivision (b)(3) constitute redevelopment as defined herein, those portions of such plan shall:
(i) be prepared and implemented, to the extent possible, in accordance with the requirements of Part III of the New York State Department of Environmental Conservation SPDES General Permit No. GP-0-15-002 that are applicable to the construction activities identified in Table 2 of Appendix 18-B;
(9) Where an activity requiring Department review and approval of a stormwater pollution prevention plan under this section that involves disturbance of less than one (1) acre of total land area, other than construction of a gasoline station or construction, alteration, or modification of a solid waste management facility, and which will not result in hot spot runoff, requires a stormwater pollution prevention plan pursuant to subdivision (b)(3) above, the application must consist of:
(i) A plan of the proposed activity, identifying the area of disturbance, the location of any existing or proposed impervious surfaces, and the location of any watercourses, wetlands, reservoirs, reservoir stems or controlled lakes on or adjacent to the property;
(ii) A description and depiction of proposed erosion controls sufficient to prevent sedimentation of the receiving watercourse, wetland, reservoir, reservoir stem or controlled lake on or adjacent to the property during construction. Erosion controls typically consist of sediment barriers, such as hay bales and silt fencing, temporary sediment traps and temporary stormwater flow diversions;
(iii) A schedule for construction, including grading and site stabilization; and
(iv) A description and depiction of proposed permanent stormwater management practices designed to filter, detain, or infiltrate runoff from impervious surfaces, thereby minimizing the post-construction increase in pollutant loading to the receiving watercourse, wetland, reservoir, reservoir stem or controlled lake.
(1) When any activity listed in paragraph (3) of subdivision (b) of this section is proposed to be undertaken in the drainage basin of a terminal reservoir, as identified in the watershed maps in Appendix 18-A, the stormwater pollution prevention plan shall include analysis of coliform runoff, before and after the land disturbance activity.
(i) If such proposed activity causes or contributes to the contravention of the coliform standard set forth in 15 RCNY § 18-48(b)(1), the stormwater pollution prevention plan shall not be approved by the Department, unless the measures required by the stormwater pollution prevention plan in conjunction with any other controls to be imposed that limit future land disturbance at the site, including but not limited to property easements, restrictive covenants, zoning laws and development by-laws, will prevent the contribution of additional coliform.
(2) Stormwater Conveyance Measures. Stormwater pollution prevention plans prepared pursuant to this section shall provide for the maintenance of natural drainage systems, including perennial and intermittent streams, and the use of swales and drainage ditches in an open condition to the maximum extent practicable. A stormwater pollution prevention plan shall ensure that any closed stormwater conveyance measures are sized appropriately to convey, at a minimum, the 10-year, 24-hour storm flow.
(3) Stormwater Treatment Volume. All stormwater pollution prevention plans prepared pursuant to this section shall include measures to capture and treat the greater of the volume of runoff generated by the 1-year, 24-hour storm or the Water Quality Volume (WQv), except that a stormwater management practice may be designed to capture and treat the lesser of those volumes if it is a stormwater infiltration practice or it is a bioretention practice in hydrologic soil group A or B. Stormwater management practices which provide treatment shall be designed to accommodate the quantity of runoff flowing to the stormwater management practice, including runoff from off-site areas.
(4) Where a stormwater pollution prevention plan prepared pursuant to this section includes a stormwater infiltration practice, to the maximum extent practicable, no portion of such stormwater infiltration practice shall be located within 100 feet of any portion of the absorption field of a subsurface sewage treatment system.
(5) To the maximum extent practicable, an activity requiring a stormwater pollution prevention plan, and the stormwater pollution prevention plan prepared for such activity, shall be designed:
(i) To minimize the alteration of the existing drainage areas and to maintain the volumes of flow at design points at pre-construction levels, except as necessary to alleviate downstream flooding problems or other adverse conditions in existence prior to construction, or to divert runoff from off-site and/or undisturbed areas away from areas proposed to be disturbed.
(ii) To minimize loss of annual recharge to groundwater by maximizing the use of stormwater infiltration practices where suitable soil conditions exist.
(6) If an activity requiring a stormwater pollution prevention plan will result in impervious surfaces covering twenty percent (20%) or more of the drainage area for which a stormwater management practice is designed, the stormwater pollution prevention plan shall provide for stormwater runoff from that drainage area to be treated by two different types of stormwater management practices in series, except that only one stormwater management practice is required if either:
(i) the stormwater management practice provided is a stormwater infiltration practice; or
(ii) the activity requiring a stormwater pollution prevention plan is in the West of Hudson watershed within a village, hamlet, village extension, or area zoned for commercial or industrial uses or in the East of Hudson watershed within a Designated Main Street Area.
(7) For purposes of the design criteria incorporated by reference in New York State Department of Environmental Conservation SPDES General Permit No. GP-0-15-002, “detention time” shall mean the time runoff is detained in a stormwater management practice. It can be computed using either the center of mass method or the plug flow method.
(1) An application for approval of a stormwater pollution prevention plan shall include:
(i) The pollution prevention plan; and
(ii) The information required in a Notice of Intent under New York State Department of Environmental Conservation SPDES General Permit No. GP-0-15-002.
(2) When the Department notifies an applicant that an application for approval of a stormwater pollution prevention plan is complete pursuant to 15 RCNY § 18-23(d)(2) and (3), the Department shall also issue a written notification to the Stormwater Project Review Committee (“Committee”) for the Town(s) or Village in which the activity requiring preparation of the stormwater pollution prevention plan is proposed to be located, of the Department’s receipt of a complete application.
(i) If requested by one or more members of the Committee, the Department shall submit a copy of the complete application to the Committee for its review and shall convene a meeting, in person or by telephone, of the Committee.
(ii) The Department shall not be required to meet with or otherwise further consult with a member of the Committee concerning an application where the Committee member declines to review the application or fails to attend a meeting of the Committee convened to consider the application.
(3) Upon completion of their review of the application, and upon a majority vote of the Committee members, including the Department’s Committee member, who reviewed the application, the Committee may recommend to the Department that an application for approval of a stormwater pollution prevention plan be approved, approved with conditions or disapproved.
(i) If the Department’s Committee member agrees with the majority recommendation of the Committee, the Department may proceed to issue its determination to the applicant.
(ii) If the Department’s Committee member disagrees with the majority recommendation of the Committee, the application, together with the written recommendation of the Committee, shall be submitted to the Commissioner of the Department for review and a determination. The Commissioner shall issue a written record of decision setting forth the basis for the determination and responding to any contrary written recommendations submitted by any member of the Committee.
(iii) If the Committee fails to make a recommendation to the Department at least fifteen (15) days prior to the date the Department is required to notify an applicant in writing of its determination pursuant to 15 RCNY § 18-23(d)(5), the Department may proceed to issue its determination and the Department shall not be required by these rules and regulations to further consult with or consider the comments of the Committee or any member of the Committee.
(4) Failure of any Committee member, other than the Department Committee member, to act in accordance with the procedures or within the time frames set forth in these rules and regulations, shall relieve the Department of any obligation to consult with or consider the comments of the Committee member. Failure of any Committee member, other than the Department Committee member, to act in accordance with the procedures or within the time frames set forth in these rules and regulations, shall not invalidate any determination issued by the Department.
(5) A Committee may only make recommendations to the Department and shall have no authority to make decisions on behalf of the Department. For purposes of SEQRA, the Department’s determination on an application, not the Committee’s recommendation to the Department, shall be considered a final decision.
(1) An individual residential stormwater permit is required for:
(i) Construction of a new individual residence, not located within a subdivision, and located within the limiting distance of 100 feet of a perennial stream or wetland;
(ii) Construction of a new individual residence located within a subdivision approved before October 16, 1995, and not prohibited by paragraph (a)(5)(ii)(b) of this section, and located within the limiting distance of 100 feet of a perennial stream or wetland; and
(iii) Construction of an impervious surface for a driveway to serve an individual residence that obtains all discretionary approvals necessary for construction on or after March 1, 2010, located within the limiting distances of 50 feet of an intermittent stream or wetland or within 100 feet of a perennial stream, except that no individual residential stormwater permit is required if the driveway is included in an activity requiring Department approval of a stormwater pollution prevention plan.
(2) Application requirements. An application for issuance of an individual residential stormwater permit shall include:
(i) A plan of the proposed individual residence and/or driveway;
(ii) A plan or map identifying the location of any watercourses, wetlands, reservoirs, reservoir stems or controlled lakes on or adjacent to the property;
(iii) A plan showing the approximate area of site disturbance;
(iv) A description and depiction of proposed erosion controls sufficient to prevent sedimentation of the receiving watercourse or wetland during construction. Erosion controls typically consist of sediment barriers, such as hay bales and silt fencing, and temporary stormwater diversions;
(v) A schedule for construction, including grading and site stabilization; and
(vi) A description and depiction of proposed stormwater best management practices designed to filter, detain, or filtrate runoff from the individual residence or driveway, thereby minimizing the post-construction increase in pollutant loading to the receiving perennial stream or wetland.
(3) An individual residential stormwater permit issued by the Department shall expire and thereafter be null and void unless construction is completed within two (2) years of the date of issuance of the permit, or within any extended period of time approved by the Department upon good cause shown. Following expiration of the permit, the application for the individual residential stormwater permit may be resubmitted to the Department for consideration for a new permit.
§ 18-40 Miscellaneous Point Sources.
(a) Unless otherwise permitted by the rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge into the environment (including into groundwater), from industrial facilities, including vehicle washing facilities, and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
§ 18-41 Solid Waste.
(a) Siting or horizontal expansion of a junkyard or a municipal solid waste landfill, within the limiting distance of 250 feet of a watercourse or wetland, or the siting or horizontal expansion of a junkyard or a solid waste management facility within the limiting distance of 1,000 feet of a reservoir, reservoir stem or controlled lake is prohibited except for:
(1) Recyclable handling and recovery facilities that handle non-putrescible solid waste, such as newspapers, magazines, corrugated boxes, glass, cans and plastic, but not non-putrescible solid waste such as batteries, car batteries, and waste oil;
(2) Composting facilities for individual households for personal use; or
(3) Expansion of the existing permitted municipal solid waste landfill located within Delaware County.
§ 18-42 Agricultural Activities.
Any intentional, knowing or reckless act or omission that in the course of an agricultural activity significantly increases pollutants in the water supply is prohibited.
§ 18-43 Pesticides.
Unless otherwise permitted by these rules and regulations, the discharge or use, or storage of pesticides which is reasonably likely to lead to a discharge, of pesticides into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
§ 18-44 Fertilizers.
(a) The requirements of this section shall not apply to the application or storage of fertilizers for:
(1) An agricultural activity performed in compliance with State or Federal law; and
(2) Non-commercial application by an individual on residential premises.
§ 18-45 Snow Disposal and Storage and Use of Winter Highway Maintenance Materials.
(a) Whenever feasible removed snow shall not be disposed of directly into a watercourse, wetland, reservoir, reservoir stem or controlled lake. However, this subdivision shall not be construed to require an owner or operator to transport the removed snow in a vehicle for offsite disposal.
(2) Any outdoor areas used for loading, handling or mixing of winter highway maintenance materials shall be constructed and maintained to prevent seepage and runoff from entering any watercourse, wetland, reservoir, reservoir stem or controlled lake.
Subchapter D: Water Quality Standards For Reservoirs and Controlled Lakes
§ 18-48 Water Quality Standards.
(a) The water in all reservoirs, Lake Gilead, and Lake Gleneida, shall meet the following standards of quality:
(1) 6 NYCRR Parts 701 and 703 (standards applicable to Class AA waters), and
(2) The New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda) which lists the ambient water quality standards and guidance values for principal organic chemicals and synthetic organic chemicals.
(1) Total phosphorus concentrations shall be equal to or less than 15 micrograms per liter.
(1) Raw water fecal coliform concentrations shall be equal to or less than 20 colonies per 100 milliliters or total coliform concentration shall be equal to or less than 100 colonies per 100 milliliters in at least 90 percent of the measurements made over any consecutive six month period. For purposes of determining compliance with this paragraph, a minimum of five samples per week will be taken from each terminal reservoir. If both fecal and total coliform analyses are performed, the fecal coliform results shall take precedence over the total coliform analysis.
(1) Where total coliform concentrations exceed the standards set forth in 6 NYCRR Parts 701 and 703, and are determined by the Department to be due to non-perennial, non-anthropogenic sources, such exceedances shall not be included in calculating whether a violation of these rules and regulations has occurred.
(2) Where fecal coliform concentrations exceed the standards set forth in subparagraph (c) above, and are determined by the Department to be due to non-perennial, non-anthropogenic sources, such exceedances shall not be included in calculating whether a violation of these rules and regulations has occurred.
Subchapter E: Enforcement
§ 18-51 Enforcement.
(a) The City shall enforce the rules and regulations set forth herein, in a manner consistent with applicable Federal, State and local laws.
Subchapter F: Variances
§ 18-61 Variances.
(a) The Commissioner may, in his or her discretion, upon written application from the applicant, grant a variance from the requirements of these rules and regulations for a regulated activity and for the alteration or modification of a noncomplying regulated activity.
(1) An application for a variance for a regulated activity or for an alteration or modification of a noncomplying regulated activity shall:
(i) Identify the specific provision of the rules and regulations from which the variance is sought or identify the nature and extent of the alteration or modification of the noncomplying regulated activity;
(ii) Demonstrate that the variance requested is the minimum necessary to afford relief; and
(iii) Demonstrate that the activity as proposed includes adequate mitigation measures to avoid contamination to or degradation of the water supply which are at least as protective of the water supply as the standards for regulated activities set forth in these rules and regulations.
(2) In granting variances the Commissioner may impose specific conditions, including evidence of financial security, time limitations and limitations on any transfer of the variance granted. In addition, the Commissioner may grant a lesser variance than that applied for.
(3) Any proposed substantial alteration or modification of an activity that has been granted a variance under this Subchapter shall require the review and approval of the Department and shall comply with the provisions of this Subchapter.
(4) The burden of proof for a variance shall be on the applicant.
(5) Except for a variance granted for an alteration or modification of a noncomplying regulated activity, a grant of a variance for a regulated activity shall not be deemed to make such activity a noncomplying regulated activity under these rules and regulations.
(1) The Department may grant a variance from the prohibition of locating a new wastewater treatment plant or expanding an existing wastewater treatment plant in a coliform restricted basin, or in a phosphorus restricted basin, where the Department determines that conditions in the area to be served by the new or expanded wastewater treatment plant are resulting in the release or discharge of inadequately treated sewage into the water supply, and that there is no other feasible method of correcting such release or discharge of inadequately treated sewage except to provide a variance from such prohibition. Provided, however, that in such cases, the additional treatment capacity of the new or expanded wastewater treatment plant may only be of a size sufficient to service the area identified as the source of contamination and any immediate area of concern as limited or delineated by the Department.
(2) A request for a variance from the prohibition of expanding an existing wastewater treatment plant located in a phosphorus restricted basin which does not meet the criteria set forth in subdivision (d)(1) may be granted only if the applicant demonstrates that subsurface discharge is impossible and that every one (1) kilogram of projected increase in the phosphorus load resulting from the expansion of the existing wastewater treatment plant and accompanying non-point source runoff, is offset by two (2) kilograms of reductions in phosphorus loading within such basin provided by enhanced treatment, basin-wide phosphorus trading, and/or a watershed protection plan developed pursuant to Subchapter H.
(1) The Department may grant a variance from the prohibition set forth in 15 RCNY § 18-36(d)(2)(i) against locating a new wastewater treatment plant or expanding an existing wastewater treatment plant in the Croton System, within the 60 day travel time to intake, where the Department has made the following determinations:
(i) One of the following situations is present:
(a) conditions in the area to be served by the new or expanded wastewater treatment plant, including failed subsurface sewage treatment systems, are resulting in the release or discharge of inadequately treated sewage into the water supply; or
(b) influent flow rates to an existing wastewater treatment plant exceed the permitted flow limit for the wastewater treatment plant as specified in its SPDES permit and/or the design capacity of the wastewater treatment plant and have caused, or can reasonably be expected to cause, the release of inadequately treated sewage.
(ii) There is no other feasible method of correcting such release or discharge of inadequately treated sewage except by locating a new or expanding an existing surface-discharging wastewater treatment plant within the 60 day travel time to intake; and
(iii) The applicant has demonstrated that there are no sources of inflow or infiltration to the sewer system of the new or expanded wastewater treatment plant, other than sources that are to be eliminated pursuant to a consent order or other commitment binding on the applicant, that can practicably be eliminated.
(2) The applicant must demonstrate to the Department, that the total flow to the new or expanded wastewater treatment plant authorized pursuant to this subdivision will be limited as follows:
(i) if the applicant seeks to expand a wastewater treatment plant serving a sewer district, the flow to the expanded wastewater treatment plant may include only:
(a) flow from facilities within the sewer district that are connected to the wastewater treatment plant as of the date of the application for a variance (based on the flows reported by the wastewater treatment plant pursuant to its SPDES permit in the year preceding the application for the variance); and
(b) flow from facilities within the sewer district that are served by subsurface sewage treatment systems as of the date of the application for a variance; and
(c) additional flow of no more than ten percent (10%) of the average of the flows reported by the wastewater treatment plant pursuant to its SPDES permit in the year preceding the application for the variance to be allocated within the sewer district; and
(d) reasonably anticipated flows from any area(s) outside the sewer district identified as source(s) of contamination pursuant to clause (a) of subparagraph (i) of paragraph (1) of subdivision (e) of this section.
(ii) if the applicant seeks to expand a wastewater treatment plant without a sewer district, the flow to the expanded wastewater treatment plant may include only:
(a) flows to the wastewater treatment plant as of the date of the application for a variance;
(b) reasonably anticipated flows from any area(s) identified as source(s) of contamination pursuant to clause (a) of subparagraph (i) of paragraph (1) of subdivision (e) of this section.
(iii) if the applicant seeks to construct a new wastewater treatment plant, the flow to the new wastewater treatment plant may include only reasonably anticipated flows from the area(s) identified as source(s) of contamination pursuant to clause (a) of subparagraph (i) of paragraph (1) of subdivision (e) of this section.
(3) A new or expanded wastewater treatment plant authorized pursuant to a variance under this subdivision, and its sewer system, shall meet the following conditions:
(i) The wastewater treatment plant shall provide sand filtration or a Department-approved alternative technology to sand filtration, disinfection, phosphorus removal, and microfiltration or a Department-approved equivalent technology to microfiltration, as required by these rules and regulations; and
(ii) The wastewater treatment plant shall be designed, operated, and maintained to meet a total phosphorus limit of 0.1 mg/l, and the applicant shall seek to have such limit included in the wastewater treatment plant’s SPDES permit; and
(iii) The applicant shall develop and implement a Department-approved Capacity, Management, Operation and Maintenance (CMOM) plan for the entire sewer system serving the wastewater treatment plant, and shall seek to have such plan incorporated into the wastewater treatment plant’s SPDES permit. At a minimum, such CMOM plan shall include:
(a) a map of the entire collection system;
(b) an assessment of the current capacity of the collection system;
(c) a program and schedule for routine inspections and testing, and preventive operation and maintenance activities;
(d) a list of any structural deficiencies identified in the system and a schedule for short- and long-term rehabilitation measures to address each identified deficiency;
(e) an inflow study, and a plan and implementation schedule, to control and eliminate, to the maximum extent practicable, stormwater contributions from sources such as catch basins, downspouts, and sump pumps; and (f) a program for training appropriate personnel on collection system operation and maintenance; and
(iv) All wastewater pumping stations in the sewer system serving the new or expanded wastewater treatment plant shall meet the alarm systems and emergency operation requirements applicable to new wastewater pumping stations as set forth in “Recommended Standards for Wastewater Facilities,” Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014); and
(v) The applicant shall seek to have included in the wastewater treatment plant’s SPDES permit a condition providing that in the event that the SPDES permitted flow limit is violated, the owner will investigate the violation and prepare a corrective action plan.
Subchapter G: Administration and Enforcement By Local Governments
§ 18-71 Certification of Administrative Programs.
(a) The local government of a town, city, village or county may apply to the Department, care of the Engineering Section (see 15 RCNY § 18-15), for certification of a program to administer specific provisions of these rules and regulations.
(1) Identification of the specific substantive and procedural provisions of the rules and regulations that the local government is requesting to administer;
(2) Number, technical expertise and experience of personnel and identification of other resources that will be dedicated to administration of the program;
(3) Identification of funding or revenue sources for implementation of the program, including a commitment of such funding for the next fiscal year;
(4) Identification of the specific department, unit or officials who will be designated to administer these rules and regulations;
(5) Identification of information management capability to insure efficient administration and adequate record keeping;
(6) Identification of applicable existing local laws and rules and regulations and plans for coordination of such laws and rules and regulations with the requirements of these rules and regulations; and
(7) Any other information requested by the Department.
(2) Within 60 business days of the Department’s preliminary certification of the administrative program, the Department and the local government shall commence negotiating and writing a draft memorandum of understanding setting forth the requirements and conditions of the program.
(3) A governmental agency or unit of a town, city, village or county that has a program for administration and/or enforcement that has been certified by the Department pursuant to this subchapter shall be referred to as a “certified local government.”
§ 18-72 Administrative Determinations.
(a) Each administrative program submitted by a local government under this subchapter shall contain provisions governing the extent and frequency of Department review and approval of administrative determinations made by the local government, as the Department shall agree upon.
§ 18-73 Annual Review of Administrative Programs.
(a) The administrative program of a certified local government shall be reviewed annually by the Department. Such review shall be based upon records that demonstrate the effectiveness of the program which include objective criteria such as:
(1) A review of determinations on applications for approval of regulated activities;
(2) A review of the adequacy of financial, personnel and other resources for the previous year, and evidence of future commitment of adequate financial, personnel, and other resources to continue the administrative program; and
(3) A review of such other records as the certified local government may be required to keep.
§ 18-74 Decertification or Modification of Administrative Programs.
(a) The administrative program of a certified local government shall be continued unless decertified or modified by the Commissioner. A preliminary determination to decertify or modify shall be made at any time if the Commissioner determines that the local government's administration of any element of the program is inadequate to protect the water supply.
§ 18-75 Certification of Enforcement Programs.
(a) The local government of a town, city, village or county may apply to the Department, care of the Engineering Section (see 15 RCNY § 18-15) for certification of a program to enforce specific provisions of these rules and regulations.
(1) Inspection of premises for potential violations of these rules and regulations and the preparation of written reports detailing the results of each such inspection; and
(2) Issuance of notices of violation of specific provisions of these rules and reg- ulations.
(1) Identification of the specific provisions of the rules and regulations that the local government intends to enforce;
(2) Number, technical expertise and experience of personnel and identification of other resources that will be dedicated to the enforcement program;
(3) Identification of funding or revenue sources for implementation of the program, including a commitment of such funding for the next fiscal year;
(4) Identification of the specific department, unit or officials who will be designated to enforce the rules and regulations;
(5) Identification of information management capability to insure efficient administration and adequate record keeping; and
(6) Any other information requested by the Department.
§ 18-76 Annual Review of Enforcement Programs.
(a) The enforcement program of a certified local government shall be reviewed annually by the Department. Such review shall be based upon records that demonstrate the effectiveness of the program which include objective criteria, such as:
(1) A review of notices of violation issued by the certified local government;
(2) A review of inspection reports prepared by the certified local government;
(3) A review of the determinations made by courts or administrative tribunals on notices of violation issued by the certified local government;
(4) A review of compliance with notices of violation issued by the certified local government;
(5) A review of the adequacy of financial, personnel and other resources for the previous year, and evidence of future commitment of adequate financial, personnel and other resources to continue the enforcement program in accordance with any requirements of a memorandum of understanding; and
(6) A review of such other records as the certified local government may be required to keep in accordance with a memorandum of understanding.
§ 18-77 Decertification or Modification of Enforcement Programs.
(a) The enforcement program of a certified local government shall be continued unless decertified or modified by the Commissioner. A preliminary determination to decertify or modify shall be made at any time if the Commissioner determines that the local government's administration of any element of the program is inadequate to protect the water supply.
§ 18-78 Consent of the City.
Nothing in this Subchapter shall be construed to allow the designated administrative or enforcement personnel of a certified local government, or any representative or attorney of a certified local government, to appear in any court proceeding or before any administrative tribunal on behalf of the City or the Department, for the purpose of enforcing violations of these rules and regulations or defending against any claim or action arising from these rules and regulations without the written consent of the City.
Subchapter H: Watershed Protection Plans
§ 18-81 Local Government Stormwater Protection Plans.
(a) A local government of a town, village, or county in the watershed may submit to the Department for review and approval a proposed local government stormwater protection plan ("Stormwater Plan") to undertake all or some aspects of watershed protection as set forth in 15 RCNY § 18-39. The Stormwater Plan may be submitted individually by a local government or jointly with one or more adjoining local government(s) in accordance with the requirements of this Subchapter.
(1) Within 90 days of receipt by the Department of a proposed Stormwater Plan, the Department shall review the proposed Stormwater Plan to determine whether it meets the requirements of this Section and notify the local government, in writing, whether the proposed Stormwater Plan is approved;
(2) If the Department fails to notify the local government(s) in writing of its determination within the 90 day period set forth in paragraph (a)(i) of this subdivision, the local government(s) may notify the Department of its failure by means of certified mail, return receipt requested to the local Department representative who is responsible for processing the Stormwater Plan;
(3) If the Department fails to notify the local government(s) within ten (10) business days of the receipt of such notice the Stormwater Plan shall be deemed approved subject to the terms and conditions set forth in the most recent submission by the local government(s).
(1) The specific provision(s) of 15 RCNY § 18-39 from which the waiver is sought;
(2) A description of the metes and bounds of the geographical area (town, village, county, or part thereof) for which the waiver is sought, including a map of the described area;
(3) Mechanisms to be established by the local government that are at least as protective of the watershed reservoir drainage basin in which the waiver will be effective as the specific provisions of 15 RCNY § 18-39 from which the waiver is sought;
(4) A commitment by the local government(s) to implement each element of the Stormwater Plan in accordance with the terms of the Stormwater Plan and a schedule for implementation of all elements of the Stormwater Plan;
(5) An agreement by the local government(s) to coordinate with the Department any review by the local government(s) required under the State Environmental Quality Review Act for regulated activities, as defined in these rules and regulations;
(6) The rights, obligations and roles of the local government(s) and the Department under the Stormwater Plan; and
(7) Identification of the approximate number, technical expertise and experience of personnel and all other resources that will be dedicated to carrying out such plan.
(1) Stormwater control structures, or best management practices, that capture and treat stormwater from existing non-point pollution sources such as areas of concentrated impervious surfaces;
(2) Mechanisms or programs that address the capture and treatment of stormwater from future non-point pollution sources on a community-wide basis such as the creation of a stormwater district;
(3) Land use controls, zoning, and other local laws, ordinances and rules and regulations that will protect the quality of the water supply, including but not limited to laws and rules and regulations concerning wetland protection, protection of hydrologically sensitive areas, and control of runoff from non-point pollution sources; or
(4) Educational programs providing information to residents of the town, village, or county whose local government is involved in the watershed protection plan process concerning:
(i) The challenges of protecting water quality and the Federal, State and local requirements for watershed protection;
(ii) The water supply system as a natural resource and source of drinking water; and
(iii) Actions that can be taken by residents and the local government to enhance water quality protection.
(1) A statement by the local government of its compliance with the terms and conditions of the approved Stormwater Plan; and
(2) A statement of future commitment of adequate financial, personnel and other resources to continue compliance with the terms and conditions of the approved Stormwater Plan.
(1) The local governments proposing the Stormwater Plan may, upon written notice to the City, modify the plan at any time after it has been agreed upon. If the Stormwater Plan is proposed to be modified, the Department shall make a determination within 60 days of notice of the proposed modification, whether the Stormwater Plan as modified shall continue to be valid and effective. In making such a determination, the Department shall consider whether the Stormwater Plan as modified, taken as a whole, continues to be at least as protective of the watershed as the specific provisions of 15 RCNY § 18-39 from which the waiver applies. The Stormwater Plan shall continue to be valid and effective during the period the Department’s review of any proposed modification. If the Department determines that the proposed modification would cause the Stormwater Plan to be not as protective as the provisions of 15 RCNY § 18-39 which are being waived, the Department shall so notify the local government(s). The existing and approved Stormwater Plan will then remain valid and effective until and unless the local government(s) implemented the proposed changes to the Stormwater Plan.
(2) If at any time the Department determines that the local government’s administration of all or part of the Stormwater Plan is not as protective as the provisions of 15 RCNY § 18-39 which are being waived, the Department may revoke or modify the Stormwater Plan after notice has been given to the local government and an opportunity to meet and discuss the problem has been provided.
(3) Upon a final determination to revoke the Stormwater Plan the waivers issued thereunder shall be void and the watershed rules and regulations contained herein shall be applicable in the area of the watershed that was previously exempt pursuant to the waivers issued under the Stormwater Plan.
(4) Any Stormwater Plan agreed to shall be reviewed by the parties agreeing to such plan fifteen (15) years after such plan becomes effective in order to determine whether such plan has met and will continue to meet its goals.
§ 18-82 Watershed Planning in the Croton System.
(a) Notwithstanding the prohibitions set forth in 15 RCNY § 18-36 on new or expanded wastewater treatment plants with surface discharges within the sixty day travel time to intake or within phosphorus restricted basins, the Department shall allow for the preparation and implementation of a Comprehensive Croton System Water Quality Protection Plan ("Croton Plan") and an accompanying phosphorus offset program and diversion credit program in accordance with this 15 RCNY § 18-82. 15 RCNY § 18-82 is independent of, does not govern, and is not governed by, 15 RCNY § 18-81.
(i) Identifies significant sources of pollution to the Croton system;
(ii) Recommends measures to be taken by the Department, the Counties, and the municipalities which, in conjunction with other federal, State, local and Department water quality protection programs, will prevent degradation to, and improve, water quality, with the long term goal of attaining water quality standards in the Croton system; and
(iii) Recommends measures to be taken to protect the character and special needs of communities located within the watershed.
(2) A County wishing to do so may, when joined by a majority of municipalities located within the County’s watershed, choose to prepare the Croton Plan for the portion of the watershed located within the County. Such Croton Plan shall be prepared in partnership with the Department.
(3) The Croton Plan shall be developed in the manner set forth in subdivisions (c), (d) and (e) below and may allow for new wastewater treatment plants with a surface discharge or for the expansion of existing wastewater treatment plants with a surface discharge, provided the additional flow is either offset by a diversion of wastewater off of the watershed pursuant to subparagraph (e)(4)(i), or the additional phosphorus load is offset pursuant to subparagraph (e)(4)(ii).
(4) Any data that would benefit the Croton Planning process that is in the possession of the Department or one of the Counties or municipalities participating in the development of a Croton Plan shall be shared among the participants and appropriately considered in developing a Croton Plan.
(1) Identification of water quality problems and community character needs. Such identification shall include the following elements:
(i) An identification of growth or development projected to occur under existing municipal zoning and master plans and allowed under existing land use controls, other than these rules and regulations, and including development necessary to maintain community character, public facilities and institutions and to serve local, regional or special needs;
(ii) An identification of specific existing water quality problem areas and specific sources of pollution to the Croton system, including areas of existing or imminent subsurface sewage treatment system failures, areas of concentrated point source discharges and substantial non-point source pollution, and areas in need of streambank stabilization.
(iii) An assessment of future water quality impacts related to growth or development identified in paragraph (i) above.
(iv) An identification of areas identified in paragraph (i) above where site constraints may prevent the siting of new subsurface sewage treatment systems in accordance with the requirements set forth in these rules and regulations.
(v) An identification of areas identified in paragraph (i) above where these rules and regulations prohibit new surface discharges from wastewater treatment plants and site constraints prevent the siting of a new wastewater treatment plant with a subsurface discharge.
(2) Identification of investments to correct existing water quality problems in accordance with developed priorities. Such identification shall include the following elements:
(i) The identified investments may include investments (i.e., capital projects and best management practices) implemented during the development of the Croton Plan, investments that the participating Counties and municipalities commit to implement, and an identification of priorities for future investments, without any commitment on the part of the Counties and municipalities to implement such investments.
(ii) Proposed measures to address water quality problems identified in paragraph (c)(1)(ii) above. Such measures may include subsurface sewage treatment system maintenance, rehabilitation and replacement programs, installation of community septic systems, the construction of sewer extensions or new sewer systems, stormwater controls, and the permanent diversion of wastewater to a discharge point outside of the watershed.
(3) Strategies for prevention of future water quality problems and the consideration of future community character needs in conjunction with the water quality goals of the Croton Plan. Such strategies shall include the following:
(i) An assessment of the economic, water quality, community character, and special needs impacts of directing growth away from areas identified in paragraphs (c)(1)(iv) and (v) above;
(ii) An identification of the economic, water quality and community character impacts of allowing growth within those areas identified in paragraphs (c)(1)(i), (iv) and (v) above, if directing growth in accordance with paragraph (c)(3)(i) above is not feasible or practical;
(iii) An identification of potential areas for the construction of new or expanded wastewater treatment plants, as provided for in (e) below, either under a future permanent phosphorus offset program or utilizing the 10 percent credit provision for an implemented diversion project and a statement of the reasoning for the selection of such potential areas;
(iv) An identification of land use and local laws and regulations that the participating Counties and municipalities have already implemented and/or agree to implement in the future which are intended, in combination with other measures in the Croton Plan, to mitigate the water quality impacts identified in subsection (c)(1)(iii) above;
(v) With respect to future land use issues, identification of mechanisms to ensure the improvement and protection of water quality is taken into consideration by the local government and that the local government agrees to use best efforts to implement such mechanisms; and
(vi) At the option of the local government, designation of “village centers” as provided for in 15 RCNY § 18-39(a)(7)(i).
(2) Within six (6) months after the release of the draft Croton Plan, the final Croton Plan shall be agreed to by the Department and the Counties and municipalities which participated in the preparation of the Croton Plan, and in consultation with the New York State Department of Health. In determining whether to agree to the Croton Plan, the Department will consider the Croton Plan, including the level of commitments therein, taken as a whole and consistent with subsection (d) of this section, meets the overall goals of the Croton Plan, set forth in subsection (b) of this section. The Department will not approve or disapprove individual components of the Croton Plan. The Department and the participating Counties and municipalities shall make a reasonable effort to resolve any and all issues which preclude their agreement to the Croton Plan. The five (5) year period referred to in paragraph (1) above, and/or the six (6) month period referred to in this paragraph (2) may be extended by agreement of the Department and the participating Counties and municipalities. In addition, the participating Counties and municipalities may, at any time, agree to discontinue the development of the Croton Plan.
(3) A failure of any participating County or municipality to agree to the Croton Plan shall not affect the ability of another participating County or municipality to agree to the Croton Plan and to site new wastewater treatment plants or to expand existing wastewater treatment plants with a surface discharge in accordance with subdivision (e).
(4) Once the Croton Plan is agreed to by the Department and the participating Counties and municipalities, the Croton Plan shall be considered valid and effective. The participating Counties and municipalities agreeing to the Croton Plan may, upon 60 days written notice to the City, modify the Plan at any time after it has been agreed upon. If the Croton Plan is proposed to be modified, the Department shall make a determination within sixty (60) days of notice of the proposed modification, whether the Croton Plan, as modified, shall continue to be valid and effective. In making such a determination, the Department shall consider whether the Croton Plan, as modified and taken as a whole, is consistent with subsection (d) of this section and meets the overall goals of the Croton Plan set forth in subsection (b) of this section. Any approved Croton Plan remains in effect pending any determination on a proposed modification and shall remain in effect until and unless either the Department agrees to a modification or a local government modifies it without the Department’s approval or ceases to implement it.
(5) Any Croton Plan agreed to shall be reviewed by the participants to the plan fifteen (15) years after the Croton Plan becomes effective in order to determine whether the Croton Plan has met and will continue to meet its goals, and to determine whether new goals are appropriate.
(6) The Counties and the municipalities agreeing to the Croton Plan shall submit to the Department an annual report each year the Croton Plan is in effect. The annual report shall be submitted on the anniversary of the date the Croton Plan became effective and shall include:
(i) A statement of the status of the developmnt or implementation of measures proposed in the Croton Plan;
(ii) A statement of expenditures incurred by the Counties and municipalities in implementing, and administering measures proposed in the Croton Plan; and
(iii) An identification of the financial, personnel and other resources needed to continue implementation and administration of the measures proposed in the Croton Plan.
(1) Site constraints prevent the proposed new wastewater treatment plant or the expanded existing wastewater treatment plant from discharging subsurface;
(2) The municipal government and the County in which the wastewater treatment plant would be sited, confirms in writing that the proposed new wastewater treatment plant or the expansion of an existing wastewater treatment plant is consistent with the Croton Plan;
(3) The Department, in consultation with the New York State Department of Health, determines that the proposed new wastewater treatment plant or expansion of an existing wastewater treatment plant is consistent with the water quality objectives of the Croton Plan; and
(4) The discharge from the new wastewater treatment plant or the expansion of an existing wastewater treatment plant complies with one of the following conditions:
(i) The total volume (or flow) of surface discharge from such new wastewater treatment plant or expansion of an existing wastewater treatment plant, together with the total volume of surface discharges from all other new wastewater treatment plants and expansions of wastewater treatment plants which have been permitted in the subject County pursuant to this subparagraph (i), shall not, in the aggregate, exceed 10 percent of the total volume (or flow) of surface discharge from wastewater treatment plants located in the Croton system, within the subject County, which previously discharged into the Croton system but have been permanently diverted, since the effective date of these rules and regulations, to a discharge point outside of the Watershed. The Department may approve applications to construct new wastewater treatment plants with surface discharges pursuant to this subdivision prior to the permanent diversion of wastewater, and allow construction to begin on such new wastewater treatment plants, provided that the wastewater treatment plant may not commence operation until the diversion for which the credit is received has actually occurred.
(5) With respect to any new or expanded wastewater treatment plant allowed pursuant to this subdivision (e), the Department will not impose additional requirements on the siting of such new or expanded wastewater treatment plant other than the requirements specifically set forth in these rules and regulations applicable to all wastewater treatment plants, the requirements of this subdivision (e), and, with respect to new or expanded wastewater treatment plants in phosphorus restricted basins relying on phosphorus offsets, the requirements of any phosphorus offset program pursuant to 15 RCNY §§ 18-82(g), 18-83(a) and 18-84.
(2) Within thirty (30) days after receipt of a notice as described in subdivision (f)(1) above, the Department shall notify a County or municipality of its inclusion in the preparation of a Croton Plan.
(3) If a County and its municipalities wish to prepare a Croton Plan, in accordance with subdivision (b)(2) above, the Department shall, within thirty (30) days of receipt of a notice as described in subdivision (f)(1) above, authorize the County and municipalities to begin preparation of such a Croton Plan. Such authorization shall include a commitment by the Department to cooperate with the County and municipalities in generating the data and information reasonably necessary to address the Croton Plan elements identified in subdivision (c) above.
(4) The provisions of subdivision (e) above shall not apply in any County or municipality which fails to participate in the preparation of the Croton Plan, fails to cooperate with the Department in the manner described in paragraph (f)(1) above in preparing the Croton Plan; fails or ceases to implement any water quality protection measures which such County or municipality has committed to implement as part of the final Croton Plan agreed upon by the County, municipality and the Department; or where a previously agreed upon Croton Plan is no longer valid and effective.
§ 18-83 Watershed Planning in the West of Hudson Watershed. [Repealed]
*§ 18-84 Permanent Phosphorus Offset Program. [Repealed]* ::
Subchapter I: Severability
§ 18-91 Severability.
The provisions of these rules and regulations shall be severable, and if any item, subclause, clause, sentence, subparagraph, paragraph, subdivision, section or Subchapter of these rules and regulations, or the applicability thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the application thereof, but shall be confined in its operation to the item, subclause, clause, sentence, subparagraph, paragraph, subdivision, section or Subchapter thereof, or to the person or circumstance directly involved in the controversy in which such judgment shall have been rendered.
Appendix 18-A Watershed Maps
Appendix 18-B System Specific Water Quality Characteristics and Applicable Monitoring Criteria
§ 19-01 Definitions.
For the purpose of this chapter, the meaning of terms shall be as follows (unless the context specifically indicates otherwise):
Allowable Runoff. “Allowable runoff” shall mean non-stormwater discharges associated with firefighting activities or as otherwise authorized by the Commissioner, pursuant to this chapter.
Articles. “Articles” shall mean clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.
Best Management Practices (“BMP”). “Best Management Practices” or “BMP” include, but are not limited to, a schedule of activities, prohibitions, maintenance policies, and other management procedures that are implemented to prevent or reduce the discharge of pollutants into the public sewer system. Best Management Practices also include pretreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
Best Management Practice Plan (“BMPP”). “Best Management Practices Plan or “BMPP”, for the purposes of this regulation, shall mean an operational methodology prepared in accordance with the requirements of this Section and established by any person pursuant to this Chapter 19 Title 15 of the RCNY or by order of the Commissioner to prevent or reduce the discharge of any substance regulated under this Chapter, consistent with the principles of Best Management Practices, to the public sewer system.
BOD (denoting Biochemical Oxygen Demand). “BOD” shall mean the laboratory determination of the quantity of oxygen utilized in the biochemical oxidation of organic matter in a given time and at a specified temperature. It is expressed in parts per million (ppm) or (mg/L) of oxygen used in a period of five days at 20°C.
Catch basin. “Catch basin” shall mean a structure or device designed to collect and convey stormwater to a storm or combined sewer. It captures some of the debris and heavy solids carried by the flow in a settlement chamber and stores this material for periodic removal.
Combined sewage. “Combined sewage” shall mean sewage originating from sanitary and/or industrial wastewater and stormwater.
Combined sewer. “Combined sewer” shall mean a sewer receiving sanitary and/or industrial wastewater, commingled with stormwater.
Commissioner. “Commissioner” shall mean the Commissioner of Environmental Protection.
Contributory area. “Contributory area” shall mean the area from which the intercepted sewage flow is controlled by a regulator chamber.
Cooling water. “Cooling water” shall mean the water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other sources. It shall contain no polluting substances which would produce BOD or SS in excess of 10 mg/L or toxic substances in concentrations or amounts greater than those specified herein.
Cost per pound of removing pollutants. “Cost per pound of removing pollutants” shall mean the cost per pound (in dollars) of removing from sewage the BOD and SS contained in wastewater discharged into the sewerage system expressed to the nearest tenth of a cent as certified by the Commissioner pursuant to Paragraph 14 of Subdivision a of § 24-523 of the Administrative Code.
Department. “Department” shall mean the Department of Environmental Protection of the City of New York.
Dip tank. “Dip tank” shall mean a separate tank that contains perchloroethylene and is used for purposes other than dry cleaning.
Direct discharge. “Direct discharge” shall mean a discharge to a public sewer from a house sewer.
Discharge. “Discharge” shall mean the introduction or release of any substance, whether knowing or unknowing, accidental or otherwise, to a public sewer or private sewer connected to a public sewer and shall include both direct and indirect discharges as defined herein.
Diversion chamber. “Diversion chamber” shall mean a structure which diverts sanitary sewage into a regulator chamber under dry-weather conditions. During wet-weather it directs combined sewage, in excess of treatment plant capacity, to overflow into a tide gate chamber.
Drainage area. “Drainage area” shall mean the geographical area which contributes flow to a particular location in the sewerage system.
Dry cleaning. “Dry cleaning” shall mean the process used to remove soil, greases, paints and other unwanted substances from articles with the use of perchloroethylene.
Dry cleaning equipment. “Dry cleaning equipment” shall mean any machine, device, or apparatus used to dry clean articles.
Dry cleaning facility. “Dry cleaning facility” shall mean an establishment with one or more dry cleaning systems.
Dry cleaning system. “Dry cleaning system” shall mean all of the following equipment, devices, or apparatus associated with the perchloroethylene dry cleaning operations, including, but not limited to: dry cleaning equipment; filter or purification systems; waste holding; treatment or disposal systems; water separators; perchloro- ethylene supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey perchloroethylene-contaminated air; and dry cleaning control systems.
Effluent. “Effluent” shall mean wastewater, treated or untreated, which is discharged directly or indirectly to a public sewer.
Flammable. “Flammable” shall mean any waste stream with a closed cup flash point of less than 100 degrees Fahrenheit or 38 degrees Centigrade using the test methods specified in the definition of “flash point” in New York City Fire Code Section FC 3402.
Groundwater. “Groundwater” shall mean any water removed from the ground, including water from springs, and natural underground streams but excluding water from wells used for the delivery of potable or process water.
House drain (building drain). “House drain” shall mean that part of the lowest horizontal piping of a house drainage system which receives the discharge from soil, waste and other drainage pipes of the building and conveys such drainage to the house sewer.
House drainage system. “House drainage system” shall mean that part of the plumbing system which receives, conveys and removes liquid and waterborne wastes to a public or private sewer.
House sewer. “House sewer” shall mean that part of a house drainage system which extends from a house drain to a connection with a public or private sewer.
Indirect discharge. “Indirect discharge” shall mean a discharge from a private sewer to a public sewer, or a discharge to any street, gutter, pipe, channel, pumping station, catch basin, drain, waterway, or other conveyance leading to or connecting with a public sewer, including but not limited to the placement or abandonment of any substance which could reasonably enter a public sewer under the force of stormwater or other influence.
Industrial wastes. “Industrial wastes” shall mean any liquid, gaseous or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.
Influent. “Influent” shall mean wastewater which flows into a pretreatment device or facility, or into a sewage treatment plant.
Interceptor. “Interceptor” shall mean a sewer which receives the dry-weather flow from a number of transverse combined or sanitary sewers and conducts such sewage to a water pollution control plant. During storms it receives predetermined quantities of dry-weather flow admixed with stormwater and conducts commingled sewage to a water pollution control plant.
Interceptor-collector. “Interceptor-collector” shall mean a sewer which not only intercepts existing combined sewers to convey the flow to a sewage treatment plant, but also serves as a local sanitary sewer.
Laboratory determination. “Laboratory determination” shall mean the measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurements, tests and analysis, of “Standard Methods for Examination of Water and Waste Water,” a joint publication of the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation or in accordance with any other methods prescribed by the Commissioner in these Rules and Regulations or in any other Rules and Regulations.
May. “May” is permissive.
mg/L. “mg/L” shall mean a unit of concentration expressed in milligrams per litre.
Non-polar material. “Non-polar material” shall mean that portion of the oil and grease that is not eliminated from a solution containing N-Hexane, or any other extraction solvent the EPA shall prescribe, by silica gel adsorption.
Oil and grease. “Oil and grease” shall mean the matter extractable from a wastewater sample using N-Hexane or any other extraction solvent the EPA shall prescribe.
Other wastes. “Other wastes” shall mean garbage (shredded or unshredded), refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinder, ashes, and all other discarded matter not sewage or industrial waste.
Perchloroethylene.”Perchloroethylene” shall mean a colorless, volatile chlorinated hydrocarbon. Perc is also known as tetrachloroethylene and PCE. The chemical formula for perc is Cl2C:CCl2. The CAS (chemical abstract service) registry number for perc is 00127-18-4.
Person. “Person” shall mean any individual, firm, company, association, society, corporation, institution or group.
pH. “pH” shall mean the logarithm of the reciprocal of the hydrogen ion concentration. It indicates the intensity of acidity or alkalinity expressed in terms of pH scale running from 0 to 14. A pH value of 7.O, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 acidity.
Pollutants. “Pollutants” shall mean substances that may be present in sewage, industrial waste or other waste, whether gaseous, liquid or solid.
ppb. “ppb” shall mean parts per billion by volume in air or by weight in water.
Premises. “Premises” shall mean any parcel of real property including land, improvements or appurtenances, such as buildings.
Pretreatment. “Pretreatment” shall mean any measures to be taken by a user of the public sewer that are necessary in order that the characteristics or amounts of substances discharged to a public sewer, either directly or indirectly, comply with 15 RCNY §§ 19-03 or 19-04, including but not limited to the alteration of plant or processes, the installation of equipment and/or the implementation of procedures designed to reduce or eliminate the discharge of pollutants and toxic substances or eliminate any discharge so that compliance with 15 RCNY §§ 19-03 or 19-04 is attained.
Private sewer. “Private sewer” shall mean a sewer located either in public or private property, which is privately owned and is controlled by public authority to the extent provided by law.
Public sewer. “Public sewer” shall mean a sewer which is owned by the City of New York.
Pumping station. “Pumping station” shall mean a structure in the sewerage system housing pumps and appurtenances to lift sewage from a lower to a higher level.
Regulator. “Regulator” shall mean a device or apparatus for controlling the quantity of combined sewage from a contributory area admitted to an interceptor or interceptor collector. It is usually comprised of a regulator chamber, a diversion chamber and a tide gate chamber.
Regulator chamber. “Regulator chamber” shall mean a structure and related appurtenances, which limits the quantity of flow to an interceptor or interceptor-collector.
Sanitary sewer. “Sanitary sewer” shall mean a sewer which conveys only sanitary or industrial sewage.
Sanitary wastes. “Sanitary wastes” shall mean bodily wastes, wash water, or similar matter.
Scavenger wastes. “Scavenger wastes” shall mean the sludge derived from sanitary wastewater discharged into cesspools, septic tanks or privies located within the City of New York.
Sewage. “Sewage” shall mean and include, for purpose of these Regulations, water and waterborne materials and substances of every kind and description which are present in a sewer, including but not limited to wastewater, human or animal wastes, industrial waste or other waste, or infiltration and inflow.
Sewage treatment works, sewage treatment plant or water pollution control plant. “Sewage treatment works,” “sewage treatment plant” or “water pollution control plant” shall mean a City-owned facility for the treatment of sewage.
Sewer. “Sewer” shall mean a pipe or conduit for carrying sewage and/or stormwater. Except where otherwise specified or where the context clearly dictates otherwise, the term “sewer” as used in this chapter shall refer to a public sewer.
Sewer surcharge. “Sewer surcharge” shall mean a charge which may be applied by the New York City Water Board to premises or users discharging wastewater, directly or indirectly, into a public sewer which contains BOD and/or SS in concentrations exceeding those which may be specified by rule of said board.
Sewerage system or sewer system. “Sewerage system” or “sewer system” shall mean and include all sewers, including storm sewers, sanitary sewers, combined sewers and intercepting sewers and manholes, sewage pumping treatment and disposal works and any other plants, works or equipment and accessories within the City, which are used or useful in connection with the collection, treatment or disposal of sewage and waste, and which are owned, operated or maintained by the City as part of the public sewer system.
Shall. “Shall” is mandatory.
Shredded garbage. “Shredded garbage” shall mean garbage shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any direction.
Silver-Rich Solutions. “Silver-Rich Solutions” include, but are not limited to, fixers, bleach-fixes, stabilizers (e.g. plumbless stabilizers and chemical washes), low-flow washes, and all functionally-similar solutions.
SS (denoting suspended solids). “SS” shall mean the laboratory determination of the dry weight expressed in parts per million (ppm) or mg/L of solids that either float on the surface or are in suspension in sewage and can be removed by filtration.
Storm sewer. “Storm sewer” shall mean a sewer, the primary purpose of which is to carry stormwater.
Stormwater. “Stormwater” shall mean runoff that is generated when precipitation from rain events or snowmelt flows overland and does not percolate into the ground.
Tide gate chamber. “Tide gate chamber” shall mean a structure and related appurtenances which allows bypassing or overflow of excess combined sewage of a combined sewer or the flow of stormwater of a storm sewer to enter the receiving waters and prevents back flow of the receiving waters into the sewerage system.
Total silver halide process wastewater. “Total silver halide process wastewater” shall mean the sum of all aqueous solutions used in any silver halide imaging process, including, but not limited to, photography film developers, fixers, bleach-fix, stabilizers, washes, rinse waters, and all functionally-similar solutions.
Toxic substance. “Toxic substance” shall mean any substance on the list of toxic pollutants or combination of pollutants published by the Administrator of the Federal Environmental Protection Agency pursuant to § 307(a)(1) of the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, as amended, or any substance whether gaseous, liquid or solid, which when discharged to the sewerage system may tend to (1) interfere with or inhibit any sewage treatment plant process or disposal operation or (2) be detrimental to the health of human beings, animals or to aquatic life.
Unshredded garbage. “Unshredded garbage” shall mean solid waste from preparation, cooking and dispensing of food or food products and from handling, storing and sale of produce.
User. “User” shall mean any person which causes a direct or indirect discharge to a public sewer.
Wastewater. “Wastewater” shall mean liquid carried sanitary, industrial or other wastes.
Water separator. “Water separator” shall mean a vessel that uses gravity to physically separate liquid perc from liquid water.
§ 19-02 Disposal of Wastewater, Stormwater and Groundwater.
(a) Except with the written approval of the Commissioner, no stormwater outlet such as from a building, yard, or catchbasin, nor any drain from a body of water such as a lake, swamp, pond or swimming pool shall be connected to a public sewer, or to a private sewer connected to a public sewer, or to an interceptor-collector.
(2) The Commissioner may impose any terms or conditions in a groundwater discharge permit that he deems necessary. If those terms or conditions are not complied with at all times, the permit may be revoked.
(3) The Commissioner may consult with the United States Environmental Protection Agency and the New York State Department of Environmental Conservation prior to granting a groundwater discharge permit, for discharges to combined or sanitary sewers, and at their suggestion, may include such conditions as he deems appropriate.
(1) substantial property damage will result unless such groundwater is removed;
(2) there is no feasible alternative method of disposal;
(3) allowing the discharge will not overload the hydraulic capacity of the sewer; and
(4) such discharge will not cause an unacceptable dilution of the influent to the water pollution control plant receiving the groundwater discharge.
(i) the discharger shall develop and implement, pursuant to a schedule set by the Commissioner, an alternative method of disposal, unless the applicant demonstrates to the satisfaction of the Commissioner that no such alternative method of disposal exists or can be developed or implemented;
(ii) the discharger shall indemnify and hold the City of New York harmless for any damage or liability incurred by the City of New York either directly or indirectly, in the event that the discharge results in overloading the capacity of such storm sewer, or otherwise causes flooding, and shall also post and maintain such cash or surety bond as may be required and will be satisfactory to the Commissioner and shall supply evidence of such bond when required;
(iii) the discharger shall pay a sewer rent or charge equivalent to the one imposed by the Department pursuant to § 24-514 of the Administrative Code.
(2) Approvals for the discharge of groundwater into either combined or sanitary sewers, shall require, at a minimum, compliance with the following conditions:
(i) the discharger shall develop and implement, pursuant to a schedule set by the Commissioner, an alternative method of disposal, unless the applicant demonstrates to the satisfaction of the Commissioner that no such alternative method of disposal exists or can be developed and implemented;
(ii) the discharger shall indemnify and hold the City of New York harmless for any damage or liability incurred by the City of New York either directly, or indirectly, in the event that the discharge results in overloading the capacity of such sewer, causes a bypass away from the sewage treatment plant to which it would have otherwise flowed, or otherwise causes flooding, and shall also post and maintain such cash or surety bend, as may be required and will be satisfactory to the Commissioner and shall supply evidence of such bond when required;
(iii) the discharger shall pay a sewer rent or charge equivalent to that imposed by the Department pursuant to § 24-514 of the Administrative Code.
(1) Notwithstanding any other provision of this chapter, any person may apply to the department for written approval to discharge a substance other than stormwater or groundwater into a storm sewer in accordance with the requirements of this subdivision.
(2) An applicant may apply by submitting an application on the form and in a format approved by the Commissioner and made available on the City’s website.
(3) Such written approval shall be granted for a period determined by the Commissioner, not to exceed one year. The Commissioner may approve additional discharge periods upon new application by the discharger.
(4) The Commissioner shall disapprove an application for a discharge, pursuant to this section if, in the determination of the Commissioner, the discharge is reasonably likely to be:
(a) Inconsistent with the proper maintenance and purpose of the city’s storm sewers, including but not limited to the capacity of such storm sewers; or
(b) A significant contributor of pollutants to the sewer system or to surface waters of the state, or otherwise inconsistent with the state pollutant discharge elimination system (SPDES) permit for municipal separate storm sewer systems of New York City, SPDES No. NY-0287890 or its successor.
(5) The Commissioner may impose such terms and conditions that he or she deems necessary to protect the sewer system, the surface waters of the state, or to protect the public health or the environment.
(6) The applicant may file with the Commissioner a written appeal of a denial of an application submitted, pursuant to Paragraph (1) of this subdivision or of the terms or conditions of a written approval imposed, pursuant to Paragraph (5) of this subdivision. Such appeal must be filed within 30 days of the determination on the application. Appeals shall be reviewed by the Department and a final determination regarding the appeal shall be made within a reasonable period of time.
(7) If the terms or conditions of a written approval are not complied with at all times, the written approval may be revoked upon notice to the discharger and an opportunity to be heard, except that the Department may, upon a finding that the continued discharge presents an imminent harm to public health or safety or to the environment, immediately revoke such written approval without prior notice. In such case, the Commissioner shall forthwith notify the individual of such revocation, the reasons for such revocation and that the individual has the right to request a hearing within a reasonable period of time.
§ 19-03 Materials and Substances Excluded from Public Sewers.
(a) Except as hereinafter provided, any person that discharges or causes to be discharged, including any run, leak, or escape into any public sewer, pipe, channel, pumping station, catch basins or any other sewer appurtenances, or waterway connecting with any public sewer, or into any private sewer connected with a public sewer any of the following described materials, substances or wastes, except such small quantities as may be present in normal household wastes, shall be strictly liable, without regard to fault:
(1) Construction materials, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, coffee grounds, fur, wax, or any solids or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system;
(2) Snow and ice at unauthorized locations;
(3) Steam or wastewater above 150°F;
(4) Flammable or explosive liquids, solids or gases, including but not limited to gasoline, benzene and naphtha (notwithstanding anything to the contrary contained in these Regulations, under no circumstances may any such substances be discharged into the sewerage system);
(5) Oil sludges, waste oil, motor oil, diesel and other fuels, dielectric fluid, brake fluid, transmission fluid, hydraulic fluid, or other similar substances;
(6) Non-polar material, as defined in 15 RCNY § 19-01, in concentrations greater than 50 mg/L for any given time;
(7) Coal tar, its derivatives and waste;
(8) Paints and related paint waste products from any source that tend to clog or otherwise interfere with the operation of the sewerage system;
(9) Wastewater having a pH lower than 5.0 or higher than 12.0 or having any other corrosive property likely to cause damage to structures or equipment of the sewerage system or create a hazard to personnel;
(10) Toxic substances in such quantities, which the person knows or has reason to know, may when discharged from a single source or in combination with other sources:
(i) interfere with any sewage treatment process, including sludge digestion;
(ii) limit the City’s options for operating its sewerage system or disposing of the sewage sludge, grit or scum generated at water pollution control plants;
(iii) be detrimental to the health of human beings, animals, or aquatic life;
(iv) create any adverse effect in the receiving waters; or
(v) violate federal or state laws or regulations or the requirements of a discharge permit of a sewage treatment plant issued pursuant to § 402 of the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, as amended, or any other permit issued pursuant to federal or state law.
(11) Toxic substances in such quantities which, when discharged from a single source or in combination with other sources:
(i) violate any federal or state laws, regulations, rules or standards governing such discharge; or
(ii) violate the toxic discharge limits to be set by the Commissioner, contained in a list to be maintained by the Commissioner and which may be published from time to time in the City Record, or
(iii) violate any discharge limit contained in 15 RCNY § 19-04(a) or ordered pursuant to 15 RCNY § 19-04(b).
(12) Any liquids or wastes containing pollutants of such quality and/or quantity that become burdensome in the operation and maintenance of a sewage treatment plant;
(13) Any noxious or malodorous gas or substance capable of creating a public nuisance;
(14) Any wastewater or substance, which in the opinion of the Commissioner, will result in a violation of any applicable federal, state or local water quality standard concerning discoloration or other undesirable physical change in the appearance of the receiving waters.
(15) Any still bottom or sludge residues resulting from dry cleaning processes including, but not limited to, dirt, lint, soil and any other deposits or residues extracted as a result of any dry cleaning processes. The discharge of filters or filter media used in dry cleaning processes is also prohibited.
(2) In the event of a discharge in violation of any provision of any section of any title of these Regulations, the person involved in the accidental discharge, shall immediately notify the Department, at any hour, by telephone at 311, and shall give such other additional notice as the Commissioner may direct. The telephone notification shall include, the name of the person reporting the discharge, the exact time and location of the discharge, the nature of the discharge, including quantity, what it contains and any other information the Commissioner may request. The Commissioner may require additional notification and reporting, including written reports in a form he may prescribe.
(3) All establishments using or storing toxic or other substances the discharge of which would be prohibited, restricted, or regulated by these Regulations, shall post a notice of the procedures to be followed in the event of an accidental discharge. The Commissioner may prescribe the size, form and content of this notice. This notice shall be posted at the location of the storage and use of toxic and other substances, the discharge of which would be prohibited, restricted or regulated by these Regulations.
(4) In the event of a discharge that enters or has the potential to enter the public sewers, in violation of any provision of any section of any title of these regulations, any person involved in the discharge shall immediately take steps to mitigate the affects of such discharge and commence clean-up procedures of such discharge in accordance with all applicable Federal, State and City laws, rules and regulations.
§ 19-04 Toxic Substances Accepted Conditionally.
(a) The concentration in wastewater of any of the following toxic substances shall not exceed the specified concentrations listed below before discharge to a public sewer;
| Toxic Substance | Permissible Maximum Concentration for any given time (mg/L) | Daily Average Maximum Concentration (mg/L) |
|---|---|---|
| Cadmium | 2 | 0.69 |
| Chromium (hexavalent) | 5 | – |
| Copper | 5 | – |
| Cyanide (amenable) | 0.2 | – |
| Lead | 2 | – |
| Mercury | 0.05 | – |
| Nickel | 3 | – |
| Zinc | 5 | – |
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(2) The Commissioner may by order impose maximum amounts or concentrations of a toxic substance which may be discharged directly or indirectly to a public sewer from an industrial source notwithstanding that such amounts or concentrations are less than those demanded by other subdivisions of this section or that the substance is not regulated by such subdivisions for that source, provided that such amounts or concentrations are economically achievable by that source as determined by the Commissioner. Within 20 days after service of the Commissioner’s determination and order, the person discharging the toxic substance may request a hearing at which evidence may be presented only upon the issue of the economic achievability of the maximum amounts or concentrations of the toxic substance, as imposed by the Commissioner, to be discharged to the public sewer. Following such hearing, the hearing officer designated by the Commissioner shall report his findings and recommendations to the Commissioner who, in his discretion, may sustain, revoke, or modify his original determination and order. The Commissioner shall, upon his decision to sustain or modify his original determination and order, issue a final order to the person discharging the toxic substance to comply with such decision.
§ 19-05 Permit for Industrial Wastewater Discharge.
(a) The following persons may not discharge wastewater to the public sewers without an industrial wastewater discharge permit, or equivalent control mechanism:
(1) Significant Industrial Users, as defined in the Code of Federal Regulations, in 40 C.F.R. Part 403.3(v); and
(2) Any other person for which the Commissioner determines that a wastewater discharge permit or equivalent control mechanism is necessary to protect the sewer system or the treatment processes thereof or to protect the public health or welfare.
(2) The Commissioner, in his discretion, may issue wastewater discharge permits and may impose such terms and conditions he deems necessary to protect the sewer system or the treatment processes thereof or to protect the public health or welfare. Non-compliance with any of the terms and conditions of the permit, shall be grounds for revocation of the permit to discharge wastewater into the public sewer; such revocation shall be effective immediately upon notice to the permittee of such revocation.
(i) complete an industrial wastes questionnaire form;
(ii) allow an inspection of the user’s processes which contribute wastewater to a public sewer;
(iii) measure and sample for the purposes of determining volume and characteristics of effluents which are discharged to a public sewer. Any information included in the industrial wastes questionnaire which is designated confidential business information by the user of the public sewer, except effluent characteristics, is to be treated in accordance with applicable law and procedures established by the Commissioner.
(2) An industrial waste questionnaire shall include:
(i) Details of production, number of employees, water consumption and usage, waste disposal facilities, and other pertinent data to enable the Commissioner to properly determine the nature of the waste being discharged;
(ii) A plan of the property showing accurately all sewers, drains and house sewer connections;
(iii) A laboratory determination of the characteristics of the wastewater discharged to a public sewer, if required by the Commissioner. Such a laboratory determination shall be made at the expense of the applicant, and when the applicant has neither the facilities nor professional personnel to properly perform this laboratory determination in accordance with the methods prescribed in the definition of laboratory determination under 15 RCNY § 19-01, he shall have the laboratory determination performed and attested to by a person or agency of recognized professional standing. The samples of wastewater for which a laboratory determination is to be made shall be taken in accordance with the direction of the Commissioner and the results shall be transmitted to the Commissioner.
§ 19-06 Removal, Transportation and Disposition of Scavenger Wastes.
(a) (1) Scavenger wastes shall be admitted into the sewerage system at designated manholes only. The discharge, directly or indirectly, of scavenger wastes into the sewerage system without a valid permit or in contravention of the terms of a permit shall constitute a violation of this section. Persons desiring to discharge scavenger wastes at such designated manholes shall be required to obtain a scavenger wastes permit from the Commissioner.
(2) The disposal of such wastes to the City’s sewerage system from sources outside of New York City is prohibited.
(3) Sludges from cesspools or septic tanks containing substances derived from non-sanitary wastewater will not be admitted into the sewerage system except by special permit issued by the Commissioner.
(4) The discharge of these wastes shall be made only at a designated manhole location on a combined or sanitary sewer as shall be stated in said permits or as may be relocated by the Commissioner.
(1) Name of firm or individual and address;
(2) Volume of scavenger wastes removed each year for the last three years; new applicants to submit an estimate of volume for the first year.
(3) Number of scavenger vehicles in collection service.
(4) Completed copy of the New York State Department of Environmental Conservation Waste Transporter Permit.
§ 19-07 Best Management Practices Plans (BMPPs) for Persons Discharging Total Silver Halide Process Wastewater to the Public Sewer System.
(a) Any person that discharges total silver halide process wastewater to the public sewer system, including, but not limited to, photofinishers, printers, publishers, hospitals, dentists, and X-ray laboratories, shall prepare and implement a Best Management Practices Plan (BMPP) in accordance with the applicable provisions of subdivision (i) of this section.
(1) one day per month, for persons discharging 100 gallons or more of total silver halide process wastewater; or
(2) one day per calendar quarter, for persons discharging less than 100 gallons per day of total silver halide process wastewater; or
(3) one day per calendar year, for persons discharging less than 100 gallons per day of total silver halide process wastewater and who are complying with subsection (i)(1)(ii)(b) of this regulation. Flows shall be recorded as the daily amount of all Total Silver Halide Process Wastewater that are discharged to the public sewer. The day that is selected for gauging and for sampling must be representative of a normal production day. Flows should be determined either through the use of: (i) fixed metering equipment, (ii) timed filling of a vessel of known volume, or (iii) through calculation, utilizing estimated amounts of make-up (replenishment) solutions.
(1) Discharges of less than 100 gallons per day. Any person that discharges less than 100 gallons per day of total silver halide process wastewater shall:
(i) install and continually operate metallic replacement pretreatment technology designed to recover at least 90% of the silver from the Silver-Rich Solutions processed;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least:
(A) once per calendar quarter on a day that is representative of normal operations; or
(B) once per calendar year on a day that is representative of normal operations, only if the person maintains a log of the amount of silver-rich solutions being treated and discharged.
(iii) measure representative daily quantities of Total Silver Halide Process Wastewater discharged to the public sewer;
(iv) keep written records of pretreatment technology maintenance;
(v) keep written records of the date that any new pretreatment technology is brought into service; and
(vi) keep all measurements and records required by this section at their facility for at least one year from the date such records and measurements are made.
(2) Discharges of 100 up to but not including 1,000 gallons per day. Any person that discharges from 100 up to but not including 1,000 gallons per day of total silver halide process wastewater shall:
(i) install and continually operate one of the following pretreatment technologies designed to recover at least 90% of the silver from the Silver-Rich Solutions processed:
(A) two metallic replacement units installed in series and operated simultaneously; or
(B) electrolytic recovery; or
(C) chemical precipitation;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least once per month on a day that is representative of normal operations;
(iii) measure representative daily quantities of Total Silver Halide Process Wastewater discharged to the public sewer;
(iv) keep written records of pretreatment technology maintenance;
(v) keep written records of the date that any new pretreatment technology is brought into service; and
(vi) keep all measurements and records required by this section at their facility for at least three years from the date such records and measurements are made.
(3) Discharges of 1,000 up to but not including 10,000 gallons per day. Any person that discharges from 1,000 up to but not including 10,000 gallons per day of Total Silver Halide Process Wastewater shall:
(i) install and continually operate one of the following pretreatment technologies designed to recover at least 95% of the silver from Silver-Rich Solutions processed:
(A) electrolytic recovery and metallic replacement; or
(B) chemical precipitation; or
(C) any combination of the above;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least once per month on a day that is representative of normal operations;
(iii) perform one composite sampling of the influent and effluent at least once every two years on a day that is representative of normal operations and have the sample analyzed for silver by a laboratory certified by the New York State Department of Health;
(iv) measure representative daily quantities of Total Silver Halide Process Wastewater discharged to the public sewer;
(v) keep written records of pretreatment technology maintenance;
(vi) keep written records of the date that any new pretreatment technology is brought into service; and
(vii) keep all measurements and records required by this section at their facility for at least three years from the date such records and measurements are made.
(4) Discharges of 10,000 gallons per day or more. Any person that discharges 10,000 gallons per day or more of Total Silver Halide Process Wastewater shall:
(i) install and continually operate one of the following pretreatment technologies designed to recover at least 99% of the silver from Silver-Rich Solutions processed:
(A) two metallic replacement units installed in series and operated simultaneously and one electrolytic recovery unit; or
(B) one electrolytic recovery unit and chemical precipitation;
(ii) test for the silver concentration in the influent and effluent from the silver recovery unit(s) using silver estimating paper/wire and/or test kits at least once per month on a day that is representative of normal operations;
(iii) perform one daily composite sampling of the influent and effluent at least once every calendar year on a day that is representative of normal operations and have the sample analyzed for silver by a laboratory certified by the New York State Department of Health;
(iv) measure representative daily quantities of Total Silver Halide Process Wastewater discharged to the public sewer;
(v) keep written records of pretreatment technology maintenance;
(vi) record the date any new pretreatment technology is brought into service; and
(vii) keep all measurements and records required by this section at such person’s facility for at least three years from the date such records and measurements are made.
§ 19-08 House and Trailer Connections.
(a) Conditional house connection.
(1) Conditional House Connection Permits are issued under a variety of situations among which the two (2) most common are:
(i) The Developer/Builder does not have a Prospectus at the time house connection permits have to be issued as consequence of a hardship.
(ii) The Developer/Builder does not have a Prospectus which is most likely early on in the construction sequence of his Building Construction, however needs one or several connections to drain his construction site.
(2) The manner in which conditional House Connection Permits are issued is as follows: The Local Office will approve a Permit Application conditionally by indicating on it that the Certificate of Inspections are not to be released until a Prospectus has been secured.
(1) A construction trailer that is necessitated by the construction of a Building. The trailer connection(s) in such a case should be tied in with the certification of the Site Connection Proposal and the issuance of the House Connections Permits for this building as follows:
(i) The Plumber requesting the trailer connection should present a copy of the certified Site Connection Proposal with his Permit Application.
(ii) The Local Office will issue a house connection permit subject to the following condition: We will withhold the Certificate of Inspection for at least one of the Buildings House Connections until the plug for the trailer connection is performed.
(2) If the construction trailer is necessitated by D.O.T. (or any other Agency’s) Capital Project the plumber should present an original letter from D.O.T. (or any other Agency) to D.E.P. indicating the following:
(i) The number and size of connections needed.
(ii) The duration of the construction operations at the end of which the plumber will plug the trailer connection(s).
(iii) Guarantee from D.O.T. (or any other Agency) that the Plumber will obtain a plug permit(s) at the end of their construction operations to plug the trailer connection(s). The Local Office will not issue any other trailer connections to the agency in question if it is common knowledge that a job has been completed and there are outstanding open connections.
(1) NB/BN/ALT numbers
(2) Street address
(3) Block & Lot
(4) Site Plans
(5) Tentative Lot Sheets
(6) Survey
(1) For private sewers that are still recoupable. (meaning either/or:
(i) All property owners abutting the sewer have not paid their proportionate part of the sewer cost for sewers built prior to 1963)
(ii) For sewers where the Construction Permits were obtained after January 1, 1963 the seven year period is not up and all the abutting property have not paid their share of the private sewer cost.)
(2) The following procedure is to be followed:
(i) Case I (Plumber has “Consent Letter”). At the time of applying for the House Connection Permit the Plumber will present the “Proof of Payment Letter” (Sewer Owner’s Consent Letter) to the Local Office of the Permit Control Section in order to be able to connect to the Private Sewer.
(ii) Case II (Missing Sewer Owner). At the time of applying for the House Connection Permit the plumber will present the following additional documents:
(iii) Case III (House Connection Charge Dispute with Sewer Owner). At the time of applying for the House Connection Permit the plumber will present the following additional documents:
§ 19-09 Business Confidentiality Procedures.
(a) Scope. These procedures concern all information submitted to the Department pursuant to either the New York City Department of Environmental Protection rules and regulations relating to the use of the Public Sewers or to §§ 24-501 et seq. of Chapter 5 of Title 24 of the Administrative Code of the City of New York. All requests for confidentiality will be evaluated in accordance with Article 6 of the New York State Public Officers Law.
(1) Method and time to assert a claim. A business may assert a claim concerning information requested by the Department, by placing a cover sheet, stamped legend or any other suitable form of notice on the information, employing language such as “trade secret”, “proprietary” or “company confidential” at the time such information is submitted. Allegedly confidential parts of otherwise non-confidential documents should be clearly marked as such. Effluent data, as defined in Part 2.302 of Title 40 of the Code of Federal Regulations, cannot be treated as confidential.
(2) Failure to submit a timely claim. If a business submits information in response to a Department request, without a claim accompanying such information at the time it is received by the Department, the Department need not make further inquiries to the business concerning confidentiality of the submitted information; the information may be made available for public inspection. If a claim is submitted after the Department has received the information, the Department may make efforts that are administratively practicable to process the late claim with the previously submitted information.
(1) The Department shall give written notice to each business asserting a claim, in accordance with 15 RCNY § 19-09(b)(1), stating that written comments, as described in 15 RCNY § 19-09(c)(5), must be submitted no later than 15 business days after receipt by the business of the request for comments. The request for comments will indicate the address of the appropriate Department official to whom comments should be sent, and will also state that failure to submit timely comments will be construed as a waiver of the claim. This notice by the Department shall be made in such a manner that the fact and date of receipt may be verified.
(2) The comment period may be extended, if, before comments are due, a written request for an extension has been made and approved by the Department.
(3) If disclosure of information under a claim would be helpful in alleviating a situation posing an imminent and substantial danger to public health or safety, the Department may prescribe and make known to an affected business a shorter comment period that it finds necessary under the circumstances.
(4) Information submitted by a business as part of its comments, pertaining to its claim, will be treated as part of the claim.
(5) Written notice will invite comments on:
(i) the period of time for which confidential treatment is desired;
(ii) the extent to which the information has been disclosed to others and any measures or precautions taken to guard against undesired disclosure;
(iii) whether any other governmental agency determination or any judicial decision has held the claimed information to be confidential. If so, a copy of such determination or decision, if available, must be included; and
(iv) whether the business asserts that disclosure would be likely to result in substantial harmful effects on their competitive position, what those harmful effects would be, and why they should be viewed as substantial. The reasons why the information is considered to be confidential (i.e. why the information should be regarded as a trade secret or proprietary information) must be stated in detail.
§ 19-10 General Provisions.
(a) Delegation of authority. All actions or approvals required by or permitted to the Commissioner pursuant to this chapter may be taken by any Deputy or Assistant Commissioner of the Department or by an authorized representative of the Commissioner or any Deputy or Assistant Commissioner.
(1) No unauthorized person shall enter any regulator or other element of the sewerage system and no person shall dispose of or allow to discharge directly or indirectly into the public sewer any material or substance excluded by these Rules and Regulations from the public sewers. No person shall damage or tamper with the operation of any mechanism nor shall any person change the operation of any device without proper authorization from the Commissioner.
(2) No person shall knowingly, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewerage system.
(2) No person shall interfere with or obstruct a duly authorized representative of the Department, bearing proper credentials and identification, from inspecting or from otherwise entering all properties, public or private, including providing access to equipment, plumbing, or industrial or commercial processes as necessary for the completion of such inspection, in accordance with Paragraph (1) of this subdivision, for the purpose of inspection, observation, sampling and testing as necessary to determine compliance with this chapter, Chapter 5 of Title 24 of the administrative code or to execute the orders of the Commissioner issued pursuant thereto.
(3) Tampering with any device placed within the premises for purposes of sampling or testing shall be a violation of this chapter.
(1) The Commissioner may require every person who owns or occupies real property within the City, and every private water company supplying water to property within the City, to furnish him with such information as may be necessary to carry out the provisions of this chapter.
(2) The Commissioner shall have the power to hold hearings and subpoena any such persons or company, or any officer, employee or agent of any such company, and direct the production of books and records in order to carry out the provisions of this chapter.
(3) Every such person, water company or public official or municipal agency, officer or employee shall cooperate with the Commissioner in carrying out the provisions of § 24-523 of the Administrative Code and shall comply with all rules and regulations promulgated pursuant to said section.
§ 19-11 Best Management Practices (BMPs) for Non-Residential Direct and Indirect Dischargers of Grease to the Public Sewer System.
(a) Grease interceptors shall be installed in waste lines which may receive grease from non-residential direct and indirect dischargers, including but not limited to those leading from pot wash sinks, woks, soup or stock kettles, food scrap sinks, scullery sinks, meat and/or poultry and/or fish preparation sinks, floor drains, automatic dishwashers, scraper sinks, or other similar plumbing fixtures, in all restaurants, kitchens, cafeterias, clubs, butcher shops, slaughterhouses, fish markets, supermarket food processing areas, delicatessens, or other non-residential establishments where grease may be introduced into the drainage system. Sizing of grease interceptors shall comply with the criteria specified in this section, including applicable Tables I and/or II.
| Table I | Table II | |||
|---|---|---|---|---|
| Aggregate volume in cubic inches of all fixtures listed in this table. | Minimum grease interceptor retaining capacity for: pot sinks, food prep. sinks, scullery sinks, and floor drains which are used for washdown purposes only.* | Aggregate volume in cubic inches of all fixtures, vessels and receptacles listed in this table. | Minimum grease interceptor retaining capacity for: scraper sinks, woks, automatic dishwashers, and any fixture receiving discharge from soup and stock kettles.* | |
| up to 2,462 | 8 (lb) | up to 1,231 | 8 (lb) | |
| 2,463 to 4,312 | 14 (lb) | 1,232 to 2,156 | 14 (lb) | |
| 4,313 to 6,160 | 20 (lb) | 2,157 to 3,080 | 20 (lb) | |
| 6,161 to 9,240 | 30 (lb) | 3,081 to 4,620 | 30 (lb) | |
| 9,241 to 12,320 | 40 (lb) | 4,621 to 6,160 | 40 (lb) | |
| 12,321 to 15,400 | 50 (lb) | 6,161 to 7,700 | 50 (lb) | |
| 15,401 to 21,560 | 70 (lb) | 7,701 to 10,780 | 70 (lb) | |
| 21,561 to 30,800 | 100 (lb) | 10,781 to 15,400 | 100 (lb) | |
| 30,801 to 46,200 | 150 (lb) | 15,401 to 23,100 | 150 (lb) | |
| 46,201 to 61,600 | 200 (lb) | 23,101 to 30,800 | 200 (lb) | |
| 61,601 to 92,400 | 300 (lb) | 30,801 to 46,200 | 300 (lb) | |
| 92,401 to 123,000 | 400 (lb) | 46,201 to 61,600 | 400 (lb) |
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Note: Aggregate volume is the maximum volume (e.g. length times width times height to the overflow if rectangular) in cubic inches of all fixtures, vessels and receptables that may flow simultaneously through the interceptor. * Subject to the sizing requirements specified in 15 RCNY § 19-11(i) through (p). If a premises contains fixtures listed in Table I and fixtures, vessels and/or receptacles listed in Table II, all of which are tributary to the same grease interceptor, then the method for determining the minimum grease interceptor retaining capacity, in pounds, shall be to separately calculate the retaining capacities for the fixtures in Table I, and the fixtures, vessels and/or receptacles in Table II. These retaining capacities shall then be added together to obtain the total minimum grease interceptor retaining capacity required for such premises. If the aggregate volumes listed in Tables I and II are exceeded then a New York State Licensed Professional Engineer or a New York State Registered Architect shall extrapolate the appropriate grease interceptor sizing requirements.
(1) For floor drains where grease may be discharged during washdowns, Table I shall be used and an additional 1,540 cubic inches, per floor drain, shall be added to the aggregate volume.
(2) Grease interceptors for floor drains, which receive discharges directly from fixtures, receptacles and/or vessels, shall be sized in accordance with the grease interceptor sizing requirements for the fixtures, vessels and/or receptacles tributary to it.
(3) For floor drains having a diameter larger than 3 inches or for trench and/or trough drains, a New York State Licensed Professional Engineer or a New York State Registered Architect shall extrapolate the appropriate sizing requirements of the tributary grease interceptor based on (1) and/or (2) above.
§ 19-12 Best Management Practices for Perchloroethylene Discharges to the Public Sewer System from Dry Cleaning Facilities.
(a) Perc-contaminated wastewater management. Perc-contaminated wastewater generated by all new and existing perc dry cleaning facilities shall be managed as follows:
(1) Perc-contaminated wastewater discharges. Perc-contaminated wastewater that is discharged to the public sewer shall be treated by physical separation (water separator) and double carbon filtration, or an equivalent control which has been approved by the New York State Department of Environmental Conservation, which has been properly designed to assure an effluent quality that is less than or equal to 20ppb perc without evaporation; and
(2) Evaporation of perc-contaminated wastewater. Perc-contaminated wastewater that is evaporated must be treated by physical separation (water separator) and double carbon filtration prior to evaporation.
(1) Dry cleaning facilities must be maintained and operated to minimize the release of perc to the environment. All components of the dry cleaning system shall be properly operated and maintained in accordance with the provisions of these, as well as applicable Federal, State and other local, regulations.
(2) Perc-contaminated wastewater treatment units.
(i) Carbon filtration units. Carbon cartridges shall be replaced according to a schedule as specified by the manufacturer to assure an effluent quality that does not exceed 20ppb perc.
(ii) Evaporators. Perc-contaminated wastewater evaporators shall be operated to ensure that no liquid perc or visible emulsion is allowed to vaporize.
(iii) Water Separators. Water separators shall be maintained as recommended by manufacturer specifications.
(1) adequate spill control equipment including sorbent materials, or alternative methods for absorbing spills;
(2) vapor-proof containers dedicated exclusively for storing spill-contaminated material and labeled “FOR SPILL CONTAINMENT USE ONLY” and
(3) fire control equipment.
(1) Each owner or operator of a dry cleaning facility or their designees shall record the following:
(i) The date, duration and nature of any malfunction, spill, incident, or emergency response at the facility, the notification procedures and the corrective action taken;
(ii) The dates of perc-contaminated wastewater treatment unit carbon cartridge replacement;
(iii) The date and volume of any perc-contaminated hazardous waste shipments;
(iv) The dates when the dry cleaning system components are inspected for perceptible leaks, and the name or location of dry cleaning system components where perceptible leaks are detected;
(v) The dates of repair and records of written or verbal orders for repair parts for the dry cleaning system; and
(vi) The dates of maintenance of water separators.
(2) Each owner or operator of a dry cleaning facility shall keep receipts of perc purchases, and a log listing the volume of perc purchased each month by the dry cleaning facility, and the number of loads dry cleaned each month.
(3) Each owner or operator of a dry cleaning facility shall retain on site a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility.
(4) All records must be maintained on site for at least five years and must be made available to the Department upon written or verbal request.
§ 19-13 Appeal of Commissioner’s Orders.
(a) Within the time specified for compliance in a Commissioner’s Order issued, pursuant to Subdivision (a) of Section 24-524 or Section 24-581 of Administrative Code, and/or as otherwise specified in the Order, the party named in the Order may submit a written statement appealing the Commissioner’s Order in the manner directed on the Order. In the event that the Department determines that non-compliance with the Order poses a significant risk of imminent harm to public health or safety or to the environment, the party shall be so notified and shall comply with the order forthwith, or otherwise within the time specified by the Department, notwithstanding that an appeal is taken.
§ 19.1-01 General Administration and Enforcement.
Applicability. These rules apply to the discharge of stormwater from property within those portions of the city of New York served by the municipal separate storm sewer system (MS4) including, but not limited to, discharges from industrial stormwater sources and covered development projects.
§ 19.1-02 Industrial and Commercial Stormwater Sources.
(a) Applicability. This section applies to industrial stormwater sources within the MS4 area and industrial or commercial premises or facilities in the MS4 area that the department determines may generate significant contributions of pollutants of concern into impaired waters.
§ 19.1-03 Construction and Post-Construction Stormwater Sources.
(a) This rule applies to covered development projects that discharge to a separate storm sewer system owned or operated by the City, and covered development projects that are located on municipally owned or operated sites that drain by overland flow to waters of the state.
(1) This rule does not apply to any development activity with a letter of acknowledgment of notice of intent for coverage under the NYSDEC construction general permit issued by NYSDEC before the effective date of this rule.
(2) This rule does not apply to any development activity with a valid individual State Pollutant Discharge Elimination System (SPDES) permit issued by NYSDEC for construction activity before the effective date of this rule.
§ 19.1-04 Effective Date.
In accordance with subdivision 2 of section 22 of local law number 97 for the year 2017 the effective date of sections 4 and 8 through 21 of such local law shall be the same as the effective date of these rules, which shall be June 1, 2019.
§ 20-01 Permits.
(a) General information. Subject to the provisions of this chapter, permits will be issued for the following purposes upon receipt of proper applications and permit fees:
Hydrant, Use of
Meter Accuracy Test
Meter Disconnect for Repair or Change of Piping (“Break Seal”)
Meter Setting, New, Replacement or Additional
Meter Testing and Repair Company
Plug, Tap/Wet Connection (Termination of Service)
Service Pipe, Relay of
Service Pipe, Repair of
Service Pipe, Thawing of
Tap Installation
Tap Installation and Plug of Prior Tap
Tap Location, Electrical Indicator
Wet Connection Installation
Wet Connection Installation and Plug of Prior Tap or Wet Connection
All work under a permit shall be performed by the permittee and/or persons directly employed and supervised by the permittee.
(1) Any work performed without a permit as required by these Rules shall be a violation.
(2) Permits for all emergency work must be obtained within forty-eight (48) hours or by the end of the second business day following commencement of the work.
(3) Upon the expiration date of a plumber’s license, if such license is not renewed within 60 days after such expiration date, all permits issued under that license shall also expire.
(1) In the event the Commissioner or his/her designee makes such a determination, the BCS Deputy Commissioner shall mail the determination to the address set forth in the Department of Building’s (DOB) records.
(2) The Licensed Master Plumber or meter repair company, as applicable, may appeal the Commissioner’s determination by filing a notarized petition within 60 days from the date of the Commissioner’s determination with the Commissioner, 59-17 Junction Boulevard, 19th Floor, Flushing, New York 11373-5108. The appeal shall state the name and address of the petitioner, include a short and plain statement of the matters to be adjudicated, address each of the violations mentioned in the Commissioner’s determination, with a statement of the reason or reasons why the petitioner believes the determination was incorrect, including supporting documentation, and include the Commissioner’s determination. During the review of the appeal, the Commissioner shall continue to issue permits to the Licensed Master Plumber or meter repair company.
(3) Upon review of the appeal, the Commissioner may, in his/her discretion, grant or deny the petition. Appeals shall be processed within 30 calendar days of receipt of such appeal. If the Department shall fail to process an appeal within 30 calendar days the appeal shall be granted, provided that the petitioner has responded to all requests for information submitted by the Department.
(4) The filing of an appeal shall not relieve the petitioner from complying with any requirements of the Rules, and shall not immunize any person or entity from any civil or criminal prosecution authorized pursuant to the Rules.
(1) A Licensed Master Plumber may perform emergency repairs where a defective service or defective interior piping results in leakage of City water and/or immediate danger to the public safety. All required permits must be obtained in accordance with the provisions of 15 RCNY § 20-01(b)(2).
(2) Where it is necessary to open a street for emergency repairs, a Licensed Master Plumber shall obtain an emergency permit from DOT or the agency having jurisdiction to authorize such an opening.
§ 20-02 Taps to City Water Mains.
(a) Separate supply. A separate corporation stop (tap) and service pipe shall be installed for each building supplied with City water, except for buildings that have service pipes supplied by internal water mains as described in 15 RCNY § 20-03(b). One tax lot cannot be supplied with water from another tax lot. Siamese corporation stops (taps) or service pipes on the inlet side of the main house control valve are prohibited. A service pipe connected to the City main by a T-connection, or by any means other than a corporation stop (tap) or a wet connection, shall be controlled by a gate valve placed in the service pipe, and located within two (2) feet of the point of connection to the main.
(1) Corporation stops (taps) and wet connections to a City Main shall be inserted or installed only by Department employees. Waivers may be granted for T-connections in extenuating circumstances (i.e. connections to two (2) inch mains and two (2) or three (3) inch connections to a four (4) inch main).
(2) A two (2) or three (3) inch connection to any main four (4) inches in diameter or less shall be made by a T-Connection with an adjacent valve.
(3) Direct corporation stop connections (taps) shall not exceed one (1) inch in diameter for mains four (4) inches or less in diameter. Each one and one-half (11/2) inch corporation stop connection (tap) to such a main shall be made through a tapping saddle, as directed by the Department. The tapping saddle is to be provided and set by the Licensed Master Plumber.
(4) Direct corporation stop connections (taps) shall not exceed one and one-half (11/2) inches in diameter for six (6) inch mains. Larger connections to mains of this size shall be wet connections.
(5) Direct corporation stop connections (taps) shall not exceed two (2) inches in diameter for all mains larger than six (6) inches in diameter. All connections larger than two (2) inches shall be wet connections.
(6) Tapping saddles shall be provided by the Licensed Master Plumber whenever, in the opinion of the Department, a pipe to be tapped lacks sufficient wall thickness to securely hold the corporation stop (tap).
(1) No corporation stop (tap) or wet connection shall be inserted on a fitting or within twenty-four (24) inches of a hub, fitting, hydrant branch, dead end, etc.
(2) The minimum spacing interval for corporation stops (taps) and wet connections shall be twelve (12) inches for both three quarter (3/4) inch and one (1) inch corporation stops (taps), and eighteen (18) inches for one and one-half (1 1/2) and two (2) inch corporation stops (taps) and wet connections.
(3) No corporation stop (tap) or wet connection shall be installed below the horizontal diameter of the main.
(1) Destruction of a wet connection shall be performed by the Licensed Master Plumber engaged by the owner or the owner’s duly authorized representative. The valve shall be closed, the stuffing box gland thoroughly tightened, the valve stem cut off flush with the stuffing box gland, the service pipe disconnected, and a plug inserted in the outlet end of the valve. The plug and wet connection valve shall be anchored to the main as directed by the Department.
(2) A screw corporation stop (tap) shall be destroyed by removing a diagonal portion of the corporation stop thread. The corporation stop (tap) shall be closed, and the service pipe shall be disconnected. A driven corporation stop (tap) shall be removed and replaced with a screw plug, unless otherwise authorized by the Department.
(3) All corporation stops (taps) and wet connections which are destroyed shall have the service pipes disconnected, the curb box (if any) removed, and a portion of the service pipe at the entry to the building removed.
(4) When a corporation stop (tap) or wet connection has been shut off and the service pipe connected thereto is not to be used, the Licensed Master Plumber shall take the necessary steps to plug the corporation stop (tap), as outlined above.
(5) Three-way connections to be abandoned shall have all piping disconnected and removed from the branch hub of the three-way, and an approved plug inserted into the hub. The plug shall be anchored to the main as directed by the Department. All work shall be done by a Licensed Master Plumber, and the permittee shall pay all costs associated with shutting the main. When a three-way hub is not available, the existing three-way outlet shall be capped and anchored to the main. All work shall be consistent with the Standard Water Main Specifications of the Department of Design and Construction (DDC).
(1) Fire connections. The Department of Buildings shall determine the size of all fire service pipes to be installed. The size of corporation stops (taps) or wet connections for fire service pipes shall be subject to the approval of the Department. All fire connection sizes shall be as follows:
(i) The size of the corporation stop (tap) or wet connection for fire service pipes up to, and including, four (4) inches in diameter shall be the same size as the fire service pipe.
(ii) For fire service pipes larger than four (4) inches in diameter, the size of the wet connection shall be one size smaller than the size of the fire service pipe.
(2) Combined service pipes/dual fire and domestic service pipes. A connection for domestic purposes may be made from a fire service pipe only upon approval of the Department of Buildings. For such installations, valve(s) and meter(s) must be installed as required by 15 RCNY § 20-05.
(3) Prohibitions. Fire service pipes shall not be cross-connected with any system of piping except as described in 15 RCNY § 20-02(1)(2).
(1) The Licensed Master Plumber shall provide the Department with advance notification of the requested corporation stop (tap) or wet connection installation date.
(2) An inspection shall also be requested by the Licensed Master Plumber before backfill is placed on new or repaired service pipes.
(3) The Department shall schedule corporation stop (tap) and wet connection installations during business hours, for the next available date.
(1) When a permittee fails to provide a safe and adequately sized excavation for installation of a corporation stop (tap) or wet connection on the date and time for which an appointment has been scheduled, the installation will not be made and the permittee will be required to schedule a new appointment.
(2) When a permittee fails to have a completed service pipe installation or plug ready for inspection on the date and time for which an inspection has been scheduled, the permittee will be required to schedule a new appointment.
(3) If a permittee must leave an excavation open for a subsequent corporation stop (tap)/wet connection installation or service pipe inspection, the excavation shall be made safe, in accordance with DOT requirements.
(1) Upon discovery of a leaking service pipe, the Department will shut the corporation stop (tap) or wet connection unless it determines that there is no immediate threat to life or property. When there is no immediate threat to life or property, a Three-Day Notice to Repair will be served upon the owner or occupant of the premises. If the notice is not complied with, the Department will shut the corporation stop (tap) or wet connection.
(2) When the corporation stop (tap) or wet connection is shut off by the Department, the owner/occupant must engage a Licensed Master Plumber to assume responsibility for the street excavation and make the necessary repairs. If the owner/occupant fails to engage a Licensed Master Plumber, the corporation stop (tap) or wet connection will remain closed, the excavation will be backfilled, and the street will be properly restored.
§ 20-03 Water Service Pipes.
(a) Advance conceptual design approval.
(1) A Licensed Professional Engineer, Registered Architect or Licensed Master Plumber may obtain advance conceptual design approval for corporation stops (taps), wet connections, service pipes or relays by submitting a conceptual design drawing to the Department and paying the required fee. Information on the related water demand, length of service pipe, proposed size of the corporation stop (tap)/wet connection, service pipe and fire sprinkler heads to be utilized must also be provided.
(2) The advance review and approval of a conceptual design may be the basis for a permit application for a period of two (2) years.
(3) Prior to the expiration of an advance conceptual design approval, the Department may extend the approval for an additional sixty (60) days upon receipt of a written request for an extension.
(1) Design stage approval for internal water mains shall be obtained from both the Department and the Department of Buildings. Approval for a meter shall be obtained from the Department’s Bureau of Customer Services and for RPZ settings from the Department’s Bureau of Water and Sewer Operations (Cross Connection Control Unit). Requests for approval shall be made by a New York State-Licensed Professional Engineer or Registered Architect.
(2) Internal water mains shall have, in addition to any meters required by 15 RCNY § 20-05(a), an approved meter and backflow prevention device in a meter vault or above-ground enclosure (“hot box”) installed inside the property within two (2) feet of the property line. After installation, such meters at the property line will be owned, maintained, repaired and read by the Department. If a private street in a development remains privately owned, then the meter at the property line shall be used for billing and any individual meters in the development shall be deemed the owner’s submeters. If the City assumes possession of a private street in a development, then the meter at the property line shall be used solely for monitoring purposes and any individual meters in the development shall be used for billing.
(3) Design stage approval to install and repair internal water mains will be issued under the following conditions:
(i) Owners of the internal water mains shall be responsible for their maintenance and repair.
(ii) Internal water mains and any connections thereto shall be installed and repaired only with design stage approval, and may be inspected by the Department.
(iii) Internal water mains shall be sized in accordance with the Department’s sizing table (Table #3) or as approved by the Department of Buildings. Where fire hydrants are required, internal water mains shall be a minimum of eight (8) inches in diameter.
(iv) Internal water mains shall be controlled by a gate valve placed approximately two feet from the property line on the street side. A DOT-rated extension street box shall be placed over the gate valve. An additional gate valve and extension street box shall be installed for each three hundred (300) linear feet section of the water main and at each point where a lateral is connected to the water main.
(v) Taps and wet connections to internal water mains shall be installed by the Department. The service pipes shall be installed by a New York City-Licensed Master Plumber with design stage approval to perform the work.
(vi) Internal water mains must be disinfected in accordance with AWWA standards for disinfection of water mains, prior to being accepted for individual service connections or being placed into service. A water quality sample result acceptable to the Department must be obtained for internal water mains prior to placing them into service or issuing design stage approval for connection to such internal water mains.
(vii) Written approval from the Fire Department is required before the Department may issue design stage approval of internal water mains.
(1) Evidence of prior Department of Buildings approval of service pipe size will be required before DEP approval of a permit application for:
(i) Any new corporation stop (tap), wet connection and/or service pipe installation which supplies water to a sprinkler, fire or standpipe system.
(ii) Any corporation stop (tap), wet connection and/or service pipe installation for a sprinkler, fire or standpipe system for a major renovation, or for any location where a new certificate of occupancy is required.
(iii) Any corporation stop (tap), wet connection and/or service pipe installation for a domestic water supply system to which fire sprinkler heads are connected.
(iv) Any corporation stop (tap) or wet connection installed in order to supply an internal water main.
(2) For premises that are not under the jurisdiction of the Department of Buildings, or where the owner/developer is exempt from obtaining Department of Buildings approval, a Licensed Professional Engineer or Registered Architect may submit a letter to the Department that certifies that the corporation stop (tap), wet connection and service pipe are adequately sized, and will provide an adequate degree of fire protection and a sufficient supply of water for domestic purposes. This certification will be accepted by the Department in lieu of Department of Buildings approval for the purposes of processing a permit application.
(1) Minimum acceptable sizes of corporation stops (taps), wet connections and service pipes that provide domestic water supply shall be determined by Department sizing tables. (See Appendix Tables #1, #2 and #3.)
(2) Where the Department sizing tables indicate that a two (2) inch tap and a two and one half (21/2) inch service line are required, approval will also be granted for a two (2) inch tap and a three (3) inch service line.
(3) Where a Licensed Professional Engineer, Registered Architect, or Licensed Master Plumber proposes sizes of taps, wet connections, service pipes, or internal water mains using methods other than Department sizing tables, all calculations shall be submitted to the Department for review and approval.
(1) New service pipes two (2) inches in diameter or less shall be brass pipe or copper tubing.
(2) Service pipes larger than two (2) inches in diameter shall either be brass or ductile iron, except that the above-ground portion of the service pipe, up to four (4) inches in diameter, may be Type K or Type L copper.
(3) Only new materials shall be used for service pipes.
(4) Service pipes shall be of uniform diameter and material unless otherwise approved by the Department.
(5) All service pipes shall conform to the most recent revision of the following standards, except that all service pipes, corporation stops, tail pieces, nuts and other fittings shall have a lead content that shall not exceed 0.250%:
(i) Department of Citywide Administrative Services, Division of Municipal Supply Services 32-P-3 Standard for Brass and Copper.
(ii) Department of Citywide Administrative Services, Division of Municipal Supply Services 32-T-1 Standard for Copper Tubing, except that above-ground, indoor service pipe four (4) inches or smaller, including the meter setting and piping for any backflow prevention device, shall be Type K or Type L copper.
(iii) For three (3) inch and four (4) inch diameter pipe: ANSI/AWWA C151/A21.51, Class 52, Standard for Ductile - Iron Pipe, Centrifugally Cast, for Water or Other Liquids.
(iv) For greater than four (4) inch diameter pipe: ANSI/AWWA C151/A21.51, Class 56, Standard for Ductile-Iron Pipe, Centrifugally Cast, for Water or Other Liquids.
(1) Curb valves shall be full port ball valves or non-rising stem gate valves designed for a minimum of 150 psi of working pressure.
(2) Curb valves shall be required on all domestic water service pipes larger than two (2) inch in size and on any water service pipe that provides for fire protection. All curb valves shall be set in the service pipe in the sidewalk area, and shall be located eighteen (18) inches from the curb or other such locations as may be approved by the Department.
(3) All curb valves shall be provided with a tar coated iron extension box with a cover which is flush with the sidewalk. Each curb valve larger than two (2) inches in diameter shall be equipped with an operating nut at least one and one quarter (11/4) inch square. Curb valves two (2) inches and smaller in diameter may be full port ball valves equipped with a quarter turn shutoff nut.
(4) The property owner shall protect the curb valve/box from any damage and shall promptly report in writing to the Department any circumstances that may adversely affect the operation of the curb valve.
§ 20-04 Backflow Prevention Devices, Water Hammer Arresters, Pumps and Separation Valves.
(a) Backflow prevention devices. Reduced Pressure Zone devices (RPZ's) and Double Check Valve Assemblies are backflow prevention devices. Backflow prevention devices shall be installed to prevent possible backflow/backsiphonage from a commercial property or dwelling unit into a City water main, private water main, or internal water main. A property owner shall install an approved backflow prevention device in every water service pipe that has a potential cross connection hazard, as determined by the Commissioner.
DEP Containment Requirement
| Degree of Hazard | Protection Required |
|---|---|
| Hazardous Facilities | Air Gap or Reduced Pressure Zone Device |
| Aesthetically Objectionable | Double Check Valve Assembly |
| Non-Hazardous Facilities with Hazardous Fixtures (such as treated boilers, cooling towers, etc.) | Double Check Valve Assembly (Provided that internal protective devices are installed for the hazardous fixtures in accordance with Department of Building requirements). |
| Non-Hazardous Facilities | None |
~
Subject to review by the Department, the degree of hazard shall be determined by the property owner’s Licensed Professional Engineer, Registered Architect or Licensed Master Plumber in accordance with guidelines established by the New York State Department of Health.
(1) Where the Commissioner determines that a facility poses a potential hazard to the City Water Supply, he or she shall direct the building owner or customer to install an approved backflow prevention device in the service pipe.
(2) A Licensed Master Plumber shall submit an application to the Department of Buildings for a permit or an approval to install a RPZ or a Double Check Valve Assembly. RPZ’s and Double Check Valve Assemblies shall be installed in accordance with plans approved by the Department. A Licensed Professional Engineer or Registered Architect shall inspect and certify that the complete installation conforms to plans approved by the Department.
(3) A building owner or customer who fails of install a backflow prevention device as directed by the Commissioner shall be subject to the issuance of notices of violation, cease and desist orders, other civil and criminal actions and proceedings, and such fines, penalties and other enforcement measures as may be imposed pursuant to section 24-346 of the Administrative Code, including but not limited to the termination of the water supply to the building or to any portion thereof or a facility therein which the Environmental Control Board or the Commissioner may deem necessary to prevent or alleviate any hazard to the City Water Supply.
(4) The customer shall pay any fees which the New York City Water Board may establish in connection with the termination or restoration of Water service to the customer.
(1) Each RPZ or Double Check Valve must be tested upon installation, device repair, at least once annually, and as otherwise required by the Building or Health Codes. Testing shall be performed by a backflow preventer tester who is certified by the New York State Department of Health and employed by a Licensed Master Plumber. An initial test report shall be submitted to the Department upon installation and testing of the RPZ or Double Check Valve. Within 12 months of the date on which the initial test report is submitted, an annual test report certifying that the backflow prevention device is operating properly shall be submitted to the Department. Every annual test report thereafter shall be submitted within 12 months of the date the last annual test report was submitted.
(2) Defects in any device tested shall be repaired within thirty (30) days, and the repair shall be followed by a retest. Retest results shall be submitted to the Department within thirty (30) days of completion of the repair.
(3) Failure of a building owner or customer to provide an annual test report certifying that an existing backflow prevention device installed pursuant to this section or otherwise is properly operating shall be a violation of these rules.
(1) Where a backflow is detected from premises into a City water main or a private water main, the water supply to the premises may be terminated by the Department.
(2) Prior to restoration of water service, a Licensed Master Plumber must certify to the Department that the backflow has been eliminated, and an approved backflow prevention device has been installed.
(3) The customer shall pay any fees that the New York City Water Board may establish in connection with the termination or restoration of water service to the customer.
(1) Domestic water connections to premises with a pumped supply which exceeds 400 gpm (total) must be equipped with either a suction or a surge tank, as required by the Department of Buildings.
(2) Suction tanks shall have a capacity of 7,500 gallons if the total connected pump capacity is between 400 and 500 gpm, and 10,000 gallons if the total connected pump capacity is 501 gpm or more.
(3) For premises with a pumped supply greater than 400 gpm and more than one water service pipe, the pumped capacity shall not be divided among the multiple service pipes for the purpose of determining the need for a suction tank.
§ 20-05 Meters.
(a) Placement.
(1) An approved water meter shall be installed wherever City water is supplied and for all wells or other water sources that discharge into the City sewer system, in new construction, upon replacement or repair of a service line in an unmetered property, or on a retrofit basis the rules of the New York City Water Board (15 RCNY 42, Appendix A (Part VII, § 1)). The Department may require installation of additional meters as a condition for certain New York City Water Board rate or billing programs.
(2) Each building shall have one (1) meter on each service pipe supplying the building set at the point of entry. However, the Department may issue a variance or approval allowing two (2) or more separate meters to serve residential and non-residential (or rate-eligible and ineligible) occupancies on the same lot to comply with a rate or billing program established by the New York City Water Board.
(3) Placement during building construction
(i) All water used in the construction of buildings 75 feet or six (6) or more stories in height shall be metered.
(ii) Prior to the commencement of actual building construction, a meter of proper size shall be installed on each tap or service pipe supplying the premises.
(iii) The meter shall be placed in an accessible location at a point to be designated by the Department.
(iv) The meter shall be close to the point of entry of the service pipe, and shall be enclosed in a vault or box of ample size and substantial construction which will provide adequate protection against damage or injury from frost or any other cause.
(v) Each meter shall remain in service throughout the entire period of building construction. If a different meter is to be used during operation of the completed building, a separate meter permit is required for that replacement.
(vi) Where the meter is inoperable, has not accurately measured the water supplied to the premises, or has not been maintained in good working order during the entire period of building operations, the charge for water consumed during building construction shall be established as provided by the New York City Water Board in accordance with the Water and Wastewater Rate Schedule.
(4) All water used in the construction of buildings less than six (6) stories in height shall either be metered or be supplied by a hydrant permitted in accordance with 15 RCNY § 20-08. If water used during construction is metered, the meter shall be placed as described in 15 RCNY § 20-05(a)(3). Permit applications for temporary water service during construction shall include the name and contact information for the Licensed Master Plumber or construction management company.
(5) Metering of fire service pipes and combined service pipes.
(i) Fire service pipes: Fire service pipes in premises supplied with City water shall have an approved double detector check assembly. Fire service pipes of two-and-one-half (2 1/2) inches in diameter shall be provided with meter, valves, and fittings required for a three (3) inch service pipe. Fire service pipes supplying hydrants shall have fire service meters.
(ii) Service pipes supplying both domestic and fire protection uses: DOB-approved combined services three inches (3”) or larger in diameter shall have either a single fire service meter at the head of the service or, if separation between domestic and fire service piping branches occurs within sight of the head of the service, a meter approved for domestic service on the domestic service piping branch to domestic end uses and a double detector check assembly on the fire service piping branch serving fire protection equipment. Domestic services three inches (3”) or larger in diameter with fire sprinkler heads shall use a fire service meter. Domestic services smaller than three inches (3”) in diameter with fire sprinkler heads shall have a meter approved by the Department. Pumped services to house tanks where the fire protection design is met by the volume of water in the house tank shall use a turbine type or electronic type meter.
(iii) The use of water through meters or detector assemblies approved for fire sprinkler systems only is prohibited, except for fire suppression or the testing of the fire sprinkler system.
(iv) Inlet and outlet valves are not required for fire service meters or detector assemblies on combined service pipes, except for the building shut-off valve. A test tee must be provided for meter testing purposes on fire service meters. A test port shall not be placed on the bypass meter on a Detector Check Valve Assembly.
(1) No person shall set, reset, repair or disconnect a water meter used for Department billing purposes without having obtained a meter permit, except for sets, resets, repairs or disconnects done by the Department, its authorized agents or contractors. Applications for permits shall be made by a Licensed Master Plumber duly authorized by the customer; provided, however, that applications for permits to reset, repair or disconnect a water meter may be made by a meter repair company authorized by the Department.
(2) Within ten (10) business days following the completion of any work for which a meter permit has been issued, the permit, carrying: (i) a certification of the date of completion of the work, (ii) the final reading from the old meter (for replacements or repairs) and (iii) the meter manufacturer’s accuracy test document for the new meter shall be returned to the Department. A permit shall expire after 365 days for new construction work and after 30 days for meter replacements or first-time meter installations in existing buildings. If the work is to be performed after that time, the Licensed Master Plumber must apply for a permit extension before the original permit expires.
(3) After acceptance by the Department of the meter work, indicated by installation of a seal, or after one year from the return of a completed permit with access to the property available for the Department to inspect the work, whichever comes first, such meters will be owned, maintained, repaired and read by the Department. If access to the property is not made available to the Department, a denial of access notice shall be issued to the property owner.
(4) Design approval for water meter installations shall be obtained from the Department’s Bureau of Customer Services as required by Sections 603.3 and 603.5 of the New York City Plumbing Code. Approval of a backflow prevention design as required by 15 RCNY § 20-04 shall not constitute approval of the meter installation.
(1) No person other than authorized Department personnel, its contractors or permit holders shall set, reset, repair or disconnect a water meter on service pipes of less than one and one-half (11/2) inch diameter.
(2) Meter testing or repair companies. A meter testing or repair company authorized by the Department may obtain permits to perform testing or repairs of water meters by demonstrating that it has detailed written testing or repair procedures that have been approved by the Department and a detailed written training program.
(i) A permit applicant’s written procedures and written training programs shall include, at a minimum: (a) Meter accuracy testing and reporting of results, as specified in the most recent version of AWWA Manual M6; (b) Written procedures that reflect a detailed understanding of the application of different meter technologies to different buildings and plumbing systems; and (c) Detailed written instructions for performing meter repairs, meter accuracy tests, and other inspection procedures.
(ii) A permittee shall annually submit to the Department documentary proof that any portable or bench test equipment has been tested and calibrated by a National Institutes of Standards and Technology (NIST)-certified lab or company, to confirm accurate operation of the testing equipment.
(iii) The Department reserves the right to withdraw its authorization if it finds that the meter testing or repair company is not abiding by the standards set forth in the work procedures approved by the Department.
(1) All water meters used for billing purposes must comply with applicable specifications of the most recent AWWA Standards for Water Meters, and/or be specifically tested and approved by the Department as to their accuracy, performance and construction. The Department shall maintain and regularly update a list of approved water meters, detector assemblies, pit meter equipment, meter attachments and meter-associated equipment.
(2) The following information shall be on all meters used for billing purposes:
(i) Size and model of meter;
(ii) Trade or brand name of meter; and,
(iii) Direction of flow.
(3) The serial number of the meter shall be imprinted on the case, meter body, or flange in a permanent manner and all meter serial numbers shall be unique for the manufacturer.
(4) All meters used for billing purposes shall read in cubic feet. Meters sized five-eighths (5/8), three-fourths (3/4), or one (1) inch shall have a remote read resolution of no more than one (1) cubic foot. Meters sized one-and-a-half (11/2) or two (2) inches shall have a remote read resolution of no more than ten (10) cubic feet. Meters three (3) inches and larger shall have a remote read resolution of no more than one hundred (100) cubic feet. Meter registers shall have an error rate, including any missed reads, of no more than 0.000150% on an annualized basis.
(5) All meters used for billing purposes shall be compatible with the Department’s automatic meter reading system. Such compatibility shall be certified by the Department.
(6) For displacement type water meters, the following shall also be required:
(i) All five-eighth (5/8) inch through one (1) inch meters shall be of frost protection design with cast-iron bottom plates. Cast-iron bottom plates shall be made corrosion resistant by suitable coating and/or internal lining as approved by the Department.
(ii) All casing bolts, studs, nuts, screws and other external fastening devices shall be made of a bronze alloy or stainless steel conforming to AWWA standards, and shall be designed for easy removal following lengthy service.
(iii) There shall be no stuffing box for displacement-type meters. The motion of the disc or piston measuring element shall be transmitted to the sealed register through the upper wall of the main case utilizing a magnetic coupling.
(iv) All displacement meters shall be provided with a plastic strainer that can be easily removed for cleaning.
(v) All meters installed at locations which may be subject to freezing temperatures shall be insulated with non-asbestos material having a thermal resistance of at least “R-6.”
(7) All meters shall have a main case composed of an alloy which shall have a lead content that shall not exceed current NSF/ANSI Standard 61 limits.
(8) Meter manufacturers shall notify the Department at least thirty (30) days after any changes in design, serial numbering, or other matter that might affect the use of the water meter or billing processes.
(9) Any main meter case made of plastic or other non-metallic material shall be commercially recyclable or shall be recycled by the manufacturer or its agent. Any main meter case made of plastic shall have metallic threaded connections unless specifically approved by the Department for composite or plastic threads.
(10) Any meter that requires a battery other than for temporary backup power for proper operation shall be provided with a manufacturer’s warranty at least equal to the claimed life of the battery, or ten years for meters one-and-a-half (11/2) inch and larger or 15 years for meters smaller than one-and-a-half (11/2) inch, whichever is longer.
(11) The manufacturer shall provide each meter with a removable barcode tag and sticker meeting the Department’s specifications.
(12) All meters installed in any pit or vault, or installed in the basement of a building lying in a designated floodplain, shall have factory, waterproof wiring connections and shall be rated by the manufacturer for submersion in water.
(1) Meter Applications.
(i) Effective May 1, 2014, compound or dual-register meters shall no longer be approved for use in new or replacement installations. The replacement of measuring elements in existing compound meters shall be permitted.
(ii) Horizontal turbine meters shall be used wherever water is supplied to roof tanks by pumps or to buildings by other pumped, constant flow application, and may be used in buildings with booster pumps or pressurized supply systems as long as such systems’ minimum non-zero flow rate is greater than the low-flow end of the 98.5% AWWA operating range for the specific meter model.
(iii) Electromagnetic meters may be used in place of turbine meters where the flow rating of the pump does not exceed the high end of the published normal operating flow rate range for the electromagnetic meter.
(iv) Single-jet, electromagnetic, or other meters designed for variable flow rates shall be used on services one-and-a-half (11/2) inch and larger in diameter and operating on street pressure, and may be used in buildings with booster pumps or pressurized system applications.
(v) Single-jet meters shall be installed on a level horizontal plane +/- 10 degrees. Turbine, electromagnetic, and other meter types may be installed on an incline or vertical plane if a horizontal installation is not possible and the configuration is supported by the meter manufacturer’s specifications. The meter register must always face outward for reading.
(2) An approved flat plate or “Z” meter strainer shall be installed on all new or replacement turbine meter installations, unless the turbine meter is manufactured with an internal strainer. Such a strainer is not required for electromagnetic or single-jet meters, but its use is permitted.
(3) [Repealed.]
(4) [Repealed.]
(1) A meter shall be restricted to a size and type that will insure accurate registration on the basis of the water requirements of the premises, or portion of the premises, to be metered. For residential premises, the permit applicant shall perform a fixture count and develop a peak flow estimate using Appendix Tables #1 and #2. The meter shall be sized according to Appendix Table #8. For non-residential premises, the flow rate shall be based on the analysis of a Licensed Professional Engineer or Registered Architect. The meter shall be sized according to that flow rate and Appendix Table #8.
(2) A meter shall not be larger than the service pipe supplying the meter, the piping in the meter setting, or the water distribution piping in the building, unless specifically approved in writing by the Department or as noted in 15 RCNY § 20-05(a)(5) for two-and-one-half (2 1/2) inch fire services or combined services. If two meters both cover the calculated peak flow rate, the smaller of the two meters shall be used unless approved in writing by the Department. Unless a fixture count and flow analysis, as described in 15 RCNY § 20-05(g)(1), has been approved by the Department, a one- or two-family home with gravity-flush water closets shall not have a meter on a domestic service without fire sprinklers larger than three-quarters (3/4)) inch and three-, four-, five- and six-family homes shall not have a meter on a domestic service larger than one (1) inch. Exceptions to these requirements, and the use of Appendix Table #8 for meter sizing, will be considered by the Department only when a building’s plumbing system uses only street water pressure and documented incoming water pressure is less than 35 psi for buildings four (4) through six (6) stories high, or less than 30 psi for buildings less than four (4) stories in height.
(3) The minimum size meter for new installations and replacements shall be five-eighths (5/8) inch.
(4) The appropriate low-flow range for compound meters varies with the manufacturer. The ranges of sizes in Appendix Table #8 refer to the high-flow side. The Department may require that a permit applicant provide a basis for using a compound meter instead of another type of meter. That justification must outweigh the higher maintenance and other operating costs to the Department of the compound meter.
(1) Meters shall be set as near as possible to the point of entry of the service pipe through the building or vault wall and shall be placed so that they may be easily inspected, maintained and replaced. Evaporative cooling tower meters or other meters used to calculate a wastewater allowance when located downstream of a billing meter shall be placed as close to the end use as practical. A property owner shall not erect or maintain any physical barrier that prevents access to, or repair or replacement of, the water meter.
(i) Displacement meters shall not be set beyond three (3) feet of the entry point without written approval from the Department.
(ii) Turbine and compound meters shall be set with straight sections of pipe as provided in Appendix Figures #7, #7A, #9, #9A, #10 and #10A. If pipe lengths cannot conform to those indicated in Appendix Figures #7, #7A, #9, #9A, #10 and #10A, a meter technology shall be used which does not require minimum straight pipe lengths. The Department shall identify such meter technologies in its list of approved meters. An approved meter strainer is required unless one is included in the meter design or in the case of single-jet or electromagnetic meters, is not required by the meter manufacturer.
(2) No fittings capable of a branch connection shall be permitted in the section of pipe upstream of the meter or meter setter with the exception of an approved strainer. The strainer shall be located immediately before the inlet side of the meter. The service pipe between the point of entry and the meter setting shall be kept visible. No fittings, devices, or equipment shall be permitted in the section of pipe upstream or downstream of the meter that interferes with the required laminar flow through the meter.
(3) If conditions exist that prevent the setting of a meter in accordance with the above requirements, the meter may be set outside the building in a meter pit, vault or above-ground meter box (See 15 RCNY § 20-05(k)).
(4) Meter settings shall have an inlet valve immediately upstream of the meter and any strainer, and an outlet valve downstream of the meter. For meters two (2) inches in size or smaller, the valves shall be full-port ball valves. For meters larger than two (2) inches in size, the valves shall be rising stem, resilient seated, and epoxy-coated gate valves. If a backflow prevention device is located after the meter setting and both the backflow prevention device and meter setting are located on the same floor of a building, then an outlet valve serving both the backflow prevention device and meter setting may be placed immediately after the device. If the backflow prevention device and meter setting are located on different floors of a building, each set of equipment shall have its own outlet valve and test tee.
(i) Except for meters two (2) inches or smaller where space constraints prevent any approved meter technology from being installed with an inlet valve, or as noted in 15 RCNY § 20-05(a)(5), a house control valve shall not be used in lieu of a meter inlet valve.
(ii) A meter outlet valve is not required for fire meters on a dedicated fire service or the fire service branch of a combined service, for a Detector Check Valve Assembly or if the property has approved backflow prevention equipment which includes an outlet valve.
(iii) A plain tip test tee shall be provided before the meter outlet valve or incorporated into the design of the meter outlet valve. For meters up to two (2) inches in diameter, the test tee shall be the same size as the meter. For meters larger than two (2) inches in diameter, the test tee shall be two (2) inches. An exception shall be provided for installations using an outlet valve that incorporates an one-and-a-half (1 1/2) inch rather than two (2) inch test tee into the design of its two (2) inch outlet valve. Factory-fabricated setters five-eights (5/8) inch through two (2) inches shall have test ports as described in paragraph 6 of this subdivision. Test port plugs on meter bodies shall be drilled for seal wire. Test tees are not to be used as connections for domestic service. Where a meter is placed in a pit alongside a sewer trap, the meter test tee shall be located outside of the pit in an accessible location.
(5) Connections shall be made by coupling, union, flange union or approved compression fittings and bored for sealing with holes not less than three thirty-seconds (3/32) of an inch in diameter. Compression fittings are permitted for three quarter (3/4) inch through two (2) inch meters only. Unions, couplings or compression fittings that permit removal of the meter and/or setter without breaking the seal wire are prohibited. Grooved end mechanical pipe joining systems are not permitted between the meter inlet valve and the outlet side of the meter. If used on the service side of the house valve, such systems shall be drilled for seal wire. In all other circumstances, pipe joining specifications shall conform to the New York City Plumbing Code. All water meter settings of two (2) inches and smaller sizes shall utilize valves and fittings constructed of bronze with a lead content that shall not exceed current NSF/ANSI Standard 61 limits. Bolts, studs, nuts, screws and other external fastening devices shall be made of a bronze alloy or stainless steel conforming to AWWA standards, and shall be designed for easy removal following lengthy service. Above-ground, indoor service pipe, including the meter setting and any backflow prevention device, shall comply with standards for water distribution pipe contained in the New York City Plumbing Code.
(6) Meter setters & resetters. Meter setters and resetters five-eighths inch (5/8) through two inch (2) shall conform to the following:
(i) Seamless copper tubing having a type K wall thickness in accordance with ASTM B-88 specifications shall be used for all prefabricated water meter setters. All bronze parts shall be an alloy with a lead content that shall not exceed 0.250%.
(ii) The internal waterway shall be equal to the meter size to be installed, i.e. one (1) inch meter = one (1) inch internal diameter.
(iii) The end of the copper tubing at the meter coupling for three quarter (3/4) inch and one (1) inch meters shall be spun and/or formed to produce a strong positive bearing surface on the full face of the gasket and meter spud.
(iv) Copper tubing arms shall be affixed to the setter body using leadless solder at the cup joint.
(v) All setters, valves and compression adapters shall be designed to ensure positive electrical bonding continuity with, or without, the meter being set, via an approved external method which can be confirmed visually.
(vi) All setters shall be designed to avoid any significant head loss.
(vii) An approved test port located between the meter and the outlet control valve shall be included in the design of all setters. The test port shall be capable of delivering flows from at least one quarter (1/4) to two (2) gpm, but no more than four (4) gpm.
(7) Above-ground, indoor service pipe, including the meter setting and any backflow prevention device shall be Type K or Type L copper, if copper is acceptable for that size service pipe.
(8) Valves. All new displacement type water meter settings shall utilize full port ball valves or angle key valves for the inlet and outlet control of the meter. These valves shall be furnished with handles for the manual operation of the valves without the need of a wrench. Turbine and compound meters shall be installed with full port ball valves (through two (2) inch only) or gate type valves.
(9) Meters shall be set as shown in Figures #7, #7A, #9, #9A, #10 and #10A.
(10) All meter settings shall contain a test tee or test valve downstream of the meter and before the outlet valve. The test tee/valve can be incorporated as part of the outlet valve design.
(11) Any connection to a test tee assembly or to any point ahead of a meter used for billing purposes is strictly forbidden.
(12) Electrical continuity. All settings shall be designed to ensure positive electrical continuity with, or without, the meter being set, via bronze grounding clamps with stainless steel screws and electrical bonding cables (#6 THHN-THWN) which can be confirmed visually, unless a pre-fabricated setter designed for electrical continuity is used or the water service is known not to be used as an electrical ground.
(13) Meters settings shall be provided with holes for running seal wire to be installed by the Department. The meter installation shall include either one-eighth (1/8) inch holes drilled in a bolt on each end flange, or an one-eighth (1/8) inch hole drilled in one or both flanges.
(1) Unmetered by-passes around meters are prohibited except those approved in writing by the Department, such as:
(i) Tunnels where hazardous conditions may exist.
(ii) Selected properties having only one (1) source of supply where any shut-down would endanger public health and safety.
(2) If a by-pass is permitted by the Department, the installation shall conform to Appendix Figure #10 or #10A. The by-pass shall be configured so that the top case and interior meter can be removed for repairs or replacement.
(3) Properties that wish to avoid lengthy shutdowns related to replacement of large meters may install paired meters that can supply the building through one or the other meter on a service pipe.
(1) All meter electrical connections shall be factory sealed to be water proof.
(2) The Department shall maintain detailed specifications for three quarter (3/4) inch and one (1) inch pit meter installations and equipment including setters, enclosures and covers.
(3) Meter pits for meters less than 3”.
(i) For meters less than three (3) inches, the enclosure shall be frost-proof and shall follow one of these alternate requirements:
(a)Thermoplastic polyvinyl chloride (PVC) conforming to ANSI/ASTM D1785, Type I, Grade 1, seamless, extruded pipe with white interior. The enclosure shall be as uniform as commercially practicable in color, opacity, density and other physical properties. Thickness shall be at least one-half (1/2) inch.
(b)Polyethylene (PE) enclosures shall be constructed in accordance with the ANSI/ASTM D2104 latest revision. The PE shall be of medium density. Polyethylene shall conform to all applicable sections of the latest edition of ASTM D-1598, and ASTM D-1599. Thickness shall be at least one-half (1/2) of an inch.
(c)A composite of polyester resin, fiberglass and calcium carbonate. The composite material shall consist of non-aggregate base materials using the bulk molded compound process or the thick molded compound process. The thickness shall be at least one-half (1/2) inch.
(ii) Covers and lids shall be constructed in accordance with the following requirements:
(a)Covers shall be of polymer concrete, heavy duty plastic, or other composite materials that allow transmission of an AMR signal and meet load requirements set by the department. The department shall publish a list of approved products and materials in its list of approved meters and equipment.
(b)Lids shall have a lifter worm lock with a standard waterworks pentagon nut constructed of bronze.
(c)Extra heavy lids and covers shall be used for driveway and sidewalk applications.
(d)For three quarter (3/4) inch and one (1) inch meter sets, covers shall fit on twenty (20) inch nominal I.D. meter vaults. Covers shall have thirteen and one-half (13 1/2) inch to fifteen (15) inch openings and lid sizes.
(e)For one and one-half (1 1/2) inch and two (2) inch meter sets, covers shall fit on thirty-six (36) inch nominal I.D. meter vaults. Covers shall have eighteen (18) inch to fifteen (15) inch openings and lid sizes.
(4) Meter valuts for meters 3” and larger. For meters three (3) inches in size and larger, a meter vault shall be constructed as follows (See Appendix Figures #11 through #17 for typical meter pit and vault installation details):
(a)Waterproof and frost proof and of sufficient size to permit easy access to all portions of the meter and connections with at least one (1) foot clearance on each side of meter.
(b)In conformance with any requirements of the U.S. Occupational Safety and Health Administration.
(c)Pits less than four (4) feet in depth shall not be less than two feet, six inches (2‘6”) wide and three feet, six inches (3‘6”) long. Pits less than four (4) feet in depth shall be provided with a hinged cover not to exceed forty (40) pounds in weight, with suitable handle and so constructed as to permit the uncovering of entire pit, or a circular cover as described above in (ii) provided that there is sufficient clearance to remove and replace the meter.
(d)Pits four (4) feet or more in depth shall be provided with an access opening of at least two feet, six inches (2‘6”) square or at least thirty (30) inches in diameter, but of sufficient size to remove and replace the meter. If the access opening is square, the cover of such opening shall be hinged and shall be provided with a suitable handle. Doors exceeding forty (40) pounds in weight shall be counter balanced. Approved composite lids or covers for vaults are available from the Department.
(e)Pits three (3) feet or more in depth shall be provided with permanent steps or a metal ladder.
(f)Pits containing sewer traps shall be provided with an air vent.
(5) Meter boxes (above-ground enclosure).
(i) The enclosure shall be capable of housing the water meter with all required valves, strainer and above-ground appurtenances. It shall have easy access for testing and maintenance including at least one (1) foot, clearance around the meter, piping and valves. The boxes shall have lockable access doors or lids to prevent theft or vandalism. The enclosure shall be anchored to a concrete base of eight (8) inches minimum for meters one and one-half (11/2) inches or larger, and four (4) inches for meters less than one and one-half (11/2) inches. The enclosure shall an approved remote meter reading receptacle mounted on the exterior.
(ii) The enclosure shall be a minimum of:
(a)Eighteen (18) gauge reinforced aluminum, or;
(b)Extra heavy duty fiberglass reinforced polyester with high-gloss gelcoat finish, or;
(c)Twelve (12) gauge steel finished with three coats of baked enamel.
(iii) The enclosure shall be insulated with a material in addition to the enclosure itself which has a thermal resistance (“R-value”) of at least 8.0.
(iv) The enclosure shall have a thermostatically-controlled heat source mounted to the interior wall for freeze protection down to -10°F.
(1) An individual water meter to be read by the Department shall be installed for each separately-owned dwelling unit in all new condominium and homeowners’ associations structures of three (3) stories or less when each such unit is supplied with hot water and space heat by its own separate domestic hot water heater and space heating system, and not by a common water heater or space heater. If fire protection sprinklers are present they shall be supplied by a separate dedicated service pipe. Any hose bib or irrigation supply shall be connected to one of the unit’s metered branches. Such individual water meters shall be located in a common location immediately after the point of entry in each structure, with each meter clearly labeled as to the unit it supplies. MTUs shall be mounted on the exterior walls of the building. New and existing condominiums and homeowners’ associations structures of six (6) stories or fewer with in-unit hot water heaters and space heating systems may apply to install individual water meters at their cost and in the same manner and governed by the same conditions as meters for new condominiums and homeowners’ associations structures of three (3) stories or fewer, unless the work is physically impractical or the owners do not agree to individual water meters or required MTU placement. Such existing structures requesting individual water meters shall not be in arrears with their water or sewer accounts or payment agreements at the time of application to the Department. The Department shall set specific written requirements for such applications. For all cases, if there are building common end uses, such as but not limited to irrigation and heating boilers, then individual water meters in the name of the condominium or homeowners’ association shall be installed for those uses. Properties served by internal water mains shall be metered as specified in 15 RCNY § 20-05(a)(ii).
(2) Condominiums and homeowners’ associations that cannot be individually metered as described in 15 RCNY § 20-05(l)(1) shall have a meter at the point of entry of the water service for the building or buildings, except that those properties served by internal water mains shall be metered as specified in 15 RCNY § 20-05(a)(ii).
(3) Each individual unit/meter shall have its own account under the “75XX” joint condominium lot.
(1) If a meter has been disconnected without securing a permit as per 15 RCNY § 20-05(b) and 15 RCNY § 20-05(c), it shall not be reset but shall be replaced with a new meter approved by the Department.
(2) When a tap or wet connection is destroyed on a metered service pipe (See 15 RCNY § 20-02(g) and 15 RCNY § 20-02(h)), the meter shall be removed under permit and returned to the Department.
(3) If a meter is moved, a permit shall be obtained to report the new location. Relocation of a meter from an outdoor pit to an indoor location shall include filling the pit with clean sand and restoring the surface in kind.
(1) The property owner shall protect the meter, setting, AMR transmitter, wiring and remote against physical damage, freezing conditions and abuse. The property owner shall be responsible for any break or disconnection of wire within the building. The property owner is responsible for preventing physical deterioration or other conditions of the service pipe which may damage a meter or prevent its maintenance or replacement. In such cases the owner shall be responsible for repairing or replacing equipment, service piping or any other physical barriers, including asbestos insulation, needed to allow maintenance, proper operation or replacement of the meter.
(2) The property owner is prohibited from relocating the remote receptacle or AMR transmitter except upon securing a permit from the Department.
(3) The property owner’s installation of branch meters or submeters for the owner’s use shall not interfere with the City’s meter setting.
(1) The register shall encode the six (6) most significant digits which will be read from the remote receptacle.
(2) The unit shall employ a leak detection indicator or a test sweep hand on the face of the meter register.
(3) Registers shall read in cubic feet.
(4) The assembly shall have a tamper resistant locking device as well as a provision for seal wire, or other method approved by the Department.
(5) The data stream must be, or be convertible to, seven-bit ASCII format, and is to be capable of interfacing directly to an automatic meter reading device to transmit data via radio, cable T.V. or telephone lines to a central location.
(6) All encoder registration systems shall be capable of transmitting the data for a minimum distance of three hundred (300) feet utilizing solid twenty-two (22) gauge minimum non-shielded copper cable between the register and the remote receptacle or interface device.
(7) All encoding registers shall be subject to the approval of the Department.
(8) The register shall be capable of being read through a remote receptacle, and/or an automatic meter reading system.
(9) All registers shall be installed with wire to a remote receptacle or AMR transmitter with all three wires properly connected at the register head.
(1) Temporary use of remote receptacles or pads. The licensed plumber performing the meter installation or replacement shall run wire from the meter register to an exterior wall. If the licensed plumber installs a meter manufacturer’s remote receptacle or pad for temporary use, installation shall be in a location consistent with the specifications in paragraph 2 for placement of an MTU until the Department replaces the remote receptacle or pad with an MTU. Any splices of wire running from the meter register to the remote receptacle or pad must be sealed with gel caps. All three of the wire connections at the meter register must be connected to wires running to the remote receptacle or pad, even if only two wires are connected at the remote receptacle or pad. The third wire shall be tucked behind the remote pad.
(2) Placement of MTU or temporary remote receptacle. Placement of the MTU shall comply with the following guidelines:
(i) Location. The MTU shall be located on the front or side exterior of the building, unless such building and an immediately adjacent building have aluminum siding or other signal reflective material in which case the MTU shall be located on the front exterior only. The MTU must be located above ground level, and must not be placed behind permanently-sited large metal objects. All wire splices shall be sealed with gel caps. For apartment or office buildings with glass, marble or other similar facades, a smaller optional remote antenna MTU is available from the Department, or the MTU may be located inside a building if transmissions can be received by the AMR system. The location of the MTU must be indicated in the meter permit as returned to the Department.
For all underground meter installations, the remote pad shall be mounted in the meter pit lid or some support or structure immediately adjacent to the pit, to allow meter readings without opening the lid.
(ii) Height. The receptacle shall be set at forty-two (42) inches above ground, but may be set between twelve (12) and sixty (60) inches if circumstances preclude a better height. Receptacles may be installed beyond these limits only when approved in writing by the Department.
(3) AMR transmitter. AMR radio transmitters (MTUs) for domestic meters shall be mounted on the exterior surface of an exterior building wall above ground level, unless otherwise specified by the Department. AMR radio transmitters for evaporative cooling tower makeup water meters or other meters located on the upper floors of a building shall be mounted on the exterior of the building wall, at a roof parapet or other location to permit effective transmission of the radio signal. Meters placed in outdoor pits or vaults shall have MTUs mounted on the underside of approved composite plastic pit lids or covers available from the Department.
(1) No customer shall attach any device to the water meter unless such device has been submitted to, and approved by, the Department.
(2) No device submitted for approval shall interfere with or affect the operation, inspection or reading of the meter in any way.
(3) Any device approved shall be solely the responsibility of the customer unless it is installed by the Department. The Department shall not be liable for any maintenance or replacement of any approved attachments to the meter, and shall not perform any additional steps to salvage the devices should the meter require replacement.
(4) The Department shall publish a list of approved meter attachments as part of its list of Approved Meters.
§ 20-06 Air Conditioning and Refrigeration.
(a) General rules.
(1) Air conditioning and refrigeration.
(i) Each direct water connection to a refrigeration or air conditioning unit using City water for cooling purposes shall be equipped with a check valve set not more than two (2) feet from the unit.
(ii) Each unit containing more than twenty (20) pounds of refrigerant shall be provided with a relief valve installed between the check valve and the unit. The relief valve shall be set at five (5) pounds above the maximum water pressure at the point of installation.
(iii) All water-cooled air conditioning or refrigeration systems shall be connected to a metered supply.
(iv) Water conserving devices shall be designed and operated in accordance with American Society for Heating, Refrigeration and Air Conditioning (ASHRAE) standards that consumes City water for make-up purposes at no more than two (2) percent of the total flow of water through the system. An additional two (2) percent shall be allowed for the purpose of bleeding and wash down.
(v) Where the City water is piped to a water conserving device, the piping supplying such water shall discharge at least two (2) inches above the over-flow rim of the pan.
(vi) Condensate from steam used directly or indirectly to produce the cooling effect in air conditioning or refrigeration systems shall be collected and used as part of the make-up water to the water conserving device or shall be put to some other beneficial use which displaces potable water.
(2) Refrigeration.
(i) All refrigeration systems in excess of six (6) tons of rated capacity using City water and installed before January 1, 2011 must be equipped with approved water conserving devices. Once-through, water-cooled refrigeration systems are prohibited in new construction effective January 1, 2011, in accordance with § 428.1.1 of the New York City Plumbing Code.
(ii) All refrigeration systems of six (6) tons of rated capacity or less using City water without an approved water conserving device shall be equipped with an automatic water regulating device on each individual unit.
(3) Air Conditioning.
(i) All air conditioning systems in excess of two (2) tons of rated capacity using City water and installed before January 1, 2011 must be equipped with an approved water conserving device. Once-through, water-cooled air conditioning equipment is prohibited in new construction effective January 1, 2011, in accordance with § 428.1.1 of the New York City Plumbing Code.
(ii) All air conditioning systems of two (2) tons of rated capacity or less using City water without an approved water conserving device shall be equipped with an automatic water regulating device on each individual unit.
(1) Hours of use of air conditioning systems may be limited by the Department from time to time as water supply conditions so warrant.
(2) Lists of “permissible hourly operation” will be on file in the Department and may be obtained upon request.
(3) The hours during which air conditioning using City water is allowed shall be posted prominently in each building and establishment using such air conditioning.
§ 20-07 Inspections.
(a) General. All corporation stops (taps), wet connections, meters, service pipe installations, repairs, plugs and relays shall be subject to inspection by the Department. A Licensed Master Plumber shall certify that all work was performed in accordance with these Rules and all other applicable rules.
(1) Corporation stops (taps) and service pipes supplying fire sprinkler systems.
(2) Corporation stops (taps) and service pipes supplying fire protection systems.
(3) Corporation stops (taps) and service pipes supplying wet standpipes.
(4) Corporation stops (taps) and service pipes supplying domestic water systems to which fire sprinkler heads are connected.
(5) Water service terminations (plug only).
(6) Destruction of any tap or wet connection which requires an excavation separate from the one required for the new tap or wet connection.
(7) Installed new wet connections and corresponding service pipes.
(8) Relay or repair of sprinkler, fire, standpipe and domestic service pipes to which fire sprinkler heads are connected.
(9) Meters larger than one (1) inch. Any parts of service pipes which are installed without excavation of a trench need not be made available for inspection.
(1) A Licensed Master Plumber may submit a written request for permission to conduct an Inside Flow Test in lieu of a mandatory inspection. Such requests may be granted, at the discretion of the Department, but only upon demonstration of substantial hardship.
(2) Where a request for an Inside Flow Test is denied, the Licensed Master Plumber shall re-excavate and make the work available for an inspection.
(3) When performing an Inside Flow Test, the Licensed Master Plumber shall provide all necessary tools, gauges, hoses, etc.
(4) An Inside Flow Test shall be conducted, in the presence of a Department inspector, as follows:
(i) The Licensed Master Plumber installs a pressure gauge on the water service pipe near the entry to the premises.
(ii) The Department inspector records the static pressure.
(iii) The Licensed Master Plumber runs a large quantity of water to waste within the premises.
(iv) The Department inspector records the dynamic (with flow) pressure. Pressure readings with a measurable difference between the static pressure and the dynamic (with flow) pressure shall be acceptable.
§ 20-08 Water Use Restrictions and Fire Hydrant Use.
(a) Water use restrictions. The use of water is permitted, subject to the following restrictions:
(1) Prohibition of Use as a Source of Energy. The use of the pressure or flow of water as a source of energy is prohibited, except when specifically approved by the Department.
(2) Restrictions on Use for Coolant Purposes. The use of City water for coolant purposes in industrial and commercial equipment is prohibited, except with the use of an approved “water conservation device,” in accordance with 15 RCNY § 20-06.
(3) Required Recirculation in Fountains, Ornamental Pools, Aquariums and Similar Structures. Display fountains, ornamental pools, aquariums, and similar structures using water in excess of the rate of one-half (1/2) gpm shall be recirculated.
(4) Shutoffs Required for Drinking Fountains and Recreational Sprinklers. Drinking fountains shall operate only when activated by a user. Recreational sprinklers shall be equipped with a timer to stop flow if the sprinkler is not being used or shall not operate when not in use.
(5) [Reserved.]
(6) Watering of lawns and gardens.
(i) The use of a hose, automatic sprinkler or other means to water lawns or gardens is prohibited between the hours of 11:00 a.m. and 7:00 p.m. Automatic irrigation systems shall include a sensor or control which shall prevent operation during or within 24 hours of substantial rain.
(ii) Between the first day of November and the last day of the following March, the following activities are prohibited using City water: (a) the use of hoses and sprinklers, and (b) the watering of lawns and gardens, except for the watering of non-turf plants with a hand-held container.
(iii) The following activities are prohibited at all times: (a) the use of hoses which flow at more than five (5) gpm at sixty (60) psi or which, regardless of flow rate, are not equipped with an automatic shutoff mechanism which will turn off the flow of water if a handle or trigger is not actively held or compressed, and (b) the practice of allowing sprinklers to flood sidewalks, gutters and roadways.
(7) Sidewalks flushing. The flushing of sidewalks is prohibited between the hours of 11:00 a.m. and 7:00 p.m. In addition, the flushing of sidewalks by means of a hose or piping is prohibited between the first day of November and the last day of the following March. This provision, however, shall not be construed to prohibit the washing of such surfaces, particularly the exterior surface of a building, where such washing is required as part of repairs mandated by the Administrative Code or to protect the health and safety of the public. For one, two, or three-family homes, any hose used to supply City water for sidewalk cleaning purposes must be equipped with a nozzle which limits flow to no more than five (5) gpm at sixty (60) psi and which is equipped with an automatic shutoff mechanism which will turn off the flow of water if a handle or trigger is not actively held or compressed. For multiple dwellings, commercial occupancies, or where required by the Administrative Code or by the Department for health and safety purposes, any hose used to supply City water for sidewalk cleaning purposes shall use a fixture that flows at no more than 2.5 gpm, irrespective of pressure.
(8) Temporary Suspension of Permission to Use City Water for Purposes Listed in paragraphs (6) and (7). The Commissioner may suspend the authorization granted herein for the flushing of sidewalks and the watering of lawns and gardens. Such a suspension may be implemented without formal notice, through advisories issued via broadcast or print media. Upon the declaration of either a Water Pressure Alert or a Water Pressure Emergency, the use of City water to flush sidewalks and to water lawns or gardens is prohibited until the alert/emergency has ended.
(9) Car washing.
(i) The use of City water for commercial car washing purposes is prohibited, except (a) where at least seventy-five (75) percent of the water is reused by means of a recirculating system which uses City water for the final rinse only, or (b) where coin operated automatic high pressure equipment is employed. Any premise using City water for commercial car washing must install an approved backflow prevention device.
(ii) Garages, gasoline service stations, and other similar establishments which furnish car washing as part of their regular service and do not employ automatic car washing equipment with appurtenances, as described above, may use buckets of water only.
(iii) Any hose used to supply City water for non-commercial car washing purposes must be equipped with a nozzle which limits flow to no more than five (5) gpm at sixty (60) psi and which is equipped with an automatic shutoff mechanism which will turn off the flow of water if a handle or trigger is not actively held or compressed.
(1) Fire hydrants may be routinely opened only by authorized employees of the Department and/or the Fire Department. All others seeking permission to open a fire hydrant must secure a permit from the Department. Fire Hydrant Use Permits must be displayed at the site where water is being used. Permits for the use of hydrants may not be granted when, in the view of the Department, water from a metered source is available to serve the end use described in the permit application. Permit applicants are required to describe the proposed use in detail and indicate why another alternative (e.g., existing metered source or construction meter) cannot be used. Only approved hydrant wrenches shall be used. Water shall be obtained from the smaller size hydrant nozzle only. Caps and chains are not to be broken and shall be securely replaced after use. Only approved hydrant wrenches shall be used. Water shall be obtained from the smaller size hydrant nozzle only. Caps and chains are not to be broken and shall be securely replaced after use.
(2) Fire Hydrant Use Permits shall be valid only between the hours of 7:30 a.m. and 7:30 p.m. on the days specified therein, unless otherwise approved by the Department.
(3) Permits shall not be issued for use of fire hydrants supplied by water mains which are twenty (20) inches or larger in diameter. Fire hydrants may not be obstructed, and shall be available, at all times, for use by the Fire Department.
(4) With the exception of hoses used to extinguish fires, any hose connected to a fire hydrant must be equipped with either an approved backflow prevention device or an approved four (4) inch air gap, unless in the Department’s opinion, the application does not pose a backflow hazard, such as watering a community garden. Applications which do require an air gap or backflow prevention device include, but are not limited to, demolition dust control, pavement breaking, cutting and sawing, mixing and curing of concrete or mortar, well digging, washing/pumping of manholes, basements or sewers, application of pesticides, herbicides, paints, curing agents or fertilizers, washing down roadway construction, or make-up water. (See Appendix Figure #6).
(5) Connections to fire hydrants shall be made by valve and couplings which can be readily detached in case of emergency. Where valve and couplings are used, the hydrant must be fully open at all times. The rate of flow shall be governed by the installed valve, and all such connections shall be uncoupled immediately after use.
(6) All fire hydrants used during the period from November 1st to April 15th shall be pumped out immediately after use. Hydrants Use Permits shall be invalid when the temperature is below thirty-two (32) degrees Fahrenheit.
(7) Defective hydrants shall immediately be reported to the Department by the permit holder.
(8) Opening a fire hydrant without a permit shall be a violation.
(1) Installation and maintenance. The property owner shall be responsible for installation and maintenance of corporations stops (taps), wet connection sleeves and valves, three-ways, service pipes, and curb valves.
(2) Shut-off charges. Should the Department shut a tap because of a leaking service pipe, non-payment of a bill, denial of access for an inspection or meter replacement or repair, failure to make repairs required for the installation or replacement of a meter, or non-compliance with Department rules, the owner shall pay a shut-off charge in accordance with the Water and Wastewater Rate Schedule of New York City Water Board.
§ 20-09 Enforcement.
Any person who is in violation of or fails to comply with any provision, standard or requirement of these Rules or the terms and conditions of any permit issued pursuant to these Rules shall be subject to the issuance of notice(s) of violation and other civil or criminal enforcement action(s) pursuant to the provisions of § 24-346 of the Administrative Code of the City of New York, including but not limited to payment of civil penalties and compliance with orders of the Commissioner and/or the Environmental Control Board. In addition to any civil and criminal enforcement pursuant to § 24-346 of the Administrative Code of the City of New York, the Department may refuse to issue permits to any person who is in violation of, or fails to comply with, any provision, standard or requirement of these Rules or the terms and conditions of any permit, in accordance with 15 RCNY § 20-01(c).
§ 20-10 Glossary.
For the purposes of “The Rules Governing and Restricting the Use and Supply of Water”, the following definitions shall apply:
Aesthetically objectionable. A condition which could be objectionable to other water consumers, but would not adversely affect human health. Substances such as food-grade dyes, hot water, and stagnant water from fire lines in which no chemical additives are used may result in aesthetically objectionable conditions.
Air gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device, and the flood level rim of the receptacle, which shall be at least double the diameter of the supply pipe.
Applicant. Any person applying for a permit pursuant to these Rules.
AMR – Automatic Meter Reading. The use of radio or telephone-based technology to read water meters.
ANSI. The American National Standards Institute.
ASCII. American Standard Code for Information Interchange.
ASTM. The American Society for Testing Materials.
Automatic water regulating device. A self regulating valve or other device, the purpose of which shall be to limit the maximum use of City water on air conditioning and refrigeration units that do not have a water conserving device to 1.5 gpm per ton of refrigeration or air conditioning.
AWWA. The American Water Works Association.
Backflow prevention device. An approved air gap, reduced pressure zone (RPZ) device, or double check valve assembly (DCV) used to contain potential contamination within a facility.
Backflow/Backsiphonage. The reversal of normal flow in a system caused by a negative pressure (vacuum or partial vacuum) in the supply piping.
Ball valve. A valve capable of regulating, stopping or starting flow with a one-quarter (90°) turn of the valve by means of a movable ball which fits in a spherical seat.
BCS. Bureau of Customer Services.
Booster system. A pumped system used to deliver water at a higher pressure within a building.
Building. An enclosed structure having a specific block and lot (or tax sub-lot) and a separate entry from the street or an outdoor area.
City. The City of New York.
City water. Water supplied by the City of New York.
City water main. A water main owned and maintained by the City of New York under the jurisdiction of the Department.
Combined service. A water service which supplies both domestic and fire suppressions end uses and the fire protection requirements exceed the domestic demand and determine the size of the service.
Commissioner. The Commissioner of the New York City Department of Environmental Protection.
Completed meter permit. A meter permit returned to the Department that indicates the meter size, type, serial number, remote identification number, meter and remote receptacle location, and date of installation that has been signed and sealed by the licensed plumber and lists the licensed plumber’s business address.
Cross connection. A physical connection or arrangement between two separate piping systems where one system contains potable water; the other contains steam, gas, a chemical, or water of questionable safety, and there may be a flow from one system to the other.
Curb valve. A shutoff valve on the service pipe in the sidewalk area outside the building, generally located eighteen (18) inches from the curb.
Customer. Any person to whom City water is supplied.
Day. Except as otherwise stated, day shall refer to calendar day.
DDC. New York City Department of Design and Construction.
Department or DEP. The New York City Department of Environmental Protection.
Distribution piping. All piping downstream of the water meter setting.
Degree of hazard. The potential of a facility to cause contamination of the public water supply. A facility may be rated Hazardous, Aesthetically Objectionable or Non-Hazardous.
Department. The New York City Department of Environmental Protection.
Detector assembly. A device installed in a water service pipe, in lieu of a meter, which indicates that flow has occurred.
Disinfection. Chlorination in accordance with methods approved by the Department.
Domestic service with sprinkler heads. A domestic service sized for domestic demands which has been approved by the Department of Buildings to supply a limited number of fire sprinkler heads.
Domestic use. Water consumed for purposes other than extinguishing fire.
DOT. New York City Department of Transportation.
Double check detector assembly. A device consisting of two (2) single independently acting check valves, suitable connections for testing the water tightness of each valve, and an indicator that shows whether flow has occurred from the water service pipe into the premises housed together as one unit.
Double check valve assembly. A device consisting of two (2) single independently acting check valves, suitable connections for testing the water tightness of each valve, and inlet control valve and an outlet control valve housed together as one unit.
Electronic meter (electromagnetic meter). A meter that operates using Faraday’s Principle.
Encoder-Register. A device from which electronic meter reading data can be obtained from the meter semiautomatically and at a remote location.
Fee. A charge determined by the New York City Water Board.
Fire department. The New York City Fire Department.
Fire service meter. A water meter certified by an AWWA standard for such meters and approved by the Department for use on a service, subject to fire service flows.
Fire pump. A pump installed on a service pipe to insure adequate flow for purposes of fire protection.
Fire service. A service pipe that supplies water exclusively to a fire protection system.
Fixture units. A measure of the probable hydraulic demand on the water supply by various types of plumbing fixtures.
Flood level rim. The edge of the receptacle from which water overflows.
Flushometer valve. A device which discharges a predetermined quantity of water to fixtures for flushing purposes and is actuated by direct water pressure.
Gooseneck. An extra three (3) to five (5) feet of water service pipe installed to the right of the corporation stop (tap) when facing the corporation stop (tap). (See Appendix Figure #2).
G.P.M. (gpm). The rate of flow of water in a service pipe, or through a meter or a pump, measured in gallons per minute.
Hazardous facility. A facility in which substances may be present that may endanger the health of other customers if introduced into the public water system. Examples include: laboratories, sewage treatment plants, chemical plants, hospitals, and mortuaries.
House tank (roof tank). An elevated water storage tank used to feed domestic and/or fire systems, which is usually located on the roof.
Hydrant. A standard New York City fire hydrant.
I.D. The inside diameter of a pipe.
Internal fire protection system. A fire pump system, a sprinkler system or a standpipe system.
Internal water main. A water main constructed by a private entity in private property and not in a mapped street, record street or a street for which an opinion of dedication has been issued. Internal water mains are under the jurisdiction of the Department from the City or private water main up to and including the meter.
Irrigation system. Piping used to supply water to vegetation.
Licensed master plumber. A plumber licensed by the City agency having jurisdiction over such licenses to perform plumbing work within New York City.
Mapped street. A street that appears on the official map of New York City.
Meter. An instrument for measuring amounts of water consumed.
Meter register. The system component that converts the movement of the meter’s impeller, turbine, or disc into an electronic signal or display. This component consists of a meter register and a signal (data) encoder assembly, and is assembled as either a single unit, or as separate units to be mounted on the meter.
Meter set date. The date the meter is installed.
Meter setter/resetter. A shop or factory-fabricated set of piping, valves and an electrical continuity bar installed as a unit designed to hold a water meter of two (2) inches or less in diameter.
MTU. Meter Transmitter Unit. An electronics box wired to the water meter. The MTU is part of the AMR system programmed to read the meter and transmit radio frequency readings to a remote receiving unit.
New York City Water Board. A corporate municipal instrumentality of the State of New York established by Chapter 515 of the Laws of 1984 which is authorized to establish and collect fees, rates and other service charges for use of, or for services furnished by, the New York City water and sewer systems.
Non-turf plants. Plants other than a lawn.
Nozzle. A spring loaded self-closing device used for controlling the flow of water from a hose.
Offset swing joint. An installation consisting of three (3) lengths of pipe and four (4) elbows which are installed in lieu of a gooseneck. (See Appendix Figure #2.)
OSHA. The Occupational Safety and Health Administration of the United States Department of Labor.
OS & Y valve. The outside screw and yoke valve used on fire lines.
Person. An individual, partnership, company, corporation, association, organization, governmental agency, administration, department, any other group of individuals, or an officer or an employee thereof.
Pit meter. A water meter installed in an outside pit or vault.
Private water main. A water main constructed by a private person in the bed of a final mapped street or record street.
Professional engineer. An engineer licensed by the New York State Education Department to practice professional engineering in New York State.
psi. The static pressure of water within a closed piping system, or the loss of water pressure due to flow through a piping system, flow control devices or flow measuring devices, measured in pounds per square inch.
Record street. A street that appears on the Tax Map of the City but may not be a mapped street.
Reduced Pressure Zone (RPZ) Device. A minimum of two (2) independently acting check valves, with an automatically operated pressure differential relief valve located between the two (2) check valves.
Registered architect. A person licensed by the New York State Education Department to practice architecture in New York State.
Relay. Replacement of an entire water service pipe without replacement of the corresponding corporation stop (tap) or wet connection.
Remote read resolution. Refers to the smallest increment of water volume provided in the meter reading transmitted to a remote location. For example, a water meter may generate a reading in cubic feet, units of tens of cubic feet, or units of hundreds of cubic feet.
Remote receptacle. A system component at a location away from the meter that receives the probe of a portable visual-display unit, or a portable meter reading unit.
Rodding. The installation of steel rods in order to secure and prevent movement of joints, valves, caps, plugs, fittings and appurtenances.
Sealed Building. A building with windows and doors which are locked and covered or blocked by concrete block, bricks, sheet metal or other materials intended to prevent access. Windows covered with wooden boards shall not constitute a sealed building.
Separation (section) valve. A valve installed in a City water main or private water main to ensure two (2) separate sources of water.
Service pipe. A water supply pipe which connects the customer or a development to a City water main, private water main or internal water main. Service pipes connecting a single customer’s premises to a City water main or a private water main are under the jurisdiction of the Department from the City water main or private water main up to and including the meter outlet valve in metered properties, or the first valve within the property in unmetered properties. For properties with an internal water main and a meter vault at the property line, the Department’s jurisdiction runs from the water main connection to the first valve inside the property line.
Sidewalk valve. A valve on a domestic service pipe located in the sidewalk area, at a distance of two (2) feet (street side) from the property line.
Stuffing box. That part of a valve which contains packing or similar material which prevents leakage when the valve is operated.
Suction tank. A tank used to protect the City distribution system from a large, sudden water demand.
Swing joint connection. An acceptable method of connecting to either well water or City water.
Tap. A corporation stop approved by the Department which controls the flow of water.
Tee connection. A three-way pipe fitting installed in a private water main or internal water main in lieu of a tap or wet connection.
Test tee. A downward pointing plain tip faucet or hose connection located after the water meter but before the meter outlet valve that is used for connecting an outlet hose for meter accuracy testing.
Title vested street. A mapped street or record street whose ownership has been accepted by the City of New York, or a street which has a Corporation Counsel Opinion of Dedication.
UL/FM. Underwriter’s Laboratories/Fireman’s Mutual.
Vacant building. A building which is not inhabited, or is occupied illegally.
Valve. An non-rising stem gate valve.
Valve box. A standard New York City valve enclosure including the skirt, head and cover.
Waiver. The act of intentionally relinquishing a right or privilege.
Water conserving device. With reference to air conditioning or refrigeration systems, an evaporative condenser, water cooling tower, spray pond or economizer.
Water meter accuracy testing (“meter testing”). Refers to testing the accuracy of a water meter in the field, on an indoor test bench, using methods designed by the Department and in conformance with AWWA’s Manual M6: “Water Meters – Selection, Installation, Testing and Maintenance.”
Water meter setting. The water meter, inlet and outlet isolation valves, test tee, and associated approved piping and fittings.
Water outlet. An orifice through which water is supplied to a fixture, into the atmosphere, to a boiler or heating system, or to any device which requires water to operate.
Wet connection. The hardware required to install a connection larger than two (2) inches without interruption of water service. A wet connection shall consist of a sleeve and a corresponding valve approved by the Department.
APPENDIX
Subchapter A: General Provisions
§ 21-01 Introduction.
The provisions of this subchapter apply to all stages of Drought Emergency in the City.
§ 21-02 Definitions.
Acceptable Irrigation Controller. “Acceptable Irrigation Controller” means a microprocessor-based controller for the valve(s) of an irrigation system that can be programmed for the various time and date intervals set forth in 15 RCNY § 21-09(e), 21-10(e) and 21-11(e), and that incorporates a rain sensor, soil moisture sensor or evapo-transpiration control.
Active Source. “Active source” means any sprinkling device or system and any device that delivers water under pressure.
City. “City” means the City of New York.
City water. “City water” means water supplied by or taken from the City water system.
City water system. “City water system” means the City water supply system.
Commissioner. “Commissioner” means the commissioner of the department or his or her designee or successor in function.
Department. “Department” means the New York City Department of Environmental Protection or its successor in function.
Drought emergency. “Drought emergency” as declared by the commissioner, exists when, in the opinion of the commissioner, there is a reasonable probability that without the implementation of stringent measures to reduce consumption, a protracted dry period would cause the City’s reservoirs to drop to levels that would threaten public health and safety.
ECB. “ECB” means the New York City Environmental Control Board.
Health care facilities. “Health care facilities” means hospitals, hospices, medical clinics, physician’s offices, nursing homes or any other facility caring for persons who are ill, aged or infirm, where, in the opinion of the commissioner, relief from the prohibition contained in 15 RCNY § 21-10(j) is necessary to protect the health and well-being of such persons.
Non-turf plants. “Non-turf plants” means all plants excluding turf.
Turf. “Turf” means grasses used as ground cover or lawn.
Water-conserving Irrigation System. “Water-conserving Irrigation System” means an irrigation system that delivers water at low pressure and low flow rate directly to the roots of non-turf plants, including trees, such as “drip irrigation systems,” “soaker hoses,” or “Treegators.”
Well water. “Well water” means water drawn from a subsurface well under permit from the New York City Department of Health and/or the New York State Department of Environmental Conservation.
§ 21-03 Sanctions.
(a) Violations of the rules contained in this chapter or any variances granted pursuant to 15 RCNY § 21-04, shall be punishable by fines and penalties established by the Administrative Code, §§ 24-337 and 24-346, and may be returnable before the ECB.
§ 21-04 Variances.
(a) The Commissioner may appoint a "Drought Emergency Variance Board" (the "Variance Board") for the purpose of entertaining requests for variances from compliance with any of the requirements of the rules contained in this chapter. Variance Board members shall only be appointed from the personnel of the Department or the New York City Water Board.
(1) that compliance with such rules would result in an undue hardship;
(2) that there are no reasonable alternatives;
(3) that the applicant has taken and will take all possible measures to conserve water, with a complete description of such measures and the water savings to be effected; and
(4) that such variance is not inconsistent with the purpose of such rules.
(1) An applicant may appeal the denial of a variance issued by the Variance Board under the rules of this subchapter by filing a notarized petition in writing with the Commissioner within thirty (30) days of the date the denial notification was mailed. The appeal shall state the name and address of the petitioner and shall include a short and plain statement of the matters to be adjudicated, identifying the variance sought by the petitioner with citation to the applicable provisions of such rules, the proposed location of the activity, and the date of the Variance Board’s denial. A copy of the denial notification being appealed shall be attached to the petition.
(2) The applicant may appeal only the issue of whether the Variance Board abused its discretion in denying a request for a variance or in imposing a substantial condition in a grant of a variance.
(3) Upon review of any appeal filed pursuant to 15 RCNY § 21-04(e), the Commissioner may, in his/her discretion, grant a variance relieving a person or entity from compliance with any of the requirements of the rules. In connection with any variance that may be granted, the Commissioner may impose such terms and conditions as deemed appropriate. Appeals shall be processed in a timely fashion, and determinations shall not be unreasonably withheld or delayed.
(4) The filing of an appeal shall not relieve the petitioner from complying with any requirements of the rules of this subchapter, and shall not immunize any person or entity from any civil or criminal prosecution or sanction authorized under such rules.
§ 21-05 Drought Emergency Rate Plan.
At any time after the actual declaration of a Phase I Drought Emergency, the Commissioner may recommend and request that the New York City Water Board consider the adoption of a drought emergency contingency rate plan that conforms with § 24-360 of the Administrative Code of the City of New York. Such rate plan shall have as its goal the creation of enhanced incentives for water conservation by increasing the cost of city water by such amounts, and for such duration, as the Commissioner may recommend and which the Water Board in its sole discretion shall consider appropriate.
§ 21-06 “Save Water” Signage.
(a) Introduction. Immediately upon the declaration of any stage of Drought Emergency by the Commissioner, "Save Water" signs, as described below, shall be prominently posted in every building or premises connected to the city water system or in which city water is used, in the locations specified below. It shall be the responsibility of every person or entity owning, using, leasing, managing, operating or controlling any such building or premises to assure that such signs are properly posted. The provisions set forth in this 15 RCNY § 21-06 do not apply to one-, two-, three- or four-family dwellings.
SAVE WATER Report Leaks and Water Waste Call 311
(1) Multiple dwellings. In multiple dwellings (five units or more): At each entrance, near mailboxes, in each elevator and on each floor.
(2) Hotels. In hotels: At each entrance, near each check-in desk and cashier, near each entrance to each restaurant or other public eating place, in each elevator, in the public hallway on every floor and in each bathroom (except signs in private bathrooms in individual hotel rooms may be reduced to three inches by five inches in size).
(3) Hospitals. In hospitals: At each entrance, in each elevator, on every floor by an elevator, in each bathroom and shower room, in each laboratory, and in each restaurant or cafeteria.
(4) Office buildings. In office buildings: At each entrance, in each elevator, on every floor by an elevator, in each bathroom and in each dining room or cafeteria or other places where food is sold.
(5) Restaurants. In restaurants: In each bathroom and at each table (except signs at tables may be reduced to three inches by five inches in size).
(6) All other nonresidential buildings. In all other nonresidential buildings, including all commercial and industrial buildings: At each entrance, in each elevator, on every floor by an elevator, in each bathroom and shower room, above each sink or group of sinks, in each eating area and in the work area of every process or operation using any water.
§ 21-07 “Water-Conserving Irrigation System” Signage.
Immediately upon the declaration of any stage of Drought Emergency by the Commissioner, “Water-Conserving Irrigation System” signs, as described below, shall be prominently posted at every building or premises in which city water is used in Water-conserving Irrigation Systems for the irrigation of non-turf plants. It shall be the responsibility of every person or entity owning, using, leasing, managing, operating or controlling any such building or premises to assure that such signs are properly posted. A sign not less than 6 inches by 9 inches in size must be prominently posted at the watering location indicating that a Water-conserving irrigation system is in use. The sign shall include the following wording and may include any artwork or additional language, related to water conservation, that may be desired by the person or entity posting the sign:
SAVE WATER WATER-CONSERVING IRRIGATION SYSTEM IN USEREPORT LEAKS AND WATER WASTECALL 311
§ 21-08 Well Water Use Prohibition Exceptions.
No person shall cause, permit or allow the use of well water for any purpose for which the use of city water is prohibited by the rules contained in this chapter unless:
DROUGHT EMERGENCY PRIVATE WELL WATER IN USE HEALTH DEPT PERMIT NO. ____________
The permission to use well water granted by this 15 RCNY § 21-07 may be revoked by the commissioner for any violation of the foregoing conditions, or of these rules, or of any applicable laws, rules or regulations.
Subchapter B: Stage I
§ 21-09 Prohibitions.
Upon declaration of the Commissioner of a Stage I Drought Emergency, no person or entity shall cause, permit or allow:
(1) city water may be used to water any turf, except for golf course fairways, from 7:00 a.m. to 9:00 a.m. and from 7:00 p.m. to 9:00 p.m., on the following schedule:
(i) At even numbered addresses, city water may be so used during the above-specified hours on even-numbered days of the month;
(ii) At odd-numbered addresses, city water may be used during the above-specified hours on odd-numbered days of the month.
(2) newly seeded or newly sodded turf (excluding golf course fairways) or newly planted non-turf plants, may be irrigated with city water, in addition to the scheduled times in (e)(1)(i) and (ii), on the day of planting and for the two days following planting;
(3) if hand-held hoses equipped with nozzle tips or in-line flow regulators, or water conserving irrigation systems that effectively limit water output to a maximum flow rate of five gallons per minute are utilized, city water may be used to water non-turf plants from 7:00 a.m. to 9:00 a.m. and from 7:00 p.m. to 9:00 p.m. on the following schedule:
(i) At even numbered addresses, city water may be used during the above specified hours on even-numbered days of the month;
(ii) At odd-numbered addresses, city water may be used during the above specified hours on odd-numbered days of the month;
(4) If hand-held containers or a water conserving irrigation systems with an acceptable irrigation automatic controller is utilized, city water may be used for any two two-hour periods on the appropriate day of the month as set forth above, provided that, for water-conserving irrigation systems, these time periods are indicated on the signage mandated by 15 RCNY § 21-07;
Subchapter C: Stage II
§ 21-10 Prohibitions.
Upon declaration of the Commissioner of a Stage II Drought Emergency, no person or entity shall cause, permit or allow:
(1) newly seeded or newly sodded turf (excluding golf course fairways) or newly planted non-turf plants may be irrigated with city water on the day of planting and for the first day following planting;
(2) if hand-held hoses equipped with automatic shut-off nozzles or in-line hose flow regulators that effectively limit water output to a maximum flow rate of five gallons per minute at eighty pounds per square inch; or water-conserving low-flow/low pressure irrigation systems are utilized, city water may be used to water non-turf plants in accordance with the schedule set forth in subchapter B above;
(3) if hand-held containers or a water conserving irrigation system with an acceptable irrigation controller is utilized, city water may be used to water non-turf plants for any two two-hour periods on the appropriate day of the month as set forth in Subchapter B above, provided that, for water-conserving irrigation systems, these time periods are indicated on the signage mandated by 15 RCNY § 21-07;
Subchapter D: Stage III
§ 21-11 Prohibitions.
Upon declaration of the Commissioner of a Stage III Drought Emergency, no person or entity shall cause, permit or allow:
(1) newly seeded or newly sodded turf (excluding golf course fairways) or newly planted non-turf plants may be irrigated with city water on the day of planting;
(2) if hand-held hoses equipped with nozzle tips or in-line hose flow regulators that effectively limit water output to a maximum flow rate of five gallons per minute at eighty pounds per square inch or water conserving irrigation systems are utilized, city water may be used to water non-turf plants only in accordance with the schedule set forth in subchapter B above;
(3) if hand-held containers or a water-conserving irrigation systems with an acceptable irrigation controller is utilized, city water may be used to water non-turf plants for any two two-hour periods on the appropriate day of the month as set forth in Subchapter B above, provided that, for water-conserving irrigation systems, these time periods are indicated on the signage mandated by 15 RCNY § 21-07;
(1) this subdivision (j) shall not apply in health care facilities or to buildings that use non-city water for cooling tower makeup water;
(2) when essential for the continuous operation of electronic data processing equipment, the temperature in a room or floor occupied predominantly by such equipment may be maintained lower than 79 degrees Fahrenheit but at the highest temperature compatible with such continuous operation. The burden or proof shall be upon the respondent in any administrative proceeding to show that the temperature maintained was the highest temperature compatible with continuous operation of such equipment, and respondent’s proof must include documentation of the manufacturer’s temperature control specification for such equipment.
§ 22-01 Documents Required.
(a) Written application to the New York City Department of Environmental Protection by the authorized official of the Water District or Municipality for permission to connect to and obtain water from the New York City water supply system.
(1) The details of the proposed connection to the New York City System or of an interconnection to a source of the New York City water supply system;
(2) The maximum, minimum, and average drafts of water expected to be taken through the proposed connection or interconnection;
(3) The details of the proposed metering equipment and appurtenances;
(4) A current and updated distribution system map of the District or Municipality indicating sources of supply, interconnections (size, flow direction and metering arrangement), pumping stations, storage points, and gradients;
(5) Any proposed installation, construction, or placement or any piping, structure, equipment, appurtenances, or other material that will be within the lands of the City of New York, or that may affect the property or the water supply of the City of New York in any way whatsoever, or that may involve the measurement of water taken from the New York City water supply system.
(6) The lands of the City of New York that are expected to be used by the Water District or Municipality.
(7) Computations showing basis of design of piping, structures, and other equipment and materials pertinent to the proposed connection.
DRAFT RESOLUTION BY THE TOWN BOARD* Resolved: That the Supervisor of the Town of ____________ shall be, and is hereby, authorized to execute the Agreement, on behalf of the ________________________ by and among the ________________ and the City of New York pertaining to the withdrawal of City water from the New York City water supply system. Resolved: That the Water District agrees to comply with the provisions of Subchapter 3-A of Chapter 3 of Title 5 of the Administrative Code of the City of New York which relates to obtaining and receiving a supply of City water from the water supply system of the City of New York.
§ 23-01 Applicability, Definitions, Prohibitions, Variances, and Incorporation by Reference of Appendices.
(a) Applicability. This Rule applies to all Drainage proposals, all Private sewer or Private drain plans, all Private sewer or Private drain Construction permit applications, and the construction of all Private sewers or Private drains in the City of New York and shall not apply to Internal private drains.
(1) “Allowable flow” means, for drainage design purposes only, a predetermined quantity of Flow that can be released into an existing outlet sewer system.
(2) “Alteration map” means a map showing proposed changes to the City map.
(3) “Applicant” means the owner of a proposed development or his or her legally designated representative.
(4) “Applicant’s offering plan” or “applicant’s offering prospectus” means the set of legal documents setting forth the rights, privileges, and duties of purchasers of shares in the applicant’s proposed development.
(5) “Block” means a tract of land bounded by consecutive intersecting streets.
(6) “City” means the City of New York.
(7) “City drainage plan” means a plan for the proper sewerage and drainage of the City of New York or any part thereof prepared and adopted in accordance with § 24-503 of the Administrative Code of the City of New York.
(8) “City map” means the city map referred to in §§ 198 and 199 of the New York City Charter.
(9) “Condominium association” means the legal entity comprising the present and future homeowners of the proposed condominium development.
(10) “Construction permit” or “permit to construct” means a written authorization issued by the department to construct a private sewer or private drain.
(11) “Contributory drainage area” means a drainage area bounded by the ridge lines or furthest boundaries reaching a point of discharge.
(12) “Department” means the Department of Environmental Protection.
(13) “Detention basin” means a structure designed to store an accumulation of stormwater runoff and release it at a controlled rate into an existing outlet sewer system of limited capacity.
(14) “Drainage proposal” means a plan showing a proposed sewerage system to serve a proposed development and contributory drainage area that does not conform with the city drainage plan.
(15) “Dwelling unit” means one or more rooms in a building that are arranged, designed, used or intended for use by one family.
(16) “Finally mapped street” means a street as shown on the city map.
(17) “Flow” means a continuous movement of stormwater or wastewater.
(18) “Homeowners’ association” means the legal entity comprising the present and future homeowners of the proposed development.
(19) “Internal private drain” means all drainage systems within the boundaries of a proposed development, including the internal private roads of such development.
(20) “Internal private roads” mean private internal right of ways that are within the boundaries of a proposed development and are not part of finally mapped streets or record streets.
(21) “Legally designated representative” means a professional engineer or a registered architect licensed by the State of New York who represents the owner in connection with a proposal, plan, or application under this rule.
(22) “Legal outlet” means an outlet sewer system designed and built according to a city drainage plan or approved private sewer or private drain plan and which is the allowable outlet to accommodate the sanitary, stormwater, or combined flow from the proposed development.
(23) “Lot” means a tax lot as shown on the tax map of the city.
(24) “Mapping action” means a proceeding to change the city map pursuant to the New York City Charter.
(25) “Opinion of dedication” means an opinion by the corporation counsel that a street is an open and continuously traveled street dedicated for public use.
(26) “Owner” means any individual, firm, corporation, company, association, society, institution or any other legal entity that owns the property, appurtenances, and Sewer easements comprising the proposed development.
(27) “Private” means owned or controlled by any entity other than the department.
(28) “Private drain” means a private sanitary, stormwater, or combined drain that is constructed in a finally mapped street, record street, or sewer easement and discharges into an existing legal outlet, but shall not include Internal private drains.
(29) “Private sanitary force main” means a privately owned, operated, and maintained drain designed to receive the wastewater discharged from a private pumping station and convey it under pressure to a point of discharge.
(30) “Private pumping station” means a privately owned, operated, and maintained wastewater collection facility required for the pumping of sanitary or stormwater runoff or combined sewage from the proposed development.
(31) “Private sewage treatment plant” means a privately owned, operated, and maintained facility on a private property that is used for the physical, chemical, or biological treatment of the wastewater from a proposed development and contributory drainage area.
(32) “Private sewer” means a private sanitary, stormwater, or combined sewer that is designed and constructed in accordance with the requirements of the city drainage plan and this rule which is located in a finally mapped street, record street, or sewer easement and discharges into an existing allowable legal outlet, but shall not include internal private drains.
(33) “Private sewer plan” or “private drain plan” means a construction plan for the installation of private sewers or private drains and appurtenances thereto.
(34) “Proposed development” means all the property, improvements, sewer easements, and appurtenances thereto that will be served by the private sewer or private drain that is the subject of an application for approval of a drainage proposal, a private sewer or private drain plan, or a private sewer or private drain construction permit.
(35) “Record street” means a street that appears on the tax map of the city but which may not be a finally mapped street.
(36) “Rule” means all the standards and requirements of the department governing the design and construction of private sewers or private drains as contained herein.
(37) “Runoff” means overland stormwater flow that is not absorbed into the ground.
(38) “Sewer easement” means the limited right to use that part of a private property that is designated for the construction and maintenance of a drainage facility such as a city sewer, a private sewer, a private drain, a watercourse, a watercourse diversion, or related structures, but not including internal private drains.
(39) “Special conditions” mean and include, but are not limited to, the construction or use of a private sewage treatment plant, a private on-site pumping station, a private on-site detention basin, a private watercourse diversion by an open channel or closed piping, or a proposed development requiring a mapping action.
(40) “Tax map” means the tax map of the city as defined and referred to in § 11-203 of the Administrative Code of the City of New York.
(41) “Tentative lot” means a proposed tax lot as shown on the “Request to Real Property Assessment, Department of Surveying, Division for Tentative Lot Numbers.”
(42) “Watercourse” means a natural or artificial channel or visible path or active trench which carries stormwater runoff from a contributory drainage area.
(43) “Watercourse diversion” means the re-routing of an existing watercourse located within the proposed development by either open channel or closed piping.
(1) No Owner may commence construction of a private sewer or a private drain without having first obtained a written construction permit issued by the department.
(2) No construction permit may be issued until the department has received, reviewed, and approved the owner’s drainage proposal, the private sewer or private drain plan, and the construction permit application and has determined that the same are complete and in full compliance with all standards and requirements of this rule including, but not limited to, all engineering, legal, and insurance standards and require- ments.
(3) No drainage proposal, private sewer or private drain plan, or construction permit application may be approved by the department unless the professional seal and signature of the professional engineer or registered architect who is the Legally designated representative of the owner appears on each sheet of such proposal, plan and application form.
(4) No legal instrument required by this rule including, but not limited to, affidavits, consents, declarations, agreements, real estate instruments, sureties, bonds, indemnities, and security deposits may be amended, modified, or canceled by the owner or his or her agents without the express prior written consent of the department.
(1) Upon written request by the owner of a proposed development, the department may grant a variance from one or more standards or requirements of this rule only upon adequate proof substantiating that compliance with the standard or requirement will impose an exceptional hardship as defined by sub-paragraph (2)(ii) and (2)(iii) of this subdivision. There shall be no variances from the legal, bonding, insurance, or security requirements of this rule.
(2) Every request for a variance shall:
(i) identify the specific provision of this rule for which a variance is sought;
(ii) demonstrate that compliance with the identified provision would, on the basis of conditions unique to the owner’s particular situation in contrast to the rest of the industry, impose an exceptional economic or technological hardship or create an unsafe condition; and
(iii) demonstrate that the proposed variance will not result in any significant adverse impact on safety, public health, or the environment.
(3) In granting any variance, the department may impose such additional terms and conditions that the department determines are necessary to ensure that the variance will not have any adverse impact on safety, public health, or the environment.
§ 23-02 Requirements for the Submission of Drainage Proposals for the Construc- tion of Private Drains and Additional Requirements for Drainage Proposals and Private Drain Plans.
(a) Drainage proposals; when required. Owners proposing to construct a private drain to serve a proposed development shall submit a drainage proposal to the department.
(1) the source, quantity, method of conveyance, and outlet for all stormwater runoff;
(2) the source, quantity, method of conveyance, and outlet for all sanitary flow;
(3) a description of the proposed development to be served by the proposed private drain including a description of the type of all buildings to be constructed or maintained on the proposed development;
(4) a description of the route(s) of the proposed private drains;
(5) all engineering computations performed in accordance with this rule and the department’s most recent drainage design criteria;
(6) a letter from the office of the borough president of the county in which the proposed development is located verifying the legal status of all streets involved in the proposed development;
(7) a survey of the proposed development and the location and route(s) of the private drain(s) prepared or updated no more than one year prior to the date of submission of the drainage proposal by a professional land surveyor licensed by the State of New York and prepared in accordance with the requirements of Appendix A-6;
(8) as-built drawings for the existing outlet for the proposed private sewers or private drains. If as-built drawings are not available, then a sewer route survey showing the sewer or drain size, type, material, and invert/rim elevations at the manholes shall be submitted;
(9) boring logs prepared in compliance with Appendix A-8;
(10) a copy of the latest tax map of the proposed development as certified by the city surveyor;
(11) a copy of the portion of the city map and, if applicable, the alteration map, showing all streets shown on the drainage proposal;
(12) a copy of the builder’s pavement plan as filed with the city;
(13) a copy of all applicable permits and approvals required by other federal, state, or local laws and regulations including the city’s Uniform Land Use Review Procedure (ULURP);
(14) all applicable legal documentation required by this section and 15 RCNY § 23-03(c);
(15) paper prints prepared in accordance with the requirements of Appendix A-2; and
(16) the Department’s review fee for drainage proposals in accordance with 15 RCNY § 23-08;
(1) Use of proposed private sewage treatment plants or proposed private pumping stations in residential districts serving 50 or more dwelling units. Drainage proposals and private drain plans in residential districts where proposed private sanitary drains will discharge into a proposed private sewage treatment plant or a proposed private pumping station which is not owned and operated by the department and serves 50 or more dwelling units shall include the following additional information and documentation:
(i) proof of approval by the Department of City Planning;
(ii) proof of conceptual approval by the Department of Buildings with appropriate conditions and safeguards as prescribed by the Department of City Planning;
(iii) approval from the New York City Department of Health specifying the following for each private sewage treatment plant or private pumping station:
(A) the total number of dwelling units approved;
(B) the number of dwelling units committed with the drainage proposal;
(C) the number of dwelling units committed to other developments; and
(D) the remaining number of uncommitted dwelling units;
(iv) a copy of the initial franchise application as filed with the city for the installation and maintenance of a Private sanitary force main within a finally mapped street where the city has title or an opinion of dedication; and
(v) a properly recorded restrictive declaration executed by the owner creating a homeowners’ or condominium association to own, maintain, and operate the private sewage treatment plant or private pumping station.
(vi) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewage treatment plant or private pumping station and all appurtenances thereto;
(vii) security in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller’s office guaranteeing the continuous and proper maintenance of the private sewage treatment plant or private pumping station for as long as such sewage treatment plant or pumping station remains in use; and
(viii) the owner’s liability insurance in an amount determined by the department in accordance with 15 RCNY § 23-04 certified by the owner’s liability insurance company.
(2) Use of existing private sewage treatment plants or existing private pumping stations. Drainage proposals and private drain plans incorporating the use of an existing private sewage treatment plant or an existing private pumping station which is not owned and operated by the department shall include the following additional information and documentation:
(i) a properly recorded consent executed by the owner of the existing private sewage treatment plant or private pumping station granting the owner the right to connect to the existing private sewage treatment plant or private pumping station;
(ii) approval from Department of Health specifying the following for each private sewage treatment plant or private pumping station:
(A) the total number of dwelling units;
(B) the number of committed dwelling units previously connected;
(C) the number of committed dwelling units not yet connected;
(D) the number of dwelling units committed with the drainage proposal; and
(E) the remaining number of uncommitted dwelling units.
(3) Use of private on-site detention basins. Drainage proposals and private drain plans incorporating the use of private on-site detention basins to accommodate both on-site and off-site stormwater runoff shall include the following additional information and documentation:
(i) the delineation of the private on-site detention basin on a separate tax Lot with appropriate provisions that the department determines are necessary for adequate access to the basin and to the piping entering and exiting the basin for maintenance purposes;
(ii) all hydraulic computations related to the design of the private on-site detention basin conforming to the department’s most recent private on-site detention basin design criteria;
(iii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private on-site detention basin and all appurtenances thereto;
(iv) security in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller’s office guaranteeing the continuous and proper maintenance of the private on-site detention basin for as long as such detention basin remains in use; and
(v) the owner’s liability insurance in an amount determined by the department in accordance with 15 RCNY § 23-04 certified by the owner’s liability insurance company.
(4) Watercourse diversions. Drainage proposals and private drain plans incorporating watercourse diversions which function as the outlet for the stormwater runoff from the upstream contributory drainage area shall include the following additional information and documentation:
(i) a properly recorded declaration of sewer easement establishing and delineating a sewer easement in favor of the department;
(ii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the watercourse diversion and all appurtenances thereto; (iii) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller’s office guaranteeing the continuous and proper maintenance of the proposed watercourse diversion for as long as such watercourse diversion remains in use; and
(iv) all hydraulic computations relative to the design of the watercourse diversion or piping.
(5) City map changes. Drainage proposals and private sewer or private drain plans incorporating a change or proposed change to the city map shall include the following additional information and documentation:
(i) an alteration map as prepared in conjunction with the application to the Department of City Planning for a mapping action; and
(ii) an amendment to the city drainage plan which shall reflect the new street pattern created by the mapping action.
§ 23-03 Legal Requirements for Private Sewers or Private Drains.
(a) General requirements for all legal instruments. All legal instruments required by this rule including, but not limited to, affidavits, consents, declarations, agreements, real estate instruments, sureties, bonds, indemnities, and security deposits shall be submitted on the appropriate forms supplied by the department, shall contain original signatures, and shall be properly recorded in the office of the clerk of the county in which the proposed development is located to the extent that recording is required.
(1) Owners proposing to construct a private sewer or private drain in a city-owned street shall also submit a letter from the office of the appropriate borough president verifying that title to the street in which a private sewer or private drain is to be constructed has vested in the city.
(2) Owners proposing to construct a private sewer or private drain in a finally mapped street owned by the owner shall also submit the following:
(i) a title report verifying the owner’s ownership of the subject street(s);
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner’s right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan; and
(iii) a properly recorded declaration of public use-irrevocable street opening irrevocably opening the street(s) for public use.
(3) Owners proposing to construct a private sewer or private drain in finally mapped or record street(s) owned by others shall also submit the following:
(i) a title report verifying the ownership of the subject streets;
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner’s right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) either:
(A) a properly recorded sewer easement agreement establishing and delineating a sewer easement in favor of the owner; or
(B) a properly recorded declaration of public use-irrevocable street opening irrevocably opening the street(s) for public use;
(iv) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain if the street is not to be continuously opened for public use; and
(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 if the street is not to be continuously opened for public use.
(4) Owners proposing to construct a private sewer or private drain in finally mapped or record street(s) of unknown ownership shall also submit the following:
(i) a title report verifying that the finally mapped or subject streets are of unknown ownership;
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner’s right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain if the street is not to be continuously opened for public use; and
(iv) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 if the street is not to be continuously opened for public use.
(5) Owners proposing to construct a private sewer or private drain part of which will traverse the owner’s property shall also submit the following:
(i) a title report verifying the ownership of the subject property;
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner’s right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) a properly recorded declaration of sewer easement establishing and delineating a sewer easement in favor of the department;
(iv) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain and all appurtenances thereto; and
(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 guaranteeing the continuous and proper maintenance of the proposed private sewer or private drain for as long as such private sewer or private drain remains in use.
(6) Owners proposing to construct a private sewer or private drain part of which will traverse property of another shall also submit the following:
(i) a title report verifying the ownership of the subject property and/or street(s);
(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner’s right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan;
(iii) a properly recorded sewer easement agreement granting the owner the right to construct the proposed private sewer or private drain;
(iv) a properly recorded declaration of maintenance obligating the owner and successors-in-interest to maintain the private sewer or private drain and all appurtenances thereto; and
(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 guaranteeing the continuous and proper maintenance of the proposed private sewer or private drain for as long as such private sewer or private drain remains in use.
(7) Owners proposing to construct a private sewer or private drain in a Record street which is not a finally mapped street shall submit all documents required by paragraphs (3) or (4) of this section and a certified copy of a variance issued by the Board of Standards and Appeals for proposed construction on lots not fronting a finally mapped street or a determination from the Department of Buildings that no such variance is required.
§ 23-04 Insurance, Bonding, Security, and Indemnity Requirements for Private Sewers or Private Drains.
(a) General requirements.
(1) Duty to continuously maintain required insurance. No person may voluntarily cancel, terminate, modify, or allow to expire or lapse any insurance required by this rule without the prior express written consent of the department and presentation of proof that comparable continuous coverage, as determined by the department, has been secured from another insurer meeting the requirements of this rule. The owner shall present certificates of insurance evidencing continuation of insurance coverage as required by this rule no less than 30 days in advance of the date of cancellation, termination, or expiration of the existing insurance.
(2) Proof of insurance. Proof of insurance as required by this rule shall be made by presentation of a certificate of insurance issued directly by the insurer to the appropriate department borough records office specifying the named insured, the effective dates of each policy, the limits of each policy, the coverage afforded by each policy, and the name and address of the broker and agency for each policy.
(1) Indemnity. The following indemnity shall apply without exception or modification as a precondition to the department’s approval of any private sewer or private drain construction permit or the relocation of an existing sewer. All indemnities required by this section shall provide exactly as follows: “If the persons or property of the city or of others sustain loss, damage or injury resulting from the intentional or negligent acts or omissions of the owner or his or her employees, subcontractors, or agents in the performance of construction of the private sewer or private drain, or from his or their failure to comply with the provisions of local laws or of the permit, then the owner shall indemnify, defend, and hold the city harmless from any and all claims and judgements for damages, fees, costs, and expenses to which the city may be subjected or which it may suffer or incur by reason thereof”.
(2) General liability insurance. As a precondition to the department’s approval of an application for a private sewer or private drain construction permit or the relocation of an existing sewer, the owner shall obtain and maintain general liability insurance from a company authorized to write commercial general liability insurance in the State of New York. The required general liability insurance shall:
(i) have the following coverage provisions:
(A) premises and operations;
(B) products/completed operations;
(C) independent contractors;
(D) collapse, explosion and underground hazards; and
(E) deletion of railroad property damage exclusions, where applicable;
(ii) be maintained by the Owner, his or her heirs, successors, assigns, and transferees until title to the private sewer or private drain has been vested in the city. For the relocation of existing sewers, the insurance shall be maintained as required herein for a period of one year from the date of final inspection and approval by the department;
(iii) be equivalent to the most recent version of the Insurance Services Offices’ comprehensive general liability form GC-00-01 or equivalent, and shall provide not less than $1,000,000 per occurrence in bodily injury and property damage combined, $1,000,000 products completed operations and not less than $2,000,000 general aggregate per policy year. Excavations in central business districts shall be subject to a required limit of $3,000,000 per occurrence, $3,000,000 products/completed operations, and $6,000,000 general aggregate. The department shall be named as the insured on form CG-20-13 or equivalent;
(iv) expire no sooner than one year after the date of the private sewer or private drain construction permit application and shall name as insured the owner as identified on the private sewer or private drain construction permit application or approval and the title evidenced in connection herewith; and
(v) be endorsed to provide not less than sixty days advance notice by the insurance company or its agents to the department of any cancellation, termination, expiration, or modification of the policy. The endorsement shall give the name, title, and proper mailing address of the person in the appropriate departmentnt borough records office responsible for oversight of insurance and indemnity requirements.
(3) Insurance of sub-contractors. The owner shall require that all sub-contractors performing work pursuant to a private sewer or private drain construction permit obtain and maintain general liability insurance as required by paragraph (b)(2) of this section and naming the department as the insured. Proof of sub-contractor insurance coverage shall be made as required by paragraph (a)(2) of this section.
(1) Required indemnity. The following indemnity shall apply without exception or modification as a precondition to the department’s approval of any drainage proposal incorporating such special conditions as the use of a private on-site detention basin, private pumping station, or private sewage treatment plant. All indemnities required by this subdivision shall provide exactly as follows: “If the persons or property of the city or of others sustain loss, damage or injury resulting from the intentional or negligent acts or omissions of the owner or his or her employees, subcontractors, or agents by the operation, maintenance, or use of a private on-site detention basin, private sewage treatment plant, or a private pumping station, or their failure to comply with the provisions of local law or of the permit, then the owner shall indemnify, defend, and hold the city harmless from any and all claims and judgements for damages, fees, costs, and expenses to which the city may be subjected or which it may suffer or incur by reason thereof”.
(2) Insurance. As a precondition to the department’s approval of drainage proposals and private drain plans incorporating the use of a private on-site detention basin, a private pumping station, or a private sewage treatment plant, the owner shall obtain and maintain a liability insurance policy in an amount determined by the department in accordance with this section insuring the city against any damages that may be sustained by virtue of the operation, maintenance, use or failure thereof of the private on-site detention basin, a private pumping station, or a private sewage treatment plant.
(1) When required. The owner of a private sewer or private drain constructed in an unopened record or a finally mapped street to which the city does not have title, an opinion of dedication, or in a sewer easement within the boundaries of the proposed development where access to the public is regulated by the owner thereof, shall maintain the private sewer or private drain and appurtenances thereto in good working order at all times for as long as such maintenance obligation remains in effect. The owner shall further post a security deposit in a form acceptable to the comptroller in an amount determined by the department in accordance with this rule for the purpose of guaranteeing the proper and continuous maintenance of the private sewer or private drain and appurtenances thereto.
(2) Duration of security. The security shall remain on deposit with the comptroller until such time as the city acquires title to the streets or sewer easements wherein the private sewer or private drain and appurtenances thereto are located or until such time as the private sewer or private drain is no longer needed due to construction of city drainage plan sewers by the department according to the department’s capital sewer construction program schedule.
(1) the dollar amount of the title insurance policy shall be determined on the basis of the following information and documentation submitted by the applicant:
(i) a current tax map showing all the tax blocks and Lots involved in the proposed development;
(ii) the area and assessed valuations of each lot, land only, fronting the proposed private sewers or private drains;
(iii) the schematic layout of the proposed pipes in the streets or sewer easements indicating the length of the pipes; and
(iv) the dimensions and total area of the streets and/or sewer easements to be covered by the title insurance policy.
(2) The dollar amount of security deposits required by this rule shall be equal to the linear footage of the private sewer or private drain multiplied by seven, provided, however, that in no event shall the total amount of the required security deposit be less than five thousand dollars. The department may increase the required amount of security deposit in situations involving special conditions as outlined in 15 RCNY § 23-02(c). All maintenance securities shall be deposited with the comptroller’s office and shall be in a form acceptable to the comptroller.
(3) The dollar amount of performance and maintenance bonds shall be an amount that is equal to the cost of construction, as determined by the department, of the proposed private sewers or private drains.
§ 23-05 Standards for Drainage Proposal Approval, Revision, and Revocation.
(a) Standard for approval of drainage proposals. The department shall approve drainage proposals or drainage proposal revisions only after the department has determined that such drainage proposals or drainage proposal revisions are complete and are in full compliance with all standards, requirements, and provisions of this rule and the department's most recent design criteria.
(1) a change to the type or kind of the proposed development;
(2) a change to the point of sanitary or storm water discharge from the site;
(3) the addition or deletion of property in the proposed development resulting in a corresponding change to the proposed private drain;
(4) a change in the alignment of the proposed piping which does or may result in a change in the hydraulic design of the proposed private drain; or
(5) a change in the location of a proposed private on-site detention basin facility.
(1) any of the information or documentation submitted in support of the drainage proposal is false, inaccurate, or misleading;
(2) the approved drainage proposal fails to include adequate provisions for existing conditions that come to the attention of the department after it has approved a drainage proposal; or
(3) the applicant has made any of the changes listed in paragraph (d) of this section without prior written approval of the department.
§ 23-06 Standards and Requirements for the Submission and Approval of Private Sewer or Private Drain Plans.
(a) Private sewer or private drain plans; when required.
(1) Private sewers. Owners proposing to construct a private sewer in compliance with the city drainage plan shall submit a private sewer plan to the department for review and approval.
(2) Private drains. Owners proposing to construct a private drain shall submit a private drain plan only after the department has reviewed and approved the owner’s drainage proposal. Such private drain plans shall be prepared in accordance with the approved drainage proposal.
(1) a copy of the approved drainage proposal or city drainage plan for the proposed development;
(2) a survey prepared or updated by a New York State licensed professional land surveyor within one year of the date of submission of the private sewer or private drain plans to the department showing the proposed development and the route(s) of the proposed private sewers or private drains;
(3) a letter from the office of the Borough President of the county in which the proposed development is located verifying the legal status of all streets involved in the proposed development;
(4) boring logs prepared in compliance with Appendix A-8;
(5) an approved builder’s pavement plan;
(6) a copy of the latest Tax map of the proposed development as certified by the city surveyor;
(7) a copy of the portion of the adopted Final map and, if applicable, pending alteration map showing all streets shown on the private sewer or private drain plans;
(8) utility company reply letters received no more than ninety days prior to the date of submission of the private sewer or private drain plan;
(9) an engineer’s cost estimate prepared in accordance with Appendix A-7;
(10) a bill of materials describing all items to be utilized in the construction of the proposed private sewers or private drains;
(11) as-built drawings for the existing outlet for the proposed private sewers or private drains. If as-built drawings are not available, then a sewer route survey showing the sewer or drain size, type, material, and invert/rim elevations at the manholes shall be submitted;
(12) design calculations for all proposed structures which do not conform to department’s most recent sewer design standards;
(13) copies of all permits or approvals required by federal, state, and other local laws and regulations;
(14) proof of compliance with all legal documentation required by 15 RCNY § 23-03(c) all insurance and security requirements of 15 RCNY § 23-04;
(15) a sworn affidavit executed by the owner of the proposed development stating that he or she has submitted all the required legal documents and affidavits required for final approval of the proposed private sewer or private drain and attesting to the truth and validity of such legal documents and affidavits;
(16) paper prints prepared in accordance with Appendix A-3; and
(17) the department’s review fee for private sewer or private drains in accordance with 15 RCNY § 23-08;
§ 23-07 Standards and Requirements for the Submission and Approval of Private Sewer or Private Drain Construction Permit Applications and Professional Engineer or Registered Architect Construction Supervision.
(a) Private sewer or private drain construction permit applications; when required. Owners with approved private sewer or private drain plans shall submit a private sewer or private drain construction permit application and all the information and documentation required by subdivision (d) of this section at the time of the preconstruction meeting required by subdivision (c) of this section.
(1) Prohibition. No owner proposing to construct a private sewer or private drain may hire a professional engineer or registered architect to supervise the actual construction of a private sewer or private drain without the prior written approval of the department. Once a professional engineer or registered architect is approved by the department, there shall be no change to the owner’s approved professional engineer or registered architect or his or her representative without the prior written approval of the department.
(2) Requirements for approval. The owner shall submit the name, address, resume, and a list of relevant construction supervision work experience of the professional engineer or registered architect selected to supervise the construction of the private sewer or private drain. If the professional engineer or registered architect will not be personally supervising the construction, then the professional engineer or registered architect shall also submit the resume and list of relevant construction supervision work experience of the person(s) in his or her employ who will be supervising the construction.
(3) Standard for approval of professional engineers, registered architects, and their employees. The department shall approve an owner’s proposed professional engineer or registered architect to supervise the actual construction of a private sewer or private drain construction project and any related work, drawing, or plans after the department has determined that the professional engineer or registered architect has either:
(i) previously directly supervised and successfully completed at least two private sewer or private drain construction projects, or two capital sewer construction projects, or
(ii) has worked, with or without a professional license, in a responsible capacity under the direct supervision of a professional engineer or registered architect in connection with all stages of two such projects to their successful completion. The department reserves the right to reject the owner’s professional engineer or registered architect if the department has documented that the professional engineer or registered architect failed to fully comply with the department’s requirements or orders on any previous private sewer or private drain construction project, or on any capital sewer construction project. The department’s approval shall not be unreasonably withheld.
(4) Filing of supervision agreement. After the department’s approval of the owner’s professional engineer or registered architect, the owner shall file a copy of the supervision agreement between the owner and his or her professional engineer or registered architect with the department.
(1) an approved and valid private sewer or private drain plan;
(2) a completed private sewer or private drain construction permit application on a form supplied by the department signed by the applicant and the department;
(3) a street opening permit issued by the city;
(4) a signed and notarized copy of the construction contract between the owner and his or her private sewer or private drain contractor including the contractor’s bid;
(5) an insurance policy complying with the requirements of 15 RCNY §§ 23-03 and 23-04 provided by the owner or his or her contractor and submitted directly by the owner or his or her contractor or their insurance broker to the department’s borough records office;
(6) performance and maintenance bonds posted by the owner or the owner’s contractor in the amount specified on the owner’s approved private sewer or private drain plan;
(7) the signed and notarized agreement between the owner and his or her approved professional engineer or registered architect supervising the construction of private sewer or private drain;
(8) the signed and notarized agreement between owner and his or her contractor;
(9) traffic stipulations issued by the city;
(10) vendor’s list;
(11) pavement restoration requirements issued by the city; and
(12) the private sewer or private drain construction permit application fee.
(1) Commencement of construction. The private sewer or private drain construction permit shall specify a construction start date and time that is mutually acceptable to the department and the approved professional engineer or registered architect.
(2) Assignment of the approved professional engineers, registered architects, or their approved employees at the construction site. The approved professional engineer or registered architect shall maintain full time on-site construction inspection and supervision services at the construction site from the time construction commences to the time of final completion. The approved professional engineer, registered architect, or their approved employees shall telephone the department daily between 8:30 a.m. and 9:00 a.m. to report his or her presence at the construction site and to report on the scheduled work for the day.
(3) Duty to inform the department of construction problems or field changes. The approved professional engineer or registered architect shall promptly report to the department any construction or job related problems or any field changes that arise or are anticipated.
(1) daily construction record book;
(2) professional engineer or registered architect’s record drawings;
(3) water service location sketch;
(4) existing pavements’ sketch;
(5) property damage and accident reports;
(6) line and grade layout and field changes;
(7) summary of laboratory reports;
(8) concrete cylinder summary sheet;
(9) layout and final measurement book;
(10) line and grade stake out;
(11) field changes;
(12) final inspection, measurements, and TV inspection and video taping;
(13) final restoration of pavements;
(14) concrete strength analysis;
(15) tracings-as-built record;
(16) supervision of site connections;
(17) partial approval for site connections; and
(18) completion and acceptance certification.
§ 23-08 Application and Filing Fees.
(a) General requirements. All applications for the review and approval of drainage proposals, private sewer or private drain plans, private sewer or private drain construction permits, and the supervision of construction and material testing shall be accompanied, at the time of submission, with the appropriate filing fee as established by section two of the New York City Water Board's Water and Sewer Rate Schedule as amended from time to time. A copy of the latest fee schedule may be obtained from the department by request.
Appendix A-1 Standards for the Design of Private Sewers or Private Drains
Appendix A-2 Requirements for the Preparation and Submission of Drainage Proposal Plans
Appendix A-3 Requirements for the Preparation of Private Sewer or Private Drain Plans
Appendix A-4 Requirements for Standard Notes on Private Sewer or Private Drain Plans
Appendix A-5 Requirements for Specific Notes on Private Sewer or Private Drain Plans
Appendix A-6 Requirements for the Preparation of the Survey of the Proposed Development and the Location and Route of the Private Sewers or Private Drains
Appendix A-7 Requirements for the Preparation of the Professional Engineer or Registered Architect’s Cost Estimate
Appendix A-8 Requirements for the Preparation of the Boring Logs and Boring Reports
§ 24-01 Authority.
This chapter is promulgated pursuant to §§ 15(e), 1403 and 1404 of the Charter of the City of New York and in accordance with § 11-15 of the Zoning Resolution of the City of New York.
§ 24-02 Applicability.
This chapter shall apply in connection with the environmental review pursuant to City Environmental Quality Review (CEQR) of any Zoning Amendment or Zoning Action subject to review and approval pursuant to §§ 197-c and 197-d of the New York City Charter where one or more tax lots in the area subject to the Zoning Amendment or Zoning Action have been identified by the Lead Agency as likely to be developed as a direct consequence of the action.
§ 24-03 Definitions.
The following definitions shall apply to this chapter, 15 RCNY §§ 24-01 et seq., unless the text specifically indicates otherwise:
Alternate Means of Ventilation. “Alternate Means of Ventilation” means a device that introduces fresh air into a building and thereby allows operable windows to be closed at all times.
CEQR. “CEQR” shall mean the City Environmental Quality Review, Chapter 5 of Title 62 of the Rules of the City of New York.
CEQR Determination. “CEQR Determination” means any of the following, issued by the Lead Agency pursuant to CEQR: a determination that a proposed action is Type II, as defined under the State Environmental Quality Review Act (NYCRR Part 617); a negative declaration or conditional negative declaration for an Environmental Assessment Statement; or a final Environmental Impact Statement with respect to which findings are made, including any technical memoranda with respect to such final Environmental Impact Statement.
CEQR Technical Manual. “CEQR Technical Manual” shall mean the City Environmental Quality Review Technical Manual issued by OEC in May 2010 together with any updates, supplements and revisions thereto.
CHASP. “CHASP” means a site-specific construction health and safety plan developed for remediation and construction phases of a project that is designed to protect on-site workers from exposure to known site contaminants.
City. “City” shall mean the City of New York.
Contamination. “Contamination,” “Contaminated,” or “to Contaminate” shall mean the effect(s) on a tax lot(s) from hazardous materials, hazardous substances, hazardous wastes and/or petroleum.
Day. “Day” shall mean a business day.
dBA. “dBA” means a measure of sound as experienced by the human ear.
DCP. “DCP” shall mean the New York City Department of City Planning.
DEC. “DEC” shall mean the New York State Department of Environmental Conservation.
Decibel. “Decibel” or “dB” means the practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure to the pressure of a reference sound.
Department. “Department” shall mean the New York City Department of Environmental Protection.
Development. “Development”, or “Develop” shall mean:
1. with respect to hazardous materials, the development of a new structure, an enlargement, extension or change of use with respect to an existing structure involving a residential or community facility use, and/or any work on a tax lot(s) that involves soil disturbance, including, but not limited to grading or excavation related to the construction or alteration of a new or existing structure(s) on a tax lot(s), and
2. with respect to air quality and noise, development of a new structure, or a change of use, enlargement, extension or alteration of an existing structure(s) on a tax lot(s).
Development Site. “Development Site” shall mean a tax lot(s) located within the area of a proposed Zoning Amendment or Zoning Action and which is proposed to be developed by the applicant for such Zoning Amendment or Zoning Action or which the Lead Agency has identified pursuant to CEQR as likely to be developed as a direct consequence of the Zoning Amendment or Zoning Action.
DOB. “DOB” shall mean the New York City Department of Buildings.
Equivalent Sound Level. “Equivalent Sound Level” or “Leq” means a quantification of noise level as a single value for a given period of time.
Environmental Assessment Statement. “Environmental Assessment Statement” means a report that describes a proposed development, its location, and a first level analysis of environmental impact areas. Its purpose is to determine a project’s potential effects on the environment.
Environmental Impact Statement. “Environmental Impact Statement” means a report that provides a complete analysis of all appropriate environmental impact areas and provides a means for agencies, project sponsors, and the public to consider a project’s significant adverse environmental impacts, alternatives, and mitigations.
Environmental Restrictive Declaration. “Environmental Restrictive Declaration” means a document recorded against a tax lot(s) in the county office of land records and executed by all Parties-in-Interest to such tax lot(s), setting forth restrictions and enforcement provisions with respect to implementation of environmental requirements regarding hazardous materials, air quality and/or noise arising from the environmental review of zoning actions.
EPA. “EPA” shall mean the United States Environmental Protection Agency.
Full Build Year. “Full Build Year” means the year of completion for the proposed action as indicated in the EAS or EIS.
Hazardous Material. “Hazardous Material” shall mean any material, substance, chemical, element, compound, mixture, solution, product, solid, gas, liquid, waste, byproduct, pollutant, or contaminant which when released into the environment may present a substantial danger to the public health or welfare or the environment, including, but not limited to those classified or regulated as “hazardous” or “toxic” pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 (1995) et seq., the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. §§ 6901 (1995) et seq., the Clean Water Act (CWA), 33 U.S.C. §§ 1251 (1986) et seq., the Clean Air Act (CAA) 42 U.S.C. §§ 7401 (1995) et seq., Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601 (1998) et seq., Transportation of Hazardous Materials Act, 49 U.S.C. §§ 5101 (1997) et seq., the Hazardous Substances Emergency Response Regulations, 15 RCNY Chapter 11, and/or the List of Hazardous Substances, 6 NYCRR Part 597.
Hazardous Waste. “Hazardous Waste” shall mean any waste, solid waste or combination of waste and solid waste listed or regulated as a hazardous waste or characteristic hazardous waste pursuant to RCRA, 42 U.S.C. §§ 6901 (1995), et seq. and/or Identification and Listing of Hazardous Wastes, 6 NYCRR Part 371, et seq.
HVAC. “HVAC” means Heating, Ventilation, and Air Conditioning System.
Installation Report. “Installation Report” means the report that the applicant submits to OER to demonstrate that the Window/Wall Attenuation, Alternate Means of Ventilation, fuel type and stack location approved in the notice to proceed and installed at the site satisfy the Noise and/or Air Quality (E) Designation.
Lead Agency. “Lead Agency” shall mean the agency responsible under CEQR for the conduct of environmental review in connection with a Zoning Amendment or Zoning Action.
Ldn. “Ldn” means the equivalent sound level for a 24-hour period with an additional 10 dB imposed on the equivalent sound levels for night time hours between 10 PM and 7 AM.
Leq(1). “Leq(1)” means the equivalent continuous sound level that over a 1-hour period of time has the same total energy as the actual fluctuating sound level over a 1-hour period.
L10(1). “L10(1)” means the stated sound level that is exceeded 10 percent of the time during a 1 hour period. It is derived from Lx(t), where “x” is the percentage of time that the sound level has been exceeded and “t” is the total period of time that the sound has been recorded.
Noise Descriptor. “Noise Descriptor” means a continuous sound level measured during a noise monitoring test according to an approved Noise Monitoring Protocol. Leq(1), L10(1) and Ldn are Noise Descriptors.
Noise Monitoring Protocol. “Noise Monitoring Protocol” means a document prepared by an acoustical specialist describing the conditions, locations, and Noise Descriptors to be used in assessing existing noise levels during a continuous 24-hour period.
OEC. “OEC” shall mean the New York City Mayor’s Office of Environmental Coordination.
OER. “OER” or “Office” means the New York City Mayor’s Office of Environmental Remediation.
Owner. “Owner” shall mean the person, including his or her successors or assigns, who is the recorded title holder of a tax lot(s).
Parties-in-Interest. “Parties-in-Interest” shall mean any person with an enforceable property interest in a tax lot(s).
Person. “Person” shall mean any individual, trust, firm, corporation, joint stock company, association, partnership, consortium, joint venture, commercial entity or governmental entity.
Petroleum. “Petroleum” shall mean oil or petroleum of any kind and in any form, including, but not limited to oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline and kerosene.
Project Site. “Project Site” shall mean a tax lot(s) that is under the control or ownership of the applicant for the satisfaction and removal of an (E) Designation from the lot(s) and is subject to the proposed Development by such applicant.
Qualified Environmental Professional (QEP). “Qualified environmental professional” (QEP) means a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a property or off-site areas, sufficient to meet the objectives and performance factors for the areas of practice identified by this chapter. Such a person must:
1. Hold a current professional engineer’s or a professional geologist’s license or registration issued by any state, or hold a baccalaureate degree or higher in engineering or geology and have the equivalent of three years of full-time relevant experience in site investigation and remediation of the type detailed in this chapter; or
2. Be a site remediation professional licensed or certified by the federal government, any state or a recognized accrediting agency, to perform investigation or remediation tasks consistent with office guidance, and have the equivalent of three years of full-time relevant experience.
Tax Lot. “Tax Lot” shall mean a tax lot identified by parcel number on the official tax maps of the City of New York.
Window/Wall Attenuation. “Window/Wall Attenuation” means the sound reduction mandated by the Noise (E) Designation, expressed in dBA and based upon the American Society of Testing and Materials (E-1332.90) Outdoor Indoor Transmission Class (OITC) values of individual components of a building’s facade.
Zoning Action. “Zoning Action” means an action, such as a special permit, authorization, certification, or variance, pursuant to the provisions of the Zoning Resolution.
Zoning Amendment. “Zoning Amendment” means a proposed amendment to the text or maps of the Zoning Resolution, subject to review and approval pursuant to §§ 197-c, 197-d and 200 of the New York City Charter.
Zoning Resolution. “Zoning Resolution” shall mean the Zoning Resolution of the City of New York, effective December 15, 1961, as amended from time to time.
§ 24-04 Preliminary Screening.
(1) Incinerators;
(2) Underground and/or above ground storage tanks;
(3) Active solid waste landfills;
(4) Permitted hazardous waste management facilities;
(5) Inactive hazardous waste facilities;
(6) Suspected hazardous waste sites;
(7) Hazardous substance spill locations;
(8) Areas known to contain fill material;
(9) Petroleum spill locations;
(10) Any past use identified in Appendix A to the CEQR Technical Manual.
§ 24-05 Phase I Environmental Site Assessment.
(1) Historical land use review;
(2) Regulatory agency list review; and
(3) Site and surrounding area reconnaissance visit.
§ 24-06 Phase II Environmental Site Assessment.
(1) Complete a Phase II Environmental Site Assessment (Phase II ESA) in accordance with this section to determine the level and extent of contamination at the proposed Project Site; or
(2) Submit to OER historical, regulatory or other evidence that a Phase II ESA is not required for the proposed Development, which OER shall review in accordance with 15 RCNY § 24-09.
(1) A detailed description of the previous and current uses of the Project Site;
(2) A detailed description of the proposed development at the Project Site certified by the registered architect (RA) or professional engineer (PE) of record including:
i. Supporting registered architect or professional engineer certified plans depicting foundation and subsurface utility layouts and depths, grade-level courtyards, landscaped open areas, and other grade-level areas not covered by structures; and
ii. all corresponding DOB permit application numbers.
(3) A description of the development schedule for the Project Site;
(4) Copies of reports of all previous investigations related to the presence or suspected presence of contamination on the Project Site;
(5) A site-specific investigation health and safety plan (HASP), consistent with applicable U.S. Occupational Health and Safety Administration requirements found at 29 C.F.R. § 1910.120, to protect the health and safety of on-site personnel and the surrounding community. The HASP will identify all potential chemicals of concern at the Project Site and include material safety data sheets for each chemical compound group or chemical of concern. As a default, all chemical groups such as volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), pesticides, polychlorinated biphenyls (PCBs), and target analyte list (TAL) metals will be included in the investigation HASP;
(6) The location of all proposed sampling points and sampling depths where applicable for soil, groundwater and soil vapor;
(7) A description of the sampling and analytical methods and other investigative field work that complies with ASTM Phase II reporting requirements or other requirements of OER.
(1) All samples shall be analyzed by a laboratory accredited by the New York State Department of Health Environmental Laboratory Approval Program (ELAP);
(2) Soil and ground water samples must be analyzed for full list VOCs with methyl tertiary butyl ether (MTBE) analyzed by EPA Method 8260B, sSVOCs by EPA Method 8270C, PCBs by EPA Method 8081A, pesticides by EPA method 8082, and TAL metals by EPA Method 6020 at an ELAP-certified laboratory.
(3) Soil gas, sub-slab soil gas, and indoor air samples should be analyzed for VOCs by EPA Method TO-15 at an ELAP-certified laboratory. If ELAP certification is not available, certification by other agencies and/or organizations is recommended. Additional analyses may be warranted if the type of contamination suspected cannot be adequately characterized by these analyses. New York State Department of Health Category B Deliverables are not required to satisfy an (E) Designation.
(4) Toxicity Characteristic Leaching Procedure, Method 1311, as delineated in EPA SW-846, 40 C.F.R. Part 261 and required by OER, or an EPA approved successor method shall be used where appropriate.
(5) Samples from sites on the DEC Registry of Inactive Hazardous Waste Sites shall use a laboratory certified under EPA’s Contract Laboratory Program or DEC’s Analytical Services Program (ASP).
(1) A summary of the findings of all the studies and/or investigations performed;
(2) A description of a site inspection performed by a QEP;
(3) A description of all assessment and investigation techniques in accordance with applicable Federal and State standards, criteria, and guidance and OER templates;
(4) Sampling Results, which shall be presented in summary tables and compared to all relevant State and Federal standards, criteria, and guidance;
(5) Maps of the tax lots (1”=50’) including but not limited to: United States Geological Survey quadrangle map, name of quad and north arrow, on which the following is clearly indicated:
(i) All physical site characteristics with location of all historical features of environmental significance and recognized environmental conditions, including underground storage tanks, vent lines, fill lines, interior floor drains, exterior drywells and other pertinent information; maps of sampling locations and depths for soil, groundwater and soil vapor samples showing chemical analytical results that highlight exceedances of applicable standards, criteria, and guidance; and other pertinent information;
(ii) Groundwater elevation and flow direction of the uppermost aquifer; and
(iii) All identified contamination source areas.
(6) Appendices, which shall include:
(i) All raw data,
(ii) Laboratory methods,
(iii) Chain-of-custody forms,
(iv) A quality assurance/quality control plan, including provisions for blank and duplicate samples and other quality assurance and quality control information as appropriate,
(v) Field notes,
(vi) Soil boring/monitoring well logs prepared under the guidance of a QEP,
(vii) As-built well construction details,
(viii) Modeling programs used,
(ix) Calculations and formulas, and
(x) Physical/chemical properties of chemical compounds of concern.
(7) An assessment, based on findings of the Phase II ESA, of whether or not a Remedial Action Plan is required for the Project Site.
(1) If OER determines that a Remedial Action Plan is not required, OER will issue a notice of no objection to DOB;
(2) If a Remedial Action Plan and CHASP have been submitted, OER will review it in accordance with 15 RCNY §§ 24-07 and 24-09;
(3) If OER determines that a Remedial Action Plan and CHASP are required and a Remedial Action Plan and CHASP has not already been submitted by the applicant, the applicant shall submit a Remedial Action Plan and CHASP for review by OER in accordance with 15 RCNY §§ 24-07 and 24-09.
§ 24-07 Remedial Action Plan.
(1) Before an applicant may receive a building permit from DOB for any Development on a tax lot(s) subject to an (E) Designation or an Environmental Restrictive Declaration, where OER has determined that a Remedial Action Plan is required pursuant to 15 RCNY § 24-06, the applicant shall prepare a Remedial Action Plan and CHASP. The Remedial Action Plan shall address contamination identified in the Phase II ESA Report to the satisfaction of OER, including, but not limited to:
(i) Elevated levels of contaminants pursuant to applicable DEC standards, criteria, and guidance;
(ii) Contaminant source areas;
(iii) The exposure pathways for contamination;
(iv) Environmental exposure to contamination;
(v) Public exposure to contamination;
(vi) Proposed cleanup criteria; and
(vii) Health and Safety of construction workers and the general public during remedial action on the tax lot(s).
(2) In preparing a Remedial Action Plan, the applicant shall use templates provided by OER and consider appropriate remediation techniques, including, but not limited to, those set forth in the CEQR Technical Manual. The Remedial Action Plan shall include a list of all remedial action objectives and explain how the proposed remedial action achieves these objectives.
(3) OER shall review the Remedial Action Plan in accordance with 15 RCNY § 24-09.
(4) In conjunction with its review of the Remedial Action Plan, OER may require the execution of a Declaration of Covenants and Restrictions by the title holder for the tax lot(s) subject to the (E) Designation or the Environmental Restrictive Declaration, which shall be recorded against the property prior to the issuance of a notice of satisfaction.
(i) The Declaration of Covenants and Restrictions shall bind the title holder, or a designee approved by OER to perform the Remedial Action Plan in accordance with its terms, and may include institutional controls, including restrictions on use of the property, and the maintenance of engineering controls, including the implementation of a site management plan for the operation, maintenance, monitoring, inspection, certification, and reporting of engineering controls as required by OER;
(ii) In accordance with the Remedial Action Plan, the Declaration of Covenants and Restrictions may require controls that extend beyond the date of issuance of a temporary certificate of occupancy or a certificate of occupancy for the Project Site;
(iii) The Declaration of Covenants and Restrictions may include a procedure for the periodic reporting to OER of the attainment and maintenance of any requirements contained in the Declaration of Covenants and Restrictions pursuant to this subsection;
(iv) The Declaration of Covenants and Restrictions shall be executed by the title holder of such tax lot(s) and shall be recorded against such tax lot(s) in the applicable county office of land records; and
(v) The Remedial Action Plan must be certified by a QEP or professional engineer, and all engineering controls must be certified by a professional engineer.
(1) Prior to implementation of the Remedial Action Plan, the applicant shallprovide OER with ten (10) days written notice of such planned implementation.
(2) The applicant shall ensure that field oversight of the remedial action is performed by a professional engineer, a QEP, or a trained associate under the direct supervision of a professional engineer or QEP, and that the field oversight of engineering controls is performed by a professional engineer or a trained associate under the direct supervision of a professional engineer.
(3) After OER has reviewed and approved the Remedial Action Plan in accordance with 15 RCNY § 24-09, OER will issue a notice to proceed which authorizes DOB to issue such building permit or permits as are necessary to implement the approved remedial action. In no event, however, shall the applicant receive from DOB a temporary certificate of occupancy or a certificate of occupancy until OER issues a notice of satisfaction pursuant to paragraph (2) of subsection (c) of this section.
(i) If the proposed Development of the tax lot is altered in any way after the Remedial Action Plan is approved and before the remedial action is completed and prior to any Development, OER’s approval of the Remedial Action Plan is invalidated, and the applicant must submit a new or amended Remedial Action Plan for approval or demonstrate to OER that the previously approved Remedial Action Plan is appropriate.
(ii) For a tax lot with a Development that has been altered after the Remedial Action Plan is approved, OER may review the effectiveness of the site’s completed remedial action.
(4) If implementation of an OER-approved Remedial Action Plan does not commence within one year of the date of OER’s approval thereof, such approval and any notice to proceed shall expire.
(i) The applicant may request in writing to extend an OER approval for a Remedial Action Plan not less than thirty (30) days prior to the expiration of such OER approval.
(a) Any written request for an extension shall explain the circumstances for the delay in implementation of the Remedial Action Plan.
(b) OER shall review a written request for an extension by the applicant in accordance with 15 RCNY § 24-09.
(ii) If an approval for a Remedial Action Plan expires, the Applicant shall:
(a) Submit a new Remedial Action Plan for OER review in accordance with 15 RCNY § 24-09; or
(b) Submit a written request for a renewed approval of the expired Remedial Action Plan.
(1) OER will review a new Remedial Action Plan or a request for a renewed approval in accordance with 15 RCNY § 24-09.
(2) OER shall have the right to inspect any tax lot(s) subject to remediation pursuant to this chapter consistent with applicable health and safety regulations, and the applicant shall allow any such inspection by OER.
(3) If DEC approves a remedial action at a tax lot, OER may apply DEC’s approval to satisfy one or more or all of the requirements of this section for approval of a Remedial Action Plan.
(1) Upon the completion of a Remedial Action Plan or written confirmation of completion of a substantially equivalent remediation from New York State, the applicant shall deliver to OER, a Remedial Closure Report in a form satisfactory to OER. If required by OER, a site management plan and proof of recording of a Declaration of Covenants and Restrictions must be included in the Remedial Closure Report.
(i) The Remedial Closure Report must be certified by a QEP or professional engineer.
(ii) All engineering controls employed at a Development Site must be certified by a professional engineer.
(iii) Requirements for monitoring or other measures in the Remedial Action Plan that extend beyond the issuance of a temporary certificate of occupancy or a certificate of occupancy for the Project Site and are included in a Declaration of Covenants and Restrictions in accordance with paragraph (4) of subdivision a of this section, shall not preclude the issuance of a Remedial Closure Report.
(2) Upon OER’s review and approval of the Remedial Closure Report, OER shall issue a notice of satisfaction to the applicant, DOB and DCP within ten (10) days, authorizing DOB to issue a temporary certificate of occupancy or a certificate of occupancy.
(i) The notice of satisfaction shall specify that the environmental requirements relating to the (E) Designation have been satisfied and if applicable, a summary of any requirements for site management or other measures in the Remedial Action Plan that extend beyond the issuance of a temporary certificate of occupancy or a certificate of occupancy for the Project Site have been included in a Declaration of Covenants and Restrictions in accordance with paragraph (4) of subdivision a of this section.
§ 24-08 Removal of (E) Designation Requirements.
§ 24-09 Fees and OER Review and Approval Procedure.
Office of Environmental Remediation 100 Gold Street, 2nd floor New York, NY 10038 Attn. Accounts Receivable
The applicant must include the OER project number and/or project name on the certified check.
(1) Revised submissions will be reviewed by OER as expeditiously as possible;
(2) Upon receipt of all information requested, OER will approve the document, modify the document, or issue comments with respect to the submission within thirty (30) days.
§ 24-10 Notification.
§ 24-11 Lead Agency Records/Agency Consultation.
§ 24-12 Air Quality and Noise (E) Designations.
(1) An Air Quality (E) Designation is placed on Development Sites that are not publicly owned, that have the potential to be developed as a consequence of the Zoning Amendment or Zoning Action, and that have been identified by the environmental review as having the potential to contribute to or experience a significant adverse air quality impact related to HVAC systems emissions or industrial or other source emissions.
(2) A Noise (E) Designation may be placed on tax lots that are not publicly owned, that have the potential to be developed as a consequence of the Zoning Amendment or Zoning Action, and that have been identified by the environmental review as having the potential to experience significant adverse noise impacts.
(1) To address an Air Quality (E) Designation or a Noise (E) Designation, an applicant must submit a Remedial Action Plan to OER.
(2) The Remedial Action Plan must include a certification by a registered architect that all architectural plans and associated specifications and designs, or a certification by a professional engineer that all engineering plans and associated specifications and designs, included in the Remedial Action Plan:
(i) Have been personally developed by the registered architect or professional engineer or under the registered architect’s or professional engineer’s direct supervision; and
(ii) Achieve the requirements mandated by the (E) Designation to achieve protection of public health and the environment.
(3) The certifying professional engineer and/or registered architect must:
(i) Be licensed in the State of New York;
(ii) Affix his/her professional engineer or registered architect stamp to the certification; and
(iii) Include his/her New York State professional engineer/registered architect license number on the certification.
(4) OER will review the Remedial Action Plan to determine if it achieves the specific requirements established for the tax lot by the Lead Agency.
(5) When a Project Site encompasses more than one tax lot, and at least one, but not all, of the lots has an Air Quality or Noise (E) Designation or an Environmental Restrictive Declaration, the environmental requirements will apply to the entire Project Site, unless the applicant demonstrates to OER’s satisfaction that application of the environmental requirements to the entire Project Site is not warranted.
(6) When a Project Site encompasses a portion of a lot which has an Air Quality or Noise (E) Designation or an Environmental Restrictive Declaration, the environmental requirements will apply to all portions of the lot, unless the applicant demonstrates to OER’s satisfaction that application of the environmental requirements to a portion of the Project Site is not warranted.
(7) Modification of Environmental Requirements. When a proposed Development cannot satisfy the Air Quality or Noise (E) Designation for a tax lot(s), the owner of the tax lot(s) may apply to OER for a modification of the environmental requirements as described in a CEQR Determination based upon new information or technology, additional facts or updated standards, as applicable, provided such modifications are equally protective of public health and the environment. With the consent of the Lead Agency, OER may modify the environmental requirements described in a CEQR Determination provided that such modifications are equally protective of public health and the environment. Specific modifications include, but are not limited to:
(i) Placement of an exhaust stack where a tax lot’s dimensions lack sufficient depth to locate the stack according to the (E) Designation requirements.
(a) The applicant must submit a study showing that the proposed stack location is as protective to public health and the environment as required by the (E) Designation. The study must be based on the same level of analysis used in the associated Environmental Assessment Statement or Environmental Impact Statement.
(ii) Modification of a Window/Wall Attenuation mandated by an Noise (E) Designation.
(a) The applicant must conduct a 24-hour noise monitoring test of the lot to record in dBA the Leq(1), L10(1), and the Ldn Noise Descriptors.
(b) The applicant must submit its Noise Monitoring Protocol to OER for review and approval before starting any testing.
(c) Where applicable, the Noise Descriptors must be projected to the Full Build Year of the relevant Zoning Amendment or Zoning Action, according to the same methodology used in the environmental review from which the (E) Designation was assigned.
(d) Following a 24-hour noise monitoring test, the applicant must submit to OER a report summarizing the results of the test and include in its Remedial Action Plan all documents generated by the 24-hour noise monitoring study.
(e) OER will evaluate the test results based on the (E) Designation requirements and the values and guidance found in the CEQR Technical Manual. If the results satisfy the CEQR Technical Manual, OER will agree to modify the Window/Wall Attenuation as described in the lot’s Noise (E) Designation.
(1) After OER has reviewed and approved a Remedial Action Plan for an Air Quality or Noise (E) Designation, OER will issue a notice to proceed recommending that DOB issue the permit necessary for the applicant to carry out the approved remediation. However, the applicant must not accept a temporary certificate of occupancy or a or certificate of occupancy from DOB for any Development until OER issues a notice of no objection authorizing issuance of a temporary certificate of occupancy only or a notice of satisfaction in accordance with subdivision d of this section.
(2) Once the Remedial Action Plan is approved, an applicant must carry out the remediation in its entirety without any omissions, changes, or deviations. Any changes to an approved Remedial Action Plan must be submitted with appropriate documentation to OER for its approval before an applicant implements the changes.
(3) OER has the right to inspect any tax lot(s) subject to remediation according to this section, and the applicant must allow any such inspection by OER.
(1) Following implementation of the OER-approved Remedial Action Plan, the applicant must submit an Installation Report certified by a professional engineer or a registered architect to OER in a form satisfactory to OER.
(2) The Installation Report must document that the remedial activities contained in the OER-approved Remedial Action Plan have been implemented in compliance with the Remedial Action Plan and satisfy the (E) Designation.
(3) Upon review and approval of the certified Installation Report, OER will issue a notice of satisfaction authorizing DOB to issue a certificate of occupancy or, where circumstances warrant, OER will issue a notice of no objection for a temporary certificate of occupancy.
Appendix A List of Facilities, Activities or Conditions Requiring Assessment
Subchapter A: General Provisions
§ 25-01 Definitions.
Best available retrofit technology (BART). “Best available retrofit technology” (BART) shall mean a technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in 15 RCNY § 25-04, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
Commissioner. “Commissioner” shall mean the Commissioner of the New York City Department of Environmental Protection or her designee.
Person. “Person” shall mean any natural person, partnership, firm, company, association, joint stock association, corporation or other legal entity.
Reasonable cost. “Reasonable cost” shall mean that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in 15 RCNY § 25-04, when considering the cost of the strategies, themselves, and the cost of installation.
Sight-seeing bus. “Sight-seeing bus” shall mean a motor vehicle designed to comfortably seat and carry eight or more passengers operating for hire from a fixed point in the city of New York to a place or places of interest or amusements, and shall also include a vehicle, designed as aforesaid which by oral or written contract is let and hired or otherwise engaged for its exclusive use for a specific or special trip or excursion from a starting point within the city of New York.
Subchapter B: Use of Best Available Retrofit Technology
§ 25-02 Best Available Retrofit Technology Determination.
Pursuant to section 24-163.6 of the Code, any diesel fuel-powered sight-seeing bus licensed by the department of consumer affairs and equipped with an engine that is over three years old shall utilize the Best Available Retrofit Technology, as defined in 15 RCNY § 25-01. In making their selections, owners or operators of such buses are directed to consult the EPA and CARB verified lists at http://www.epa.gov/otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/background.htm.
§ 25-03 Motor Vehicles That Are Not Subject to BART.
Any diesel fuel-powered sight-seeing bus that is equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, shall not be required to utilize the BART as defined in 15 RCNY § 25-01.
§ 25-04 Classification Levels.
Level IV Any Diesel Particulate Filter (DPF) or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Level III Any DPF or Diesel Oxidation Catalyst (DOC) or Catalyzed Wire Mesh Filter (CWMF) or other technology or combination of technologies verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 50 and 84 percent.
Level II Any DOC or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 25 and 49 percent.
Level I Any DOC or emulsified diesel fuel or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 20 and 24 percent.
§ 25-05 Selection Process.
(a) For each type of diesel fuel-powered sight-seeing bus subject to the BART requirement, the owner or operator of such sight-seeing bus must identify, in list form, all types of pollution control technology devices verified for such sight-seeing bus at classification Level IV.
§ 25-06 Best Available Retrofit Technology Selection Applicability.
No owner or operator of a sight-seeing bus subject to this chapter shall be required to replace a selected BART or other authorized technology within three years of having first utilized such technology. Furthermore, no owner or operator of such bus shall be required to replace Level IV technology until it has reached the end of its useful life.
Subchapter C: Waiver Procedure
§ 25-07 Application for Waiver and Approval of a Written Finding of Unavail- ability.
(a) An application for a waiver for the use of the required BART shall contain the following information:
(1) Identification of the required BART;
(2) An explanation as to why the applicable BART is unavailable. Such explanation must include all documentation generated in the BART selection process described in 15 RCNY § 25-05;
(3) Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on the EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BART.
(4) The name and contact number of the applicant.
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373 or by email to bartwaivers@dep.nyc.gov
Subchapter A: General Provisions
§ 26-01 Definitions.
Best available retrofit technology. “Best available retrofit technology” shall mean a technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in 15 RCNY § 26-04, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
Commissioner. “Commissioner” shall mean the Commissioner of the New York City Department of Environmental Protection or his or her designee.
Department of education. “Department of education” shall mean the New York city department of education, formerly known as the New York city board of education, and any successor agency or entity thereto, the expenses of which are paid in whole or in part from the city treasury.
Person. “Person” shall mean any natural person, partnership, firm, company, association, joint stock association, corporation or other legal entity.
Reasonable cost. “Reasonable cost” shall mean that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in 15 RCNY § 26-04, when considering the cost of the strategies, themselves, and the cost of installation.
School bus. “School bus” means any vehicle operated pursuant to a school bus contract, designed to transport ten or more children at one time, of the designation “Type C bus” or “Type D bus” as set forth in 17 NYCRR §§ 720.1(Z) and (AA), and used to transport children to or from any school located in the city of New York, and excluding any vehicle utilized primarily to transport children with special educational needs who do not travel to and from school in vehicles used to transport general education students.
School bus contract. “School bus contract” shall mean any agreement between any person and the department of education to transport children on a school bus.
Ultra low sulfur diesel fuel. “Ultra low sulfur diesel fuel” shall mean diesel fuel that has a sulfur content of no more than fifteen parts per million.
Subchapter B: Use of Best Available Retrofit Technology and Ultra Low Sulfur Diesel Fuel
§ 26-02 Best Available Retrofit Technology Determination.
Pursuant to § 24-163.7 of the Code, any diesel fuel-powered school bus used to transport children to and from school located in the City of New York shall utilize the Best Available Retrofit Technology (“BART”), as defined in 15 RCNY § 26-01. In making their selections, persons fulfilling school bus contracts are directed to consult the EPA and CARB verified lists at http://www.epa.gov/otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/background.htm. The persons fulfilling school bus contracts shall select BART for their diesel fuel-powered school buses in accordance with 15 RCNY § 26-05. Such persons shall notify the Department of their selections, and the Department shall make a determination as to whether the BART selected may be utilized for the vehicle, engine and application for which it was selected. The Department shall notify these persons of its determination.
§ 26-03 School Buses That Are Not Subject to BART.
(a) Any diesel fuel-powered school bus that is equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in § 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, shall not be required to utilize the BART as defined in 15 RCNY § 26-01.
§ 26-04 Classification Levels.
Level IV A Closed Crankcase Filtration System in combination with any Diesel Particulate Filter (DPF) or other technology verified for a specific application from either the CARB or EPA verified lists that reduces particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Level III A Closed Crankcase Filtration System in combination with any DPF or Flow Through Filter or combination of technologies verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 50 and 84 percent.
Level II A Closed Crankcase Filtration System in combination with any DOC or Flow Through Filter or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 25 and 49 percent.
Level I A Closed Crankcase Filtration System in combination with any DOC or emulsified diesel fuel or Flow Through Filter or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 20 and 24 percent.
§ 26-05 Selection Process.
(a) For each type of school bus subject to the BART requirement, the person fulfilling a school bus contract must identify, in list form, all types of pollution control technology devices verified for such type of school bus at classification Level IV.
§ 26-06 Best Available Retrofit Technology Selection Applicability.
No person fulfilling a school bus contract shall be required to replace a selected BART within three years of having first utilized such technology. Furthermore, no person fulfilling a school bus contract shall be required to replace Level IV technology until it has reached the end of its useful life.
§ 26-07 Use of Ultra Low Sulfur Diesel Fuel.
All diesel fuel-powered school buses used to transport children to or from any school located in the City of New York must be powered by ultra low sulfur diesel fuel unless the Commissioner has issued a waiver pursuant to subdivision (g) of § 24-163.7 of the Code.
Subchapter C: Waiver Procedures
§ 26-08 Waiver for the Use of BART Based on Written Finding of Unavailability by Department of Education.
(a) If the BART required for a school bus in unavailable, a person fulfilling a school bus contract may apply for a waiver for the use of BART. Such application must be based on a Written Finding of Unavailability by the Department of Education indicating that the BART for the subject school bus is unavailable for purchase. Such application shall also contain the following:
(1) The name of the person fulfilling the school bus contract who is applying for approval of the Written Finding of Unavailability;
(2) The name and identification number of the subject contract, if applicable;
(3) Identification of the school bus that is the subject of the Written Finding of Unavailability;
(4) Identification of the required BART;
(5) An explanation as to why the required BART is unavailable. Such explanation must include all documentation generated in the BART selection process described in this chapter;
(6) Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on the EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BART.
(7) The name and contact number of the applicant.
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373 or by email to bartwaivers@dep.nyc.gov
Subchapter A: General Provisions
§ 27-01 Definitions.
Best available retrofit technology. “Best available retrofit technology” means a technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in 15 RCNY § 27-04, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
City agency. “City agency” means a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
Commissioner. “Commissioner” means the Commissioner of the New York City Department of Environmental Protection or her designee.
Contractor. “Contractor” means any person or entity that enters into a solid waste contract or recyclable materials contract with a city agency, or any person or entity that enters into an agreement with such person or entity, to perform work or provide labor or services related to such solid waste contract or recyclable materials contract.
Motor vehicle. “Motor vehicle” means a vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability.
Nonroad engine. “Nonroad engine” means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section 7411 or section 7521 of title 42 of the United States code, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in the fulfillment of any solid waste contract or recyclable materials contract.
Nonroad vehicle. “Nonroad vehicle” means a vehicle that is powered by a nonroad engine, fifty horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, front loaders, excavators, backhoes, cranes, compressors, generators, bulldozers and similar equipment.
Operate primarily within the city of New York. “Operate primarily within the city of New York” means that greater than fifty percent of the time spent or miles traveled by a motor vehicle or nonroad vehicle during the performance of a solid waste contract or recyclable materials contract occurs within the city of New York.
Person. “Person” means any natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
Reasonable cost. “Reasonable cost” shall mean that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in 15 RCNY § 27-04, when considering the cost of the strategies, themselves, and the cost of installation.
Recyclable materials. “Recyclable materials” means solid waste that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to types of metal, glass, paper, plastic, food waste, tires and yard waste.
Recyclable materials contract. “Recyclable materials contract” means a contract with a city agency, the primary purpose of which is to provide for the handling, transport or disposal of recyclable materials.
Solid waste. “Solid waste” means all materials or substances discarded or rejected as being spent, useless, or worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous forms.
Solid waste contract. “Solid waste contract” means a contract with a city agency, the primary purpose of which is to provide for the handling, transport or disposal of solid waste.
Ultra low sulfur diesel fuel. “Ultra low sulfur diesel fuel” shall mean diesel fuel that has a sulfur content of no more than fifteen parts per million.
Subchapter B: Use of Best Available Retrofit Technology and Ultra Low Sulfur Diesel Fuel
§ 27-02 Best Available Retrofit Technology Requirement.
Pursuant to section 24-163.5 of the Code, any solid waste contract or recyclable materials contract shall specify that all diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of such contract that operate primarily within the City of New York shall use the Best Available Retrofit Technology (“BART”). All contractors in the performance of such contract shall utilize the “BART”, as defined in 15 RCNY § 27-01. In making their selections, contractors are directed to consult the EPA and CARB verified lists at http://www.epa.gov/otaq/retrofit/retroverifiedlist.htm and http://www.arb.ca.gov/diesel/verdev/background.htm.
§ 27-03 Motor Vehicles and Nonroad Vehicles That Are Not Subject to BART.
Any diesel fuel-powered motor vehicle that is equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in section 86.007-11 of title 40 of the code of federal regulations or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, shall not be required to utilize the BART as defined in 15 RCNY § 27-01. Any diesel fuel-powered nonroad vehicle that is equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter for such vehicle as set forth in the Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel; Final Rule as set forth in the federal register at 69 Fed. Reg. 38,958 et seq., or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent shall not be subject to the BART as defined in 15 RCNY § 27-01.
§ 27-04 Classification Levels.
Level 4 A Closed Crankcase Filtration System in combination with any Diesel Particulate Filter (DPF) or other technology verified for a specific application from either the CARB or EPA verified lists that reduces particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Level 3 A Closed Crankcase Filtration System in combination with any DPF or Flow Through Filter or combination of technologies verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 50 and 84 percent.
Level 2 A Closed Crankcase Filtration System in combination with any DOC or Flow Through Filter or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 25 and 49 percent.
Level 1 A Closed Crankcase Filtration System in combination with any DOC or emulsified diesel fuel or Flow Through Filter or other technology verified for a specific application from either the CARB or EPA verified lists that reduces diesel particulate matter emissions by between 20 and 24 percent.
§ 27-05 Selection Process.
(a) For each solid waste or recyclable materials contract that specifies that all diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of such contract that operate primarily within the city of New York shall utilize BART, the contractor operating such vehicle must identify, in list form, all types of pollution control technology devices verified for such vehicle at classification Level 4.
§ 27-06 Best Available Retrofit Technology Selection Applicability.
No contractor shall be required to replace a selected BART within three years of having first utilized such technology. Furthermore, no contractor shall be required to replace Level 4 technology until it has reached the end of its useful life.
§ 27-07 Use of Ultra Low Sulfur Diesel Fuel.
All solid waste or recyclable materials contracts shall specify that diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of such contracts that operate primarily in the City of New York shall be powered by ultra low sulfur diesel fuel (“ULSDF”).
Subchapter C: Waiver Procedures
§ 27-08 Application for Approval of a Written Finding of Unavailability for ULSDF.
(a) Once the solid waste contract or recyclable materials contract has been entered into, the Commissioner may issue a waiver for the use of ULSDF where the city agency that has entered into the contract makes a written finding that a sufficient quantity of ULSDF is unavailable. Any application for approval of a Written Finding of Unavailability for the ULSDF must contain the following information:
(1) The name of the contractor applying for approval of the Written Finding of Unavailability;
(2) The name and identification number of the subject contract;
(3) Identification of the specific diesel-fuel powered vehicle or diesel fuel-powered nonroad vehicle that is the subject of the Written Finding of Unavailability;
(4) An explanation as to why the ULSDF is unavailable.
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373
§ 27-09 Application for Approval of a Written Finding of Unavailability for BART.
(a) If the BART required for a diesel fuel-powered motor vehicle or diesel fuel-powered nonroad vehicle that is subject to a solid waste contract or recyclable materials contract with a city agency is unavailable, and the city agency that has entered into the applicable contract has made a written finding that such technology is unavailable, the city agency may submit a Written Finding of Unavailability for the Commissioner's approval. Any application for approval of a Written Finding of Unavailability for the BART must contain the following information:
(1) The name of the contractor applying for approval of the Written Finding of Unavailability;
(2) The name and identification number of the subject contract;
(3) Identification of the specific diesel-fuel powered vehicle or diesel fuel-powered nonroad vehicle that is the subject of the Written Finding of Unavailability;
(4) Identification of the required BART;
(5) An explanation as to why the BART is unavailable. Such explanation must include all documentation generated in the BART selection process described in this chapter;
(6) Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on the EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BART.
(7) The name and contact number of the applicant.
Director of the Division of Air and Noise Programs, Enforcement and Policy Bureau of Environmental Compliance New York City Department of Environmental Protection 59-17 Junction Blvd. Flushing, NY 11373 or by email to bartwaivers@dep.nyc.gov
§ 28-100 General Construction Noise Mitigation Plan.
In accordance with § 24-219 and § 24-220 of the New York City Noise Control Code, every construction site where construction activities take place shall have, conspicuously posted and filed with the Department of Environmental Protection (DEP), a complete and accurate Construction Noise Mitigation Plan, except such sites that will have emergency work completed within three days or less, shall not be required to file the plan. An after hours variance, pursuant to § 24-223 of the Noise Control Code may be applied for if work is not possible during otherwise allowable hours. Such plan must be readily available for inspection at the construction site. The Construction Noise Mitigation Plan Form is available at: http://www.nyc.gov/html/dep/html/noise/construction-noise.shtml.
§ 28-101 Required Noise Mitigation Measures for General Construction.
§ 28-102 Construction Devices and Activities.
The devices listed in this section require additional noise mitigation. A responsible party using any of these devices shall mitigate the noise by following the rules set forth in this section for the specific device. There are five categories of devices:
1. Pile Drivers. This rule provides noise mitigation strategies that responsible parties shall utilize in order to reduce the noise emissions from pile driving and related equipment. Pile drivers for sheet piles and/or column piles are a common necessity on a construction project. Piles can be used to stabilize trench walls during excavation, create coffer dams to hold back water, or to provide an anchored platform upon which structures can be built. There are two basic types of pile drivers – impact hammers and vibratory drivers. Noise emission levels from pile drivers can vary widely based on the type of driver, the type of pile (steel, concrete, wood), and the underlying ground conditions.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS & MUFFLERS
i. The quietest pile driving method shall be selected that allows the work to be performed based on structural, geotechnical, and pile friction requirements and ground conditions. The following list or their equivalent are acceptable pile-driving methods to the Department: a hydraulic pile pushing system, a vibratory pile driver; a hydraulic impact pile driver; a drop hammer, a diesel impact pile driver.
ii. Hydraulic pushing method pile drivers, including the Ken-Jet Still Worker, the Giken Silent Piler, or the SERF Pilemaster, or equivalent, shall be utilized rather than louder impact or vibratory pile drivers when ground conditions permit such use. Further, such quieter pile drivers shall be utilized whenever a responsible party is working within 100 feet of a receptor.
iii. In accordance with the noise mitigation criteria outlined in 15 RCNY § 28-101(b), an impact pile driver shall be equipped with a well maintained exhaust muffler in order to mitigate the amount of noise escaping out with the diesel exhaust.
iv. The responsible party shall select the type of pile being driven based on structural and/or geotechnical performance requirements. In order of loudness, wooden piles shall be preferred first, followed by concrete piles, and then steel piles.
v. The responsible party shall pre-auger or pre-trench the pile holes to soften the underlying ground, reduce ground resistance, and thus reduce pile driving noise based upon geotechnical conditions at the location. Auger drill rigs may be mounted to the same crane as the pile driver or alternatively, an excavator with a long bucket arm may pre-trench as deep as 25 feet below grade.
vi. A properly secured impact cushion shall be installed on top of piles that are being driven by an impact hammer. Commercially available pile cushions or those fabricated on the job site, out of scrap wood, leather or rubber, may be utilized.
vii. Quieter alternative methods to pile driving, including the use of drilled caissons filled with concrete, or slurry walls dug out initially with a milling machine, shall be used whenever possible, depending on structural and geotechnical performance requirements.
viii. Noise bellows systems such as the IHC Hydrohammer, or an equivalent bellows device, may be used to provide further noise attenuation. Bellows enclosures accompany the pile down to the ground and collapse accordion style as the pile reaches the ground.
ix. When the responsible party uses a vibratory pile driver or a hydraulic impact pile driver as set forth in clause (ii) of this subparagraph and/or noise bellows as set forth in clause (viii) of this subparagraph, between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
x. No violation shall be issued to the responsible party if the bellows in clause (viii) of this subparagraph B or the barriers listed in subparagraph C of this paragraph are adjusted such that the operator can view the end of the hammer for safety purposes.
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater. It shall be positioned as close as possible to the pile driver. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels shall be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material when practicable. A properly balanced canted panel, not susceptible to windy conditions, may be placed on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the pile driver and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual pile driving work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Where applicable, portable noise shields made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be hoisted up into position on the crane’s second cable to form a noise barrier in the direction of sensitive receptors. The shield shall be large enough to completely block the line of sight between the receptors and the pile driver, and shall be lowered to the ground as the pile is being driven in order to maintain the shielding effect. Such portable noise shield shall be utilized when the pile driver is higher than any barrier at the site required under 15 RCNY § 28-101(g).
iv. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form an effective semi-permanent noise barrier. Sufficient space at the site is necessary, as these containers are generally 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in with heavy vinyl noise curtains or similar materials. It should be noted that gaps and spaces are one of the primary contributors to degrading a noise barrier’s performance.
2. Jackhammers/Pavement Breakers. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from jackhammers and pavement breakers. These devices are defined as manually-operated, powered (pneumatic or other) devices, consisting of chisel-hammers or bits used to cut or break through pavement, concrete, or street surfaces. Jackhammers can be very loud as the steel chisel or bit hits the target object.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS & MUFFLERS
i. Quieter makes and models of jackhammers such as the Copco model TEX P90S or equivalent model with an elongated effective muffler casing or bellows measuring a total of greater than 15 inches in length, shall be used whenever practicable.
ii. The quietest jackhammer suitable to perform the given work shall be selected for use. The quieter jackhammers, including the jackhammer specified in clause (i) of this subparagraph or the Chicago Pneumatic CP1240, with a model F-814004 muffler, or equivalent, shall be used when suitable and whenever a responsible party is working in close proximity to receptors, whenever a responsible party is using multiple jackhammers, and whenever jackhammer operations are occurring during after hours as set forth in § 24-223 of the Administrative Code.
iii. In all cases, jackhammers shall be equipped with an effective muffler, provided either from the manufacturer or from an aftermarket vendor, which effectively reduces noise from the exhaust air by about 4 dBA or more. In accordance with 15 RCNY § 28-101(b), an effective muffler shall be properly fitted to the jackhammer to insure against air or noise leakage.
iv. If appropriate to the size of the job, smaller jackhammers shall be used, as they tend to be quieter.
v. When the responsible party uses a device described in clause (i) of this subparagraph between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls for jackhammers or pavement breaker operations within a property line or for long-term work when outside of the property line as specified in 15 RCNY § 28-101(l). However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP. The pathway controls are set forth as follows: jersey barriers, tents, or other portable noise barriers.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater and that shall be positioned as close as possible to the jack hammer. The noise barrier shall be long and tall enough to completely block the line of sight between the jackhammer and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier shall be placed as close to the actual jackhammering work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source. A balanced canted panel, not susceptible to high winds shall be placed, when feasible, on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. Jersey barriers. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels can be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels should be filled-in with noise curtain material, additional plywood, or similar material. All jersey barriers shall comply with the requirements in clause (i) of this subparagraph, including a Sound Transmission Class rating of STC 30 or greater.
iii. Portable noise enclosures.
(a) Portable noise enclosures (so-called “noise tents”) made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, may be built to surround the jackhammer (on the top and 3 sides) and the operator. A properly constructed enclosure, using curtain material with a Sound Transmission Class rating of STC 30 or greater, generally provides a 5 dBA insertion loss. Such barrier shall meet OSHA standards for worker exposure to particulate matter.
(b) The responsible party shall utilize multiple tents for multiple jackhammers. For example, when two jackhammers are being utilized and they cannot fit under the same noise tent, the responsible party shall provide an additional noise tent.
(c) The noise tent shall be moved as the jackhammer work progresses in order to maintain the tent’s ability to block the line of sight between the jackhammer and the receptors.
(d) In accordance with § 24-223 of the Administrative Code, when emergency jackhammering occurs after normal working hours within 500 feet of any residential receptor, the responsible party shall use noise tents with double thick noise curtain material or a noise tent augmented with a portable noise barrier to form a double layer of mitigation. See 15 RCNY § 28-108. Quieter jackhammers and compressor vehicles shall also be utilized during after hours work whenever feasible.
(e) Where there are receptors surrounding the jackhammer work site on all sides, two tents shall be used on either side of the jackhammer to form a complete enclosure as close to the jackhammer as practicable.
3. Hoe Rams. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from hoe rams. Hoe rams, and hoe ram-like devices, are used to cut through roadway pavement or concrete walls and for demolition of large concrete or steel structures. They are typically large hydraulic chisel-hammers attached on the end of a backhoe or excavator arm that can be very loud as the steel chisel hits the target object.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS & MUFFLERS
i. Quieter makes and models of hoe rams, such as the Bosma Hammer-Head or equivalent quieter devices, shall be used whenever feasible, especially near receptors.
ii. The smallest hoe ram necessary shall be selected to perform the task, as smaller devices tend to produce less noise.
iii. A noise shroud enclosure shall be wrapped around the head (i.e. chisel) of the hoe ram whenever working within 200 feet of a receptor. Shrouds may be selected from various manufacturers such as Krupp Industries, Allied Hi-Ram, Montabert, or Rammer Inc. with steel shrouds to attach to the hoe ram head. Alternatively, a shroud may be fabricated on-site by wrapping the chisel head with a heavy vinyl noise curtain material, such as SoundSeal BBC-13-2, or equivalently rated material, and securing it with tie wire.
iv. A skilled hoe ram operator can significantly affect the amount of noise produced during the work. In accordance with 15 RCNY § 28-101(h), responsible party and sub-contractor personnel shall be trained on the proper angle or position when the hoe ram chisel is placed against the work. The operator shall position and operate the device in such a manner as to minimize its noise output. A violation shall only be issued for failure to train the operator as set forth in subdivision (h) of 15 RCNY § 28-101.
v. Alternative methods to hoe ramming concrete, including hydraulic jacks or chemical splitting (use of expansive demolition agents), shall be utilized whenever feasible. For steel demolition, alternative quieter methods may include the use of hydraulic shears and grapples, or the use of torches to cut the steel into more manageable pieces, which can then be trucked off-site for further demolition.
vi. When the responsible party uses specific makes and models as set forth in clause (i) of this subparagraph or a noise shroud as set forth in clause (iii) of this subparagraph, between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, then the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
vii. No violation shall be issued to the responsible party if any of the shrouds in clause (iii) of this subparagraph are adjusted such that the operator can view the end of the bit for safety purposes.
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls below. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater and shall be positioned as close as possible to the hoe ram. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to a overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels can be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels should be filled-in with noise curtain material, additional plywood, or similar material. A balanced canted panel, not susceptible to high winds shall be placed, when feasible, on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the hoe ram and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual hoe ram work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. Sufficient space must be available since containers are generally 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes should be filled-in with heavy vinyl noise curtains or similar material.
iv. Where there are receptors surrounding the hoe ram work site on all sides, several noise barriers shall be used to form a complete enclosure around the hoe ram.
4. Blasting. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from blasting. The controlled use of explosives is occasionally necessary on a construction site, primarily to loosen hard rock ledges or to demolish large concrete structures. This rule does not apply to tunneling activities subject to the regulations set forth in § 24-246 of the Administrative Code.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103.
ii. The necessary and FDNY-regulated use of blasting shall be done in close coordination with the affected public in order to minimize potential disturbance.
B. SOURCE CONTROLS:
i. The smallest appropriate blasting charge possible shall be used in order to minimize blasting noise at its source. The quietest explosive material possible shall also be selected. Relatively slow-burning explosives produce quieter noise emissions as compared to faster-burning explosives.
C. NOISE PATHWAY CONTROLS: BLAST MATS AND BARRIERS
i. Blast mats made of heavy rubber shall be laid over the blast site.
ii. When blasting occurs close to receptors, the responsible party shall construct a portable noise barrier that shall be free from gaps and holes, constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater, and positioned as close as possible to the blast site.
iii. The noise barrier shall be long and tall enough to completely block the line of sight between the blasting and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to a maximum height of 15 feet.
1. Vacuum Excavators. This rule shall provide noise mitigation strategies the responsible party shall utilize when working with a vacuum excavator, or vac-truck. A vac-truck is a vehicle equipped with a low pressure suction hose leading to an on-board storage tank. Vac-trucks are generally used when removing dirt to avoid disrupting underground utility services such as telecommunications cables, water and sewer pipes, gas lines, or electrical cables.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS & SILENCERS
i. Smaller capacity (lower suction) vac-trucks tend to be quieter and shall be used whenever practicable. Listed from the quietest to the loudest order, examples include GapVac, BSI Dewitz, BoVac and Guzzler.
ii. Vac-trucks shall be run in their lower power setting whenever practicable. While suction capacity is reduced with lower engine speeds, there remains adequate suction to perform almost any job.
iii. Several manufacturers do provide silencers on the air intake and exhaust sides of the blower. Heavier duty silencers including Universal, Industrial Acoustics, McGill and Burgess-Manning, or equivalent, shall be used whenever practicable.
iv. The vac-truck’s suction creating component (i.e. blower) shall be covered with a noise-reducing housing or enclosure.
v. When the responsible party uses a specific vac-truck as set forth in clause (i) of this subparagraph and/or silencers specifically set forth in clause (iii) of this subparagraph between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, then the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & CURTAINS. The responsible party shall utilize one of the following pathway controls below. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free of gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30, or greater, and shall be positioned as close as possible to the vac-truck. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels shall be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels should be filled-in with noise curtain material, additional plywood, or similar material. A properly balanced canted panel, not susceptible to windy conditions, may be placed on top of the barrier in order to provide better shielding for multi-story receptors. However, such barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the vac-truck and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual vac-truck work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Portable noise shields made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be used to form a noise barrier in the direction of sensitive receptors and completely block the line of sight between the receptors and vac-truck. Noise curtains are typically made out of a 1/4-inch thick heavy vinyl material, often with a noise absorptive quilt attached to one side. These noise curtains generally weigh 1.5 lbs/sq. ft., have an STC rating of about 32, and come in 4-foot wide sheets complete with grommets and Velcro edges to aid in hanging the curtains and sealing the sheets side-by-side.
iv. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers can be positioned along the edge of the work site to form a semi-permanent noise barrier. Sufficient space at the site is necessary as these containers are typically 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes should be filled-in with heavy vinyl noise curtains or similar materials.
v. Whenever possible, vac-truck exhaust shall be positioned and directed away from receptors.
1. Dump Trucks. This paragraph shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from dump trucks. Dump trucks are commonly used on construction sites in order to deliver construction materials, remove and excavate debris, or transfer materials around the job site. However they can produce loud noises when their tailgates are slammed when dumping a load, when their engines are revved with inadequate exhaust mufflers, when the first shovel-full is dropped into the bed, or due to use of their backup alarms.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS
i. The smallest sized and quietest dump truck that is adequate for a particular job shall be selected.
ii. A bed liner made of thick rubber, spray-on liner, plywood, sand or gravel shall be installed to mitigate the noise of the first load being dropped into the dump truck.
iii. Though not required for use in the United States (U.S.), most U.S. dump truck manufacturers produce quieter models for use in Europe. European Environmental Label (i.e. Blue Angel) low noise emission construction equipment, which is required for import and use in European Union (EU) nations in accordance with Quality Assurance Publication RAL UZ 53 and the Treaty on European Union 992-02-07 Journal C224, shall be used whenever feasible if it meets the U.S. Environmental Protection Agency’s emission requirements and/or regulations. These models are generally 10 dBA quieter than similar equipment used in the U.S.
iv. The positioning of the dump truck shall be carefully selected in order to minimize operation near receptors. Responsible parties shall attempt to reduce the necessity of backing-up by selecting a straight drive-through truck route. If a backup alarm is used, a quieter warning device shall be installed in accordance with 15 RCNY § 28-101(f).
v. The truck shall be equipped with an effective muffler in accordance with 15 RCNY § 28-101(b), which shall be well-maintained to ensure maximum noise reduction.
vi. Slamming a tail gate shall be avoided to the extent possible to prevent unreasonable noise. Alternately, a pad made of heavy rubber, leather or wood, when practicable, shall be used under the tail gate to prevent metal contact.
vii. The engine housing doors shall be kept closed while the engine is in operation.
viii. When the responsible party uses quieter dump truck models as set forth in clause (iii) of this subparagraph, between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & CURTAINS The responsible party shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30, and shall be positioned as close as possible to the vehicle, in order to provide the greatest insertion loss. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels may be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material. A canted panel may be placed on top of the barrier in order to provide better shielding for multi-story receptors; however care must be taken to avoid having the barrier tip over from unbalanced loading. Further, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the dump truck and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier shall be placed as close to the actual dump truck work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be used to form a noise barrier in the direction of sensitive receptors and completely block the line of sight between the receptors and dump truck. It shall also be draped over the dump truck to augment the engine housing and exhaust stack. Noise curtains are typically made out of a 1/4-inch thick heavy vinyl material, often with a noise absorptive quilt attached to one side. These noise curtains generally weigh 1.5 lbs/sq. ft., have an STC rating of about 32, and come in 4-foot wide sheets complete with grommets and Velcro edges to aid in hanging the curtains and sealing the sheets side-by-side.
iv. Conveyor belts shall be used whenever practicable, as they may allow the dump trucks to operate much farther away from receptors.
v. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. Sufficient space at the site is necessary as these containers are generally 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in with heavy vinyl noise curtains or similar material.
1. Cranes. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from cranes. Cranes are an essential piece of equipment on most large construction sites in order to load and unload delivery trucks, lift building materials to required heights, lift excavated materials out of tunnels and for other sub-surface excavations, and move other equipment and personnel around the job site. Cranes come in many varieties and sizes, including tracked or wheeled mobile cranes, fixed or floating derricks, and tower cranes.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS
i. There are various makes and models that are inherently quieter than others. Smaller, quieter cranes, including rubber-tired mobile cranes, shall be used whenever possible based on load lifting requirements.
ii. New modern hydraulic cranes shall be used whenever possible to avoid the squeal produced by cable drum brakes on mechanical cranes.
iii. Though not required for use in the United States, most U.S. crane manufacturers produce quieter models for use in Europe. European Environmental Label (i.e. Blue Angel) low noise emission construction equipment, which is required for import and use in European Union (EU) nations in accordance with Quality Assurance Publication RAL UZ 53 and the Treaty on European Union 992-02-07 Journal C224, shall be used whenever feasible and if it meets the U.S. Environmental Protection Agency’s emission requirements and/or regulations. These cranes are about 10 dBA quieter than similar models sold in the U.S.
iv. The positioning of the crane shall be carefully selected in order to minimize the need to relocate it around the job site. Whenever possible, tower cranes shall be used, as they essentially produce no noise at ground level.
v. The crane shall be equipped with an effective muffler in accordance with 15 RCNY § 28-101(b), which shall be well maintained to ensure maximum noise reduction.
vi. When the responsible party uses new modern hydraulic cranes as set forth in clause (ii) of this subparagraph and/or additional source controls set forth in clause (iii) of this subparagraph, between the hours of 7:00 a.m. to 6:00 p.m. on weekdays, the responsible party need not utilize additional pathway controls listed in subparagraph C of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & CURTAINS The responsible party shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater, and shall be positioned as close as possible to the crane. A portable (i.e. unanchored) noise barrier can be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels shall be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material. A properly balanced canted panel, not susceptible to windy conditions, may be placed on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the crane and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier shall be placed as close to the actual crane work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Portable noise shields made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be used to form a noise barrier in the direction of sensitive receptors and completely block the line of sight between the receptors and crane. Noise curtains are typically made out of a 1/4-inch thick heavy vinyl material, often with a noise absorptive quilt attached to one side. These noise curtains generally weigh 1.5 lbs/sq. ft., have an STC rating of about 32, and come in 4-foot wide sheets complete with grommets and Velcro edges to aid in hanging the curtains and sealing the sheets side-by-side.
iv. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. Sufficient space at the site is necessary as these containers are generally 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in with heavy vinyl noise curtains or similar material.
2. Auger Drill Rigs. This rule shall provide mitigation strategies the responsible party shall utilize when using auger drill rigs. Auger drill rigs are typically mounted to cranes or they can be built as dedicated machines as well. Auger drill rigs are used to drill shafts into the ground, which are then filled with cement form concrete piles, to loosen underlying soil and allow solid piles to be driven more easily, or used in multiple configuration to “mix” grout into the soil and change the soil’s properties (i.e. strengthen it and reduce its water content).
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS & SILENCERS
i. The auger drill rig or crane shall be equipped with an effective muffler in accordance with 15 RCNY § 28-101(b), which shall be well- maintained to ensure maximum noise reduction.
ii. All moving parts shall be well lubricated for proper drilling performance and to avoid unnecessary noise from squeaking parts.
iii. Debris on the drill bit shall be removed without quick twisting, jerking or hammering the bit, unless geotechnical conditions at the location so require. Alternative quieter methods include use of a high pressure water hose where debris is not contaminated or a laborer using a hand shovel.
C. PATHWAY CONTROLS: NOISE BARRIERS & CURTAINS The responsible party shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30, or greater, and shall be positioned as close as possible to the auger drill rig. A portable (i.e. unanchored) noise barrier may be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels shall be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material. A properly balanced canted panel, not susceptible to windy conditions, may be placed on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the auger drill rig and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual auger drill rig work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be used to form a noise barrier in the direction of sensitive receptors and completely block the line of sight between the receptors and auger drill rig. Noise curtains are typically made out of a 1/4-inch thick heavy vinyl material, often with a noise absorptive quilt attached to one side. These noise curtains generally weigh 1.5 lbs/sq. ft., have an STC rating of about 32, and come in 4-foot wide sheets complete with grommets and Velcro edges to aid in hanging the curtains and sealing the sheets side-by-side.
iv. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. Sufficient space at the site is necessary as these containers are generally 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in with heavy vinyl noise curtains or similar material.
3. Street Plates. In addition to the Department of Transportation rules set forth in 34 RCNY § 2-11(10), the responsible party shall follow one or more of the following methods to reduce noise emissions from loose or rattling street plates.
A. SOURCE CONTROLS:
i. The street plates shall be installed in the street surface in accordance with 34 RCNY § 2-11(10) in order to have a level and smooth transition from pavement to plate surface and to keep the plates firmly in place.
ii. Asphalt cold-patch shall be applied when feasible around the edges of the street plate to minimize vehicular tire impact on the plate and to help keep the plate in place.
B. NOISE PATHWAY CONTROLS:
i. Whenever feasible, traffic shall be routed around the street plates by placing traffic cones, barrels, and/or warning tape around the plated area.
4. Backup Alarms. In accordance with 15 RCNY § 28-101(f), all existing vehicles that enter a work site shall be equipped with OSHA-approved, and OEM manufacturer-approved (if necessary), quieter backup alarms by January 1, 2008. All new vehicles that enter the work site shall be equipped with OSHA-approved quieter backup alarms by January 1, 2008. All on-road vehicles that do not enter the work site, but are in operation after hours pursuant to 15 RCNY § 28-103, shall also be equipped with OSHA-approved, and OEM manufacturer-approved (if necessary), quieter backup alarms by January 1, 2008. The work site referenced in this paragraph shall mean construction sites within the property line. Subparagraph A of this paragraph contains a list of quieter OSHA-approved backup alarms pursuant to OSHA Regulations, 29 C.F.R. Part 1926, Subpart “O”, 1926.601.b.4 and 1926.602.a.9. If the responsible party cannot reasonably comply with the requirements of this paragraph, such person shall file an Alternative Noise Mitigation Plan in accordance with 15 RCNY § 28-104.
A. SOURCE CONTROLS: QUIETER MAKES & MODELS
i. Quieter alarms or similar backup devices that meet OSHA requirements may be selected from the list below or from equivalent quieter alarms.
(a) Examples of manually-adjustable backup alarms include:
• Preco Model 45AA
• Ecco Model 820
(b) Examples of automatically-adjustable backup alarms include:
• Preco Model 1048
• Ecco Model SA907
• Grote Model 73100
(c) Examples of community sensitive backup alarms include:
• BBS-TEK Brigade Model BBS-92
ii. When the responsible party uses quieter backup alarms as described in clause (i) of this subparagraph, the responsible party need not utilize additional pathway controls listed in subparagraph B of this paragraph, unless the responsible party is performing work within 35 feet of an indoor receptor and with the exception of any required perimeter barriers as specified in 15 RCNY § 28-101(g).
B. NOISE PATHWAY CONTROLS. If it is not feasible to select one of the OSHA-approved alarms in subparagraph A of this paragraph, responsible parties shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. Responsible parties shall attempt to reduce the necessity of backing-up by selecting a straight drive-through truck route.
ii. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater. It shall be positioned as close as possible to the vehicle, in order to provide the greatest insertion loss. A portable (i.e. unanchored) noise barrier may be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels may be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material. A canted panel may also be built on top of the barrier in order to provide better shielding for multi-story receptors; however care must be taken to avoid having the barrier tip over from unbalanced loading. Further, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
iii. The noise barrier shall be long and tall enough to completely block the line of sight between the backup alarm and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier should be placed as close to the actual backup alarm as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iv. Alternative barriers may be utilized in accordance with site specification. Conex containers are likely already available to the responsible party. For example, where sufficient work site space exists, container (Conex) boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. These containers are typically 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in with heavy vinyl noise curtains or similar material.
1. Concrete Saws. This rule shall provide noise mitigation strategies that the responsible party shall utilize in order to reduce the noise emissions from concrete saws. Concrete saws are used on construction projects primarily for demolition purposes, but can also be used for opening access holes, cutting stress relief channels, and finishing off new construction.
A. GENERAL RULES OF OPERATION
i. The hours of operation shall be in accordance with the rules as set forth in 15 RCNY § 28-103.
B. SOURCE CONTROLS: QUIETER MODELS
i. Smaller saws shall be used, based on the power and cutting depth necessary to perform the job, as they tend to be quieter.
ii. A quieter-type saw blade, including a grinding saw blade or one made of ceramic or special-tipped cutting teeth, shall be chosen whenever practicable.
C. NOISE PATHWAY CONTROLS: NOISE BARRIERS & ENCLOSURES. The responsible party shall utilize one of the following pathway controls. However, if the Department receives noise complaints concerning the site, the responsible party shall utilize additional pathway controls listed in this subparagraph as required by DEP.
i. The responsible party shall construct a portable noise barrier that shall be free from gaps and holes and constructed of a sufficiently massive material to achieve a Sound Transmission Class rating of STC 30 or greater, and is positioned as close as possible to the saw. A portable (i.e. unanchored) noise barrier may be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels shall be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent panels shall be filled-in with noise curtain material, additional plywood, or similar material. A properly balanced canted panel, not susceptible to windy conditions, may be placed on top of the barrier in order to provide better shielding for multi-story receptors. However, said barrier’s height shall not exceed 15 feet including the balanced canted portion.
ii. The noise barrier shall be long and tall enough to completely block the line of sight between the saw and any indoor receptor within 200 feet and that is a maximum of 20 feet above grade level, when work occurs. The barrier shall be placed as close to the actual saw work as feasible. Greater noise attenuation occurs when barriers are placed as close as possible to the noise source.
iii. Portable noise enclosures made of steel frames wrapped with noise curtain material, such as SoundSeal model BBC-13-2, or equivalently rated material, shall be built to surround (top and 3 sides) the concrete saw and the operator. A well made enclosure, using curtain material with a Sound Transmission Class rating of STC 30 or greater, can generally provide a 5 dBA insertion loss providing there are no gaps in the enclosure. Noise tents may be reused at other sites with proper care and maintenance.
iv. There shall be multiple tents for multiple concrete saws. For example, when two saws are being utilized and they cannot fit under the same noise tent, the responsible party shall provide an additional noise tent.
v. The noise tent shall be moved as the concrete saw work progresses in order to maintain the tent’s ability to block the line-of-sight between the saw and the receptors.
vi. Emergency concrete sawing that occurs on any public right-of-way after normal working hours as set forth in 15 RCNY § 28-103, within 500 feet of any residential receptor, shall require noise tents with double-thick noise curtain material, or a noise tent augmented with a portable noise barrier to form a double layer of mitigation.
vii. Where there are receptors surrounding the concrete saw work site on all sides, two tents shall be used whenever practicable, on either side of the saw, to form a complete enclosure.
§ 28-103 Authorized Work Hours.
§ 28-104 Alternative Noise Mitigation Plan.
When required by § 24-221 of the Administrative Code or this chapter, a complete and accurate Alternative Noise Mitigation Plan shall be filed with DEP in accordance with § 24-221 of such Code. If and when approved by DEP, such plan shall be conspicuously posted at the job site. When an Alternative Noise Mitigation Plan is required, no construction activities shall take place until said plan is filed with and approved by DEP. The Alternative Noise Mitigation Plan Form is available at: http://www.nyc.gov/dep or at DEP’s Offices at:
New York City Department of Environmental Protection Bureau of Environmental Compliance, 9th Floor 59-17 Junction Blvd. Flushing, NY 11373
§ 28-105 Utility Noise Mitigation Plan.
Pursuant to § 24-219 and § 24-220 of the Administrative Code, every authorized publicly franchised New York City utility company that provides gas, electric, steam and telecommunication services, except when emergency work will be performed in three days or less, shall have conspicuously posted, a complete and accurate Utility Noise Mitigation Plan at all sites where construction activities take place. A generic plan per borough may be used to satisfy the filing and posting requirement, provided such plan is posted and filed with the department and otherwise complies with the requirements for a Utility Noise Mitigation Plan. Although the plan need not be filed with DEP, it shall be readily available for inspection should a complaint be filed or during a routine inspection. The Utility Noise Mitigation Plan Form is available at: http://www.nyc.gov/html/dep/html/noise/construction-noise.shtml.
§ 28-106 Required Noise Mitigation Measures for Utilities.
§ 28-107 Perimeter Noise Barriers.
1. the barrier breaks the line-of-sight between the noise source and indoor receptors within 200 feet and a maximum of 20 feet above grade level where practicable; however, said barrier’s height shall not exceed 15 feet, including the balanced canted portion;
2. the barrier is made of a material sufficiently resistant to noise in accordance with subdivision e of this section; and
3. there are no leaks or gaps that will allow noise to pass through the barrier.
1. Semi-permanent noise barriers are barriers that, due to their height, will require some form of anchoring system. Typically, semi-permanent barriers are intended for long term continuous use. Thus they are built out of materials suitable to withstand weather conditions for several years. Materials such as tongue and groove wooden timbers, vertical I-beam posts and lagging, or precast concrete panels, serve very well as semi-permanent noise barriers. Being anchored, semi-permanent barriers can easily extend to heights of 15 feet and must be in accordance with DOB and FDNY rules and regulations.
2. Where practicable, the responsible party shall build a pitched panel on top of the barrier in order to provide better shielding for multi-story receptor buildings, however care must be taken to avoid having the barrier tip over from unbalanced loading.
3. Alternative barriers may be utilized in accordance with site-specific conditions. For example, shipping container (Conex) boxes are likely already available to the responsible party. For example, where work site space permits, these container boxes or truck trailers may be positioned along the edge of the work site to form a semi-permanent noise barrier. These containers are typically 8 feet wide by 8 feet tall and can be double-stacked to form a noise barrier 16 feet in height. The gaps between and/or under container boxes shall be filled-in to avoid having noise flank around or under the container boxes.
4. There are also several product vendors that design and manufacture noise barrier materials and barrier systems. These special purpose products are available in various colors and materials including wood, plastic, Plexiglas, precast concrete or steel panels. They are available with or without anchoring systems, as needed.
§ 28-108 Temporary or Portable Noise Barriers.
i. Temporary or portable noise barriers, where required, may be made, for example, of concrete jersey bases with 3/4-inch plywood panels attached to fence posts extending upwards to an overall height of 15 feet and must be in accordance with DOB and FDNY rules and regulations. This shall be the maximum height for a free-standing barrier in order to avoid it tipping over from wind load. Multiple jersey bases and plywood panels may be positioned adjacent to one another to form a barrier of any desired length. The gaps between adjacent sections shall be filled-in to form a continuous solid barrier surface.
ii. Wherever practicable, a pitched panel shall be built on top of the barrier in order to provide better shielding for multi-story receptor buildings; however care must be taken to avoid having the barrier tip over from unbalanced loading. Further, the barrier shall not exceed 15 feet in height including the pitched panel.
i. Noise curtains shall be made of a 1/4-inch thick heavy vinyl material, with a noise absorptive quilt attached to one side (the side facing the noise source).
ii. Noise control curtains shall have a Sound Transmission Class (STC) rating of STC 30 or greater, based on sound transmission loss data according to ASTM Test Method E90. The noise absorptive face of the curtains shall have a Noise Reduction Coefficient (NRC) rating of 0.85 or greater, based on sound absorption coefficient data taken according to ASTM Test Method C423.
iii. Noise curtains of this sort, such as SoundSeal model BBC-13-2, or equivalently rated material, generally weigh about 1.5 lbs/sq. ft. They come in 4-foot wide sheets complete with grommets and Velcro edges to aid in hanging the curtains and sealing the sheets side-by-side.
i. Noise curtain material may be attached to a metal frame to form a portable enclosure (known as a “noise tent”). The noise tent shall have noise curtain material attached on three sides and on top of the frame, with the remaining side of the frame left open for work access and ventilation.
ii. A frame size of 8 feet tall by 6 feet wide by 6 feet deep shall allow the tent to be positioned over small noise sources, such as pumps, generators or compressors. The tent may also be used to cover a laborer using hand-held power tools, such as jackhammers, saws or grinders. Caster wheels may be placed under the frame for mobility, or the tent may be picked up and moved with the arm of a backhoe, for example.
§ 28-109 Definitions.
For the purpose of this chapter, the meaning of terms shall be as follows (unless the context specifically indicates otherwise):
ASTM. “ASTM” shall mean ASTM International, the international standards organization.
Canted Panel. “Canted Panel” shall mean a tilted panel of noise mitigation material that extends a noise barrier to protect upper floor receptors from noise sources.
Insertion Loss. “Insertion Loss” shall mean the reduction in noise level at the receptor’s location attributable to the introduction of a noise barrier, muffler, or other mitigation measure.
Jersey Bases. “Jersey Bases,” also known as concrete traffic dividers or jersey barriers, shall mean movable concrete bases used in construction that can accommodate fencing poles to which noise curtain material can be attached.
Noise absorptive quilt. “Noise absorptive quilt” shall mean padded light-weight porous material sewn together into a quilt-like pattern and then attached to one side of a vinyl sheet.
Noise Barrier. “Noise Barrier” shall mean a structure used for the purpose of placing near a noise source to reduce the noise level measurable at a receptor location. This can consist of noise resistant materials such as plywood, timbers, trailer containers, or noise curtains.
Noise curtain. “Noise curtain” shall mean noise control product comprised of (typically) 1/4-inch thick vinyl sheet, to act as a noise resistant material, with some noise absorptive quilt material attached on one side of the vinyl as well.
Noise Pathway Controls. “Noise Pathway Controls” shall mean noise mitigation techniques placed between the source of noise and the receptor.
Noise-resistant material. “Noise-resistant material” shall mean material that has sufficient mass and stiffness to resist noise from transmitting through the material.
Receptor. “Receptor,” also known as receiving property, shall mean real property, including but not limited to buildings, grounds, offices and dwelling units, from which sound levels from sound sources outside such property may be measured.
Responsible party. “Responsible party” shall mean, with respect to any activity regulated or covered by these rules, the owner of the premises on or where such activity occurs, and any agent of the owner engaged in such activity or any participant in such activity, including contractors and subcontractors. Any agency of the City of New York may also be a responsible party.
Sound Transmission Class (STC). The “Sound Transmission Class”, or “STC rating”, shall mean a single index number used to describe a solid panel or material’s ability to prevent noise from transferring directly through it. Determination of a material’s STC is done in accordance with ASTM Test Method E90.
§ 28-110 Interior Renovation Work Noise Measures.
Pursuant to Administrative Code § 24-219(a)(6), the responsible party performing interior renovation work, defined as work within an existing building, must utilize noise mitigation strategies and techniques to reduce noise from such interior renovation work. Construction activities that have a minimal noise impact as set forth in 15 RCNY§ 30-102 shall not be required to utilize the interior renovation work noise measures set forth below provided such activities do not exceed the decibel levels set forth in § 24-228 of the New York City Noise Control Code. The form for the Interior Noise Mitigation Plan is available at http://www.nyc.gov/html/dep/html/noise/construction-noise.shtml and shall be filed and kept on site.
1. Noise Barriers.
A. Acceptable examples include but are not limited to:
• Carsonite Sound Barrier www.carsonite.com • Sound Fighter LSE Sound Barrier www.soundfighter.com • Kinetics Noise Block www.kineticsnoise.com • one inch plywood rated at 30 STC
B. Place noise curtains on the walls of rooms where noisy operations are being performed. Acceptable examples include but are not limited to:
• Sound Seal BBC-13-2 www.soundseal.com • Illbruck Acoustic SONEX Curtain www.illbruck-sonex.com • McGill AirSilence Fibersorb Curtains www.mcgillairsilence.com • Acoustiblok, Acoustiblok-Wallcover www.acoustiblok.com • AcoustiGuard, GenieClip, Mass Loaded Vinyl, Barrer Material, Iso-sill www.acoustiguard.com • Kinetics Model ICC, KSCH, IsoGrid, IsoMax, PSB,Wallmat, IPRB www.kinetcsnoie.com • any equivalent curtain that meets the applicable decibel level set forth in § 24-228 of the New York City Noise Control Code
C. Floor Sound Isolation. Acceptable examples include but are not limited to:
• Acoustiblok, Acoustiwool, Acoustipad www.acoustiblok.com • AcoustiGuard, OT 4005& 4010, Duraoustic, Barrier Material, Iso Sep 25HD www.kineticsnoise.com • Kinetics, Model RIM, SR Floorboard, Soundmatt, FC Isolayment BR www.kineticsnoise.com
2. Tools.
A. Drills. The responsible party should select drills with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Milwaukee | 0302-20 |
| Milwaukee | 0299-20 |
| Milwaukee | 0300-20 |
| Makita | 6303H |
| Hitachi | D10VH |
| Makita | 6408 |
~
B. Circular Saws. The responsible party should select saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Porter Cable | 345 |
| Milwaukee | 6370-20 |
| Porter Cable | 314 |
| Makita | 5277NB |
| Makita | 5057KB |
| Hitachi | C7SB2 |
| Porter Cable | 743 |
| Bosch | CS20 |
~
C. Portable Generators. The responsible party should select models with the lowest levels (dBA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Honda | EU3000isAN |
| Honda | EU1000iAN |
| Honda | EU2000 series |
| Honda | EU6500isA |
~
D. Orbital Sanders. The responsible party should select orbital sanders with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Black and Decker | MS500K |
| Black and Decker | MS550GB |
~
E. Power Screw Drivers. The responsible party should select power screw drivers with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Hitachi | W6V3 |
| DeWalt | DW272 |
~
F. Reciprocating Saws. The responsible party should select reciprocating saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| DeWalt | DW309K |
| Milwaukee | 6519-22 |
| Milwaukee | 6509-22 |
| Milwaukee | 6524-21 |
~
G. Miter Saws. The responsible party should select miter saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Delta | MS250 |
| Hitachi | C10FCE |
| DeWalt | DW706 |
~
H. Grinders. The responsible party should select grinders with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Ryobi | AG401 |
| Ryobi | AG451 |
| Hitachi | G12SR2 |
| Ridgid | R1000 |
| Milwaukee | 6148-6 |
| DeWalt | DW402 |
| Bosch | 1700A |
~
I. Jig Saws. The responsible party should select jig saws with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Skil | 4380 |
| Milwaukee | 6266-22 |
| Black and Decker | JS600 |
~
J. Hammer Drills. The responsible party should select hammer drills with the lowest loaded A-weighted sound power level (SWLA) that meet their needs. Acceptable examples include but are not limited to:
| Manufacturer brand name | Model number |
|---|---|
| Hitachi | DH24PE |
| DeWalt | D25103 |
| Bosch | 11224VSR |
| DeWalt | DW505 |
~
K. The responsible party must consult the Federal CDC NIOSH power tools database to ensure that no quieter tools are available. If any of the tools set forth in subparagraphs A through J of this paragraph have been discontinued, the responsible party must contact the manufacturer to obtain the model number for any available newer model that has an equivalent or lower decibel level. If a tool is selected that is not on the DEP approved list, the tool must be rated to the same sound reduction or be certified to a lower decibel level than the tool cited in each applicable section.
§ 29-100 Definitions.
As used in this Chapter, the following terms shall have the following meanings:
§ 29-101 Noise Consultants.
(1) A licensed New York State professional engineer possessing at least two years of experience measuring sound levels utilizing the ANSI standards. At least one year of such experience shall have been performed within the City of New York, and such experience shall include developing or proposing sound mitigation measures for buildings and noise-producing equipment.
(2) A person possessing a Bachelor of Science degree or a Bachelor of Engineering degree from an accredited college or university with at least four years of experience measuring sound levels utilizing the ANSI standards. Two of such four years of experience shall have been performed within the City of New York, and such experience shall include developing or proposing sound mitigation measures for buildings and noise-producing equipment.
(3) A person possessing ten years of experience measuring sound levels utilizing the ANSI standards. Five years of such experience shall have been performed within the City of New York, and such experience shall include developing or proposing sound mitigation measures for buildings and noise-producing equipment.
§ 29-102 Certification to the Department.
(1) A certification that the commercial music establishment is in compliance with the sound levels set forth in subdivision a of § 24-231 of the Code at the establishment’s maximum decibel musical performance level.
(2) A description of all permanent improvements and modifications made at such commercial music establishment to achieve compliance with such sound levels, including but not limited to, the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials, and diagrams of such work, together with copies of all bills and receipts for such work, and;
(3) All sound level measurements taken at a location within the two closest receiving properties abutting the establishment and/or in a location specified by the Department. Should there be difficulty gaining entry to any abutting location, DEP shall be informed and DEP will set an alternate location. All such measurements shall be performed by a Noise Consultant. Such measurements shall be in accordance with the ANSI standards in § 24-231 of the Code, and shall be taken using an ANSI meter operating in the A and/or C weighted scales and/or third octave bands.
(4) A description of the method by which the maximum allowable amplified sound level in the A and/or C weighted scales and/or third octave bands shall be permanently set within the commercial music establishment.
§ 29-103 Application for a Variance From the Decibel Limits for Commercial Music Establishments and Enterprises.
(1) the commercial music establishment or music enterprise was in existence and was operating at the same location prior to the date of enactment of § 24-231 of the Code; and
(2) the owner of the subject commercial music establishment or enterprise submits sufficient evidence or data to the Department showing that strict compliance with such decibel levels would cause practical difficulties or unnecessary hardship due to the physical condition of the premises or zoning district conditions, including irregularity in lot size characteristics and zoning changes. Such evidence or data shall be submitted in accordance with subdivision b of this section.
(1) Applications for a variance shall be submitted on forms provided by the Department and shall contain the information required by this section as well as any other documentation requested by the Department to verify the eligibility of the subject commercial music establishment or enterprise for a variance under the law.
(2) An application for a variance must include decibel measurements demonstrating that such establishment or enterprise is currently in compliance with the decibel limits that were previously set forth in § 24-241.1 of the prior Code.
(3) An application for a variance must include a written report to the Department certified by a Noise Consultant retained by the applicant and acceptable to the Department. Such report shall include, but not necessarily be limited to, the following information and documentation:
i. A certification that strict compliance by the subject commercial music establishment or enterprise with the decibel levels in subdivision a of § 24-231 of the Code will result in a substantial hardship due to site conditions or limitations.
ii. A description of all proposed permanent improvements and modifications to be performed upon the subject commercial music establishment or enterprise to meet the intent of § 24-231 of the Code to practically minimize noise emanating from the location. Such description shall include an estimate of the cost of such improvements and a timetable for their completion.
iii. All sound level measurements taken at locations within the two closest receiving properties abutting the establishment and/or in alternative locations specified by the Department. All reported measurements shall be performed in accordance with ANSI standards as indicated in § 24-231 of the Code and using an ANSI compliant meter operating in the A and/or C weighted scales and/or third octave bands.
iv. A description of the method by which the maximum allowable amplified sound level shall be permanently set within the subject commercial music establishment or enterprise. The sound levels shall be measured in the A and/or C weighted scales and/or third octave bands.
(4) An application for a variance must also include competent evidence, in a form acceptable to the Department, that 51% of the outstanding shares as of the date of such application are held by the same person or persons who owned the entity as of the date of enactment of the Noise Code, December 29, 2005. If the subject entity is a corporation, such evidence shall include, at a minimum, corporate records, certified in a manner acceptable to the Department, demonstrating that at least 51% of the voting securities of such entity were owned as of the date of such application by the same person or persons owning at least 51% of such voting securities as of December 29, 2005.
(1) A variance granted under this section to an applicant/owner of a commercial music establishment or enterprise shall be a one-time variance only.
(2) A variance granted under this section shall only be applicable to the business for which it is issued, and shall not be transferable to a new owner in accordance with subdivision d of § 24-231 of the Code and paragraph (4) of subdivision b of this section. Any change in ownership, as defined in paragraph (4) of subdivision b of this section, of a commercial establishment or enterprise, shall automatically void the variance. A change in the size or location of the commercial establishment or enterprise, or a change in the type of business shall also negate the variance.
(3) A change in the size or location of the music establishment or enterprise from its original size or original location prior to the enactment of § 24-231 of the Code shall negate any right of the establishment to apply for a variance.
(4) In granting a variance, the Commissioner may impose such terms and conditions as he or she deems necessary to carry out the intent of § 24-231 of the Code to minimize noise emissions from the location. Violation of the conditions of any variance shall be deemed to be a violation of subdivision d of § 24-231 of the Code.
§ 30-101 Definitions.
(a) "DEP" shall mean the New York City Department of Environmental Preservation.
§ 30-102 Minimal Noise Impact Construction Activities.
(a) Pursuant to § 24-223(e)(4) of the New York City Administrative Code, the activities listed in this section shall constitute the list of construction activities with minimal noise impact and the mitigation measures applicable to such activities. The activities listed herein are not intended to impede or supersede the authority for Department of Buildings and Department of Transportation authorization that otherwise exists in the New York City Administrative Code.
1. Taping of dry wall without the use of power tools.
2. Paint application without power tools and without removal of existing material from the surface.
3. Caulking, without removal of existing material from the surface and without the use of power tools.
4. Interior plastering or spackling without removal of existing material from the surface.
5. Carpeting without the use of power tools.
6. Flash patching walls and floors without removal of existing material from the surface and without the use of power tools for the J3 occupancy group only.
7. Gluing interior moldings without the use of power tools.
8. Landscaping within the premise property line and without power tools and as further restricted pursuant to § 24-242 of the New York City Administrative Code.
9. Interior cleanup without power tools and without removing attached surface and wall material.
1. Installation of roofing membrane without the use of power tools; and
2. Insulation of non-structural and non-demolition activities without the use of power tools.
1. All windows and doors shall be tightly sealed; and
2. Any openings to the outdoors that allow the external emission of noise are prohibited; and
3. Such work entails only non-structural and non-demolition construction activities as those activities are defined by the Department of Buildings or the Department of Transportation, as applicable.
1. Windows and doors shall be tightly sealed and;
2. Any openings to the outdoors that allow the external emission of noise are prohibited; and
3. Such work entails only non-structural and non-demolition construction activities as those activities are defined by applicable authorizing agencies; and
4. Such activities take place where the floors directly below and above the floor are unoccupied; and
5. Notice has been given, to the maximum extent possible, to all residents regarding the time, place and nature of the construction activities.
§ 30-103 Noise Complaint Procedure.
If DEP receives noise complaints, determined to be valid after inspection, regarding any construction activities performed pursuant to this section, DEP, after consultation with the responsible party, can require said party to make modifications to the construction activities or seek from the responsible party certain noise mitigation methods, including but not limited to, changing of truck routes, providing mitigation barriers, using different devices, or other mitigation techniques that shall be employed at the site so that said activities can continue after hours. The failure to comply with the modifications required by DEP may result in DEP issuing noise-related violations pursuant to this chapter and/or requesting that any City permits be suspended, revoked or denied renewal. Responsible parties shall be on notice that § 24-223(d) of the New York City Administrative Code is not applicable to the activities listed in this chapter.
§ 30-104 Undue Hardship.
After complying with the procedures outlined in § 24-223(e)(5) of the New York City Administrative Code, responsible parties may seek authorization from the Department of Buildings or the Department of Transportation for after hours construction work.
§ 31-01 Applicability and Scope.
(a) Applicability.
(1) This Rule applies to the certification of sewer availability and to the issuance of permits for the construction, alteration, repair or relay, plugging, unplugging, and inspection of all Sewer connections and appurtenances.
(2) The portion of a new Sewer connection extending from the curb line to sewers built under New York City capital sewer construction projects are not subject to this Rule and are covered by the standards and specifications for such projects.
Agency. “Agency” means an agency of the City.
Allowable flow. “Allowable flow” means the storm flow from developments based on existing sewer design criteria that can be released into an existing storm of combined sewer.
Allowable sewer or drain. “Allowable sewer or drain” means an existing sewer or drain built in accordance with a City drainage plan or an approved Drainage proposal, and is the approved outlet to receive Flow from the site of an existing or a proposed development.
Alteration map. “Alteration map” means a map showing proposed changes to the City map.
A.N.S.I. “A.N.S.I.” means the American National Standards Institute.
Applicant. “Applicant” means the Owner of an existing or a proposed development or his or her legally designated representative.
Applicant’s offering plan. “Applicant’s offering plan” or “Applicant’s offering prospectus” means the set of legal documents setting forth the rights, privileges, and duties of purchasers of shares in the Applicant’s proposed development, and which is submitted to the New York State Department of Law in accordance with the requirements of Section 352-e of the New York State General Business Law.
Approved outlet. “Approved outlet” means an existing storm, sanitary or combined sewer or drain built to receive flow from a development.
As-built drawing or Record drawing. “As-built drawing” or “Record drawing” means a map or a drawing which represents the actual constructed state of a City sewer, a Private sewer, or a Private drain and appurtenances.
A.S.T.M. “A.S.T.M.” means the American Standards for the Testing of Materials, latest edition.
Available sewer or drain. “Available sewer or drain” means an existing fronting sewer or drain which has existing adequate capacity for use by an existing or a proposed development.
Block. “Block” means a tract of land bounded by consecutive intersecting streets.
Building. “Building” means a structure having a specific Block and Lot (or tax sub-lot). In general, a structure will be considered a Building if it has a separate entrance from an outdoor area.
BWSO. “BWSO” means the Bureau of Water & Sewer Operations or its successor.
Catch basin. “Catch basin” means a structure designed to collect and convey stormwater runoff to a Storm sewer, a Combined sewer, or an approved outlet by means of a catch basin connection pipe.
City. “City” means the City of New York.
City drainage plan. “City drainage plan” or “drainage plan” means a plan for the proper sewage and drainage of the City of New York, or any part thereof, prepared and adopted in accordance with Section 24-503 of the Administrative Code of the City of New York.
City map. “City map” means the City map referred to in Sections 198 and 199 of the City Charter.
Code. “Code” means the Administrative Code of the City of New York.
Combined sewage. “Combined sewage” means a combination of Sanitary sewage, industrial wastewater and stormwater runoff.
Combined sewer. “Combined sewer” means a sewer receiving a combination of sanitary and/or industrial wastewater and stormwater runoff.
Combined sewer connection. “Combined sewer connection” means a Sewer connection which extends from the property line and conveys both Sanitary sewage and storm water runoff to a Combined sewer or drain.
Commissioner. “Commissioner” means the Commissioner of the New York City Department of Environmental Protection.
Condominium association. “Condominium association” means the legal entity comprising the present and future unit-Owners of a condominium development and established in accordance with Article 9-B of the New York State Real Property Law.
Connection permit. “Connection permit” means a written authorization issued by the DEP to connect to an existing sewer or drain or an approved outlet.
Contractor. “Contractor” means an entity retained by the Owner/Applicant to construct a facility.
Contributory drainage area. “Contributory drainage area” means a drainage area bounded by the ridge lines of the furthest boundaries from which flow reaches a point of discharge.
DEP. “DEP” means the New York City Department of Environmental Protection or its successor Agency.
Detention system. “Detention system” means a structure designed to store an accumulation of stormwater runoff and release it at a controlled rate into an approved outlet sewer system of limited capacity.
Direct discharge. “Direct discharge” means a discharge by means of a sewer connection to a City sewer, a Private sewer, a Private drain, or an approved outlet fronting the property.
DOB. “DOB” means the New York City Department of Buildings or its successor Agency.
DOF. “DOF” means the New York City Department of Finance or its successor Agency.
DOT. “DOT” means the New York City Department of Transportation or its successor Agency.
Drainage proposal. “Drainage proposal” means a plan showing a proposed sewerage system to serve an existing or a proposed development and Contributory drainage area that does not conform to the City drainage plan.
Dwelling unit. “Dwelling unit” means one or more rooms in a Building that are arranged, designed, used or intended for use by one family.
Finally mapped street. “Finally mapped street” means a street as shown on the City map.
Flow. “Flow” means a continuous movement of storm water or wastewater.
Fronting. “Fronting” means an existing sewer or drain abutting an existing or proposed development.
Groundwater. “Groundwater” means any existing water in subsoil stratums, including water from springs and natural underground streams, but excluding water from wells used for the delivery of potable or processed water.
Groundwater table. “Groundwater table” means the actual depth of ground water below surface.
Homeowners’ association. “Homeowners’ association” means the legal entity compromising the present and future homeowners/unit owners of a development.
House connection proposal. “House connection proposal” means a plan showing proposed Sewer connection(s) to a City sewer, a Private sewer, a Private drain, or an approved outlet to serve Fee Simple One (1), Two (2) or Three (3) Family Dwelling Units.
Indirect discharge. “Indirect discharge” means a discharge into a City sewer, a Private sewer, or an approved outlet by means other than a direct discharge.
Industrial waste. “Industrial waste” means any liquid, gaseous or solid substance, or a combination thereof, resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of natural resources.
Inspector. “Inspector” means a DEP or DOB sewer connection inspector.
Internal drain. “Internal drain” means a drainage system under the jurisdiction of the DOB and which is not located in a Final mapped street, a Record street or an Easement under the jurisdiction of the DEP.
Intercepting sewer. “Intercepting sewer” or “Interceptor sewer” means a sewer which, during dry weather, receives the dry-weather flow from a number of transverse Sanitary or Combined sewers and conveys such Flow to a wastewater pollution control plant. During storms, it receives predetermined quantities of dry-weather flow mixed with stormwater and conveys Combined sewage to a wastewater pollution control plant.
Interceptor-collector. “Interceptor-collector” means an Intercepting sewer which also serves as a local Sanitary sewer.
Legally designated representative. “Legally designated representative” means a Professional Engineer or Registered Architect licensed by the State of New York who represents the Owner in connection with a proposal, plan, or application.
Licensed Master Plumber. “Licensed Master Plumber” means a plumber licensed to perform plumbing work within the City by the City agency having jurisdiction over such licensing.
Lot. “Lot” means a tax lot as shown on the Tax map of the City.
Mapping action. “Mapping action” means a proceeding to change the City map pursuant to the New York City Charter.
Non-plumbing work. “Non-plumbing work” means any work not referenced in the definition of “Plumbing Work” as set forth in Section 28-401.3 of the Code, including excavation work, construction work or any other work not classified as piping work.
Opinion of dedication. “Opinion of dedication” means an opinion by the Corporation Counsel that a street is an open and continuously traveled street dedicated for public use.
Owner. “Owner” means any individual, firm, corporation, company, association, society, institution or any other legal entity that owns the property, appurtenances, and easements compromising an existing or a proposed development.
Private drain. “Private drain” means a private sanitary, stormwater, or combined drain that is constructed in a Finally mapped street, a Record street, or an easement and discharges into an approved outlet.
Private pumping station. “Private pumping station” means a privately owned, operated, and maintained wastewater collection facility required for the pumping of sanitary or stormwater runoff or Combined sewage to a Private force main.
Private force main. “Private force main” means a privately owned, operated and maintained pressurized pipe designated to receive the wastewater discharged from a Private pumping station and to convey it under pressure to a point of discharge.
Private sewage treatment plant. “Private sewage treatment plant” means a privately owned, operated and maintained wastewater collection facility located on private property that is used for the physical, chemical, and/or biological treatment of wastewater.
Private sewer. “Private sewer” means a private sanitary, stormwater, or combined sewer that is designed and constructed in accordance with the requirements of the City drainage plan to serve a specific development and is located in a Finally mapped street, a Record street, or a sewer easement, and discharges into an approved outlet.
Private sewer plan or private drain plan. “Private sewer plan” or “Private drain plan” means a construction plan for the installation of Private sewers or Private drains and appurtenances thereto.
Record street. “Record street” means a street that appears on the Tax map of the City, but is not a Finally mapped street.
Repair/relay. “Repair/relay” means complete, substantial, or partial repair or replacement of any existing Sewer connection.
Retention system. “Retention system” means a structure designed to store an accumulation of stormwater runoff and dispose of it onsite.
Rule. “Rule” means all the standards and requirements of the DEP governing connection to the sewer system, as contained herein.
Runoff. “Runoff” means overland stormwater flow that is not absorbed into the ground.
Sanitary sewage. “Sanitary sewage” means bodily waste, swimming pool discharge, wash water, or similar waste which is discharged into a Sanitary sewer or a Combined sewer.
Sanitary sewer. “Sanitary sewer” means a sewer which conveys Sanitary sewage and/or industrial waste.
Sanitary sewer connection. “Sanitary sewer connection” means a Sewer connection which extends from the property line of a building and conveys only Sanitary sewage to a Sanitary sewer/drain or a Combined sewer/drain.
Seepage basin. “Seepage basin” means a drainage structure constructed in the street area designed to dispose of street storm water runoff collected by catch basins and catch basin connections at locations where storm or combined sewer do not exit.
Sewer certification. “Sewer certification” or “Sewer availability certification” means a house connection proposal application or site connection proposal application to certify the adequacy of the existing abutting sewer to receive site storm and sanitary discharge from a development.
Sewer connection. “Sewer connection” means that part of a sanitary, stormwater, or combined sewer disposal pipe which extends from the property line of a Building to an existing City sewer, a Private sewer, a Private drain, or an approved outlet under the jurisdiction of the DEP.
Sewer easement. “Sewer easement” means a nonpossessory interest in private property, which allows for the limited right to use the property that is designated for the construction and maintenance of a drainage facility such as a City sewer, a Private drain, a Watercourse, a Watercourse diversion, or related structures.
Site connection proposal. “Site connection proposal” means a plan showing proposed Sewer connection(s) from existing or proposed developments other than Fee Simple of One (1), Two (2) or Three (3) Family Dwelling Units to a City sewer, a Private sewer, a Private drain, or an approved outlet.
Special conditions. “Special conditions” mean and include, but is not limited to, the construction or use of a Private sewage treatment plant, a Private on-site pumping station, a private on-site Detention basin, a private Watercourse diversion by an open channel or closed piping, or a proposed development requiring a Mapping action.
Storm sewer. “Storm sewer” means a sewer which conveys only stormwater.
Stormwater. “Stormwater” means the excess water running off the surface of a drainage area during, and immediately following, a period of precipitation.
Stormwater release rate. “Stormwater release rate” means the rate at which stormwater is released from a site, calculated in terms of cubic feet per second (cfs) or as a percentage of the Allowable Flow, which is also calculated in terms of cfs.
Stormwater sewer connection. “Stormwater sewer connection” means a Sewer connection, which extends from the property line of a Building and conveys stormwater runoff to a Storm sewer/drain, or Combined sewer/drain or an approved outlet.
Tax ma p. “Tax map” means the Tax map of the City as defined and referred to in Section 11-203 of the Administrative Code of the City of New York.
Tentative lot. “Tentative lot” means a proposed tax lot as shown on the “Request to Real Property Assessment, Department of Surveying, Division for Tentative Lot Numbers”.
Water Board. “Water Board” means the New York City Water Board.
Watercourse. “Watercourse” means a natural or artificial channel, a visible path or an active trench, which carries stormwater runoff from a Contributory drainage area.
Watercourse diversion. “Watercourse diversion” means the re-routing of an existing Watercourse by either open channel or closed piping.
Water service connection. “Water service connection” – The pipe from the street water main or other source of water supply to the building served.
(1) The DEP may grant a variance from one or more of the requirements of this Rule only upon:
(a) written request by the Applicant; and
(b) the presentation of adequate proof substantiating that compliance with the requirements of this Rule would impose an exceptional hardship.
(2) Every request for a variance shall:
(a) identify the specific provision(s) of this Rule for which a variance is sought;
(b) demonstrate that an exceptional economic, technological or safety hardship would result from compliance with the identified provision(s) and that the variance requested is the minimum necessary to afford relief; and
(c) demonstrate that the proposed variance would not result in any adverse impact on public health, safety, or welfare, the environment, or any natural resource(s).
(3) There shall be no variances granted from the bonding, insurance, or security requirements of this Rule.
(4) In granting variance, the DEP may impose specific conditions necessary to assure that the variance will have no adverse impact on public health, safety, or welfare, the environment, or any natural resource. Failure to comply with any condition of a variance shall be a violation of these rules.
§ 31-02 Sewer Availability Certification.
(a) General Requirements. Owners proposing to connect to a City sewer, a private sewer, a private drain, or an approved outlet to serve an existing or a proposed development must file a sewer certification application with the appropriate department of the City, in accordance with the following requirements:
(1) For an existing or a proposed Fee Simple One (1), Two (2) or Three (3) Family Dwelling Unit, a House Connection Proposal for sewer availability certification shall be required. Stormwater management systems for developments that include subdivision of lots must be submitted to DEP for review and approval.
(2) For all existing or proposed developments other than Fee Simple One (1), Two (2) or Three (3) Family Dwelling Units, a Site Connection Proposal for sewer availability certification shall be required. Stormwater management systems for developments that include multiple construction phases or subdivision of lots must be submitted to DEP for review and approval as a master/phased plan site connection application proposal.
(3) For the elimination of existing cesspools or septic tanks for existing buildings other than Fee Simple One (1), Two (2) or Three (3) Family Dwelling Units, a Site Connection Proposal for sewer availability certification shall be required, unless the site has been granted a prior sewer availability certification.
(4) All House Connection Proposals or Site Connection Proposals for sewer availability certification shall be prepared by, or under the supervision of, a professional engineer or registered architect licensed by the State of New York, and shall be submitted with the appropriate sewer certification application form. The signature and seal of a professional engineer or registered architect shall appear on each proposal.
(1) A professional engineer or registered architect may self-certify the availability of sewers by using the appropriate self-certified sewer certification application, except as specified in paragraph (3) of this subdivision.
(2) All sewer certification applications for new construction under the jurisdiction of the DOB may be submitted to the DEP or to the DOB. All other sewer certification applications for construction that is not under the jurisdiction of the DOB and do not require DOB project identification number(s) (DOB PIN(s)) shall be submitted to the DEP.
(3) A professional engineer or registered architect shall not self-certify sewer certification applications for the cases listed below. Such applications shall be submitted to the DEP for review and certification:
(i) Applications involving mapping actions;
(ii) Applications for connection(s) to a proposed private sewer or private drain under construction by the applicant to serve a proposed development;
(iii) Applications for proposed developments to be constructed in staged phases;
(iv) Applications for proposed developments on part of a tax lot;
(v) Applications to connect to a sewer or drain where the flow discharged must pass through a private pumping station;
(vi) Applications for proposed developments which must utilize an easement through, or cross, adjacent properties, to gain access to an approved outlet;
(vii) Applications for proposed developments on a site traversed by a watercourse, active ditch, or existing sewer easement;
(viii) Applications for proposed discharge of flow to a private drain not built in accordance with the City drainage plan and which is not owned by the owner(s) of the proposed development(s);
(ix) Applications to connect to sewers or drains discharging to a private sewage treatment plant;
(x) Applications for proposed sanitary discharge to an interceptor sewer;
(xi) Applications for proposed sanitary discharge to six (6) inch diameter sanitary sewers or drains;
(xii) Applications for proposed discharge of site storm flow to a highway drain, Work Project Administration (WPA) sewer, Temporary Connection (TC), plumber’s drain, watercourse diversion, or State arterial highway drain;
(xiii) Applications for skewed connections or connections to stub extensions from existing manholes; and
(xiv) Application for proposed developments in areas rezoned after June 1993.
(4) All sewer certification applications shall contain the appropriate identification number(s) as issued by the DOB, except for:
(i) Self-certified applications filed with the DOB; or
(ii) Applications which are not required to be filed with the DOB.
(5) Sewer certification applications shall show the proposed sanitary discharge; the proposed developed site storm flow; the allowable flow from the site; and/or the stormwater release rate from the site, in accordance with the following:
(i) Computation of allowable flow to be discharged into stormwater or combined sewers or drains shall be based on either the City drainage plan or an approved drainage proposal under which the existing sewers or drains were constructed. Computation of the stormwater release rate shall be in accordance with 15 RCNY § 31-03(a)(1) for connections in a combined sewer system.
(ii) Developed site storm flow shall be computed using the rational method for the total site area, with rainfall intensity of 5.95 inches per hour and the weighted runoff coefficient (Cw) based on the site development.
A. DEP will provide runoff coefficients to be used in computing site storm flow.
B. DEP will accept for review applications that minimize the runoff coefficient of the entire site by maximizing open areas, and areas with grass or vegetative cover, green roofs, permeable pavements with suitable infiltration, or other techniques based on the runoff coefficients published by DEP. Further runoff coefficient reductions must be substantiated by soil borings taken at the location of the proposed areas in addition to a permeability test performed in situ.
C. Overall site runoff coefficients must not be decreased without the express written approval of DEP.
(iii) Applicants shall specify the method(s) of disposal of all developed site storm flow in conformance with the provisions of local laws governing such disposal.
(iv) Sanitary flow discharged to sanitary or combined sewers or drains shall be computed based on the density development permissible under zoning designation for the proposed development in accordance with the most recent drainage design criteria of the DEP.
(6) Block and lot numbers shall correspond to the most recent records supplied by the DOF. Any applicant proposing to alter an existing block and/or lot layout shall submit to the DOB a Tentative Lot Number(s) Request Form bearing the applicant’s signature and seal and showing the proposed block or lot modifications. Such forms shall be approved by the DOB.
(7) All existing and proposed sewer connections shall be shown on the site plan and supporting documents. The minimum size of pipe for proposed connections to the sewer system shall be an eight (8) inch pipe in the Borough of Manhattan and a six (6) inch pipe in all other Boroughs.
(8) No horizontal bends for sewer connections shall be permitted outside the property lines of the project site.
(9) All sewer connections shall be gravity connections. Single structures utilizing an internal ejector shall follow provisions of the New York City Building Code and shall connect to the sewer by gravity for such use. In cases where multiple structure developments use internal ejectors, the internal ejector system shall discharge into a pressure relief manhole within the property lines, and then flow into the existing sewer by a gravity sewer connection.
(10) All site plans submitted to the DEP with sewer certification applications shall be prepared in accordance with the latest standards and requirements of the DEP, as indicated below:
(i) Site plans shall be drawn to scale, and shall contain the original seal and signature of the filing professional engineer or registered architect.
(ii) All hydraulic computations, and the proposed method(s) of disposal for all sanitary and storm discharge, must be shown on the site plan.
(iii) Swimming pool(s) must be shown on the site plan, but are not reviewed as part of the sewer certification application(s). A separate approval for the discharge from swimming pools must be obtained from the DEP. All swimming pools must discharge to an internal sanitary system prior to discharge into the existing sewer or drain.
(iv) Computations and details for the management practices proposed for the on-site retention or detention of stormwater runoff from the developed site necessary to ensure compliance with this rule must be shown on the site plan.
(11) Subsoil boring logs and soil permeability testing information must be submitted to substantiate any proposed on-site stormwater infiltration.
(12) Any person constructing a new development abutting a waterway shall discharge its stormwater to that waterway. All direct discharges shall comply with all applicable laws and regulations.
(13) For sites with industrial waste discharge, the applicant must obtain approval from the DEP for such discharge prior to the certification of the sewer certification application. For self-certified sewer certification applications, the approval for the discharge of industrial waste must be obtained prior to submission of the self-certified sewer certification application to the City.
§ 31-03 Stormwater performance standard for connections to combined sewer system.
(a) Stormwater release rate. The following provisions apply to the issuance of permits for sewer availability certifications and connections to combined sewer systems for new buildings and alterations as defined in the Construction/Plumbing Codes and related requirements for any horizontal building enlargement or any proposed increase in impervious surfaces.
(1) The Stormwater Release Rate must be no more than the greater of 0.25 cfs or 10% of the Allowable Flow or, if the Allowable Flow is less than 0.25 cfs, no more than the Allowable Flow.
(2) For Alterations, the stormwater release rate for the altered area must be no more than the stormwater release rate for the entire site, determined in accordance with subparagraph (1) above, multiplied by the ratio of the altered area to the total site area. No new points of discharge are permitted.
(3) For proposed open-bottom detention systems, applicants would be entitled to a reduction of the required stormwater volume to be detained where stormwater will be infiltrated into the below soils provided that the applicant demonstrates to the satisfaction of the department that the existing soil surrounding and below the system has a favorable rate of permeation substantiated by soil borings taken at the location of the proposed system in addition to a permeability test performed in situ. Requests for any volume credits must be shown on the site connection proposal application and reviewed by DEP.
(4) Applicants would be entitled to a reduction of the required stormwater volume to be detained where stormwater will be recycled for on-site uses provided that the department finds that the recycling system is independent and does not result in total site discharge to the sewer system greater than the Stormwater Release Rate at any time. Such recycling systems cannot be modified or disconnected, without the express written approval of DEP. This restriction applies to both current and future owners and other persons in control of the property.
§ 31-04 Standards for Issuance of Permits.
(a) Permits.
(1) No person or Owner shall connect to, make use of, or make an opening into any interceptor sewer, interceptor collector, sanitary, storm, or combined sewer or drain, or install, repair, relay or plug sewer connections, except upon issuance of a permit consistent with the provisions of this Rule. No sewer connections shall be permitted to any catch basin. Any such connection made without a permit shall be in violation of this Rule.
(2) Permits for a new connection or connections shown on certified sewer certification applications shall be required for the following:
(i) new developments;
(ii) alterations performed on existing buildings, where sewer availability certification is required by the DOB;
(iii) existing buildings served by cesspools or septic tanks to be connected to fronting sewers or drains; and
(iv) unplugging and reuse of a plugged sewer connection.
(3) Plug permit(s) shall be required when an existing connection or connections are to be abandoned.
(4) Repair or relay permits shall be required for the repair or replacement of an existing sewer connection. Where realignment of the existing sewer connection or connections to new points of connection results in the plugging of an existing sewer connection or connections, no separate plug permit shall be required.
(5) Permits shall be required to install manholes on existing sewers or drains.
(6) Permits shall be required to install catch basins and catch basin connections outletting to existing sewers or drains, or an approved outlet.
(7) Permits shall be required to install seepage basins and catch basins outletting to such seepage basins.
(8) Any detention or retention system and any replacement of such a system proposed and implemented in order to comply with this rule must be properly maintained throughout the useful life of the system and maintenance records maintained, until replacement as approved by DEP. This obligation applies to current property owners, their successors, assigns, and other persons in control of the property, and shall be made binding in a deed restriction or other form satisfactory to DEP. Three years after the date of approval of a retention or detention system and every three years thereafter the operation of the system shall be inspected by a licensed professional engineer, a registered architect or a licensed master plumber. Such architect, engineer or master plumber shall submit certification to DEP that the system is free of debris and sediments, that its orifice is unobstructed and flowing and that the system is otherwise operating in compliance with this rule.
(1) For a single structure on an individual tax lot fronting an existing combined sewer, a new sewer connection permit shall be required for each connection.
(2) For individual structures on one tax lot with individual combined sewer connections to an existing combined sewer or drain, a sewer connection permit shall be required for each individual combined connection. Where such structures have separate connections to separate sanitary and storm sewers, a new connection permit shall be required for each individual sanitary and/or storm sewer connection.
(3) For several individual structures on one tax lot sharing a common internal drain or drains connecting to existing combined sewers, one new sewer connection permit shall be required for each connection. Where such structures have common sanitary and storm internal drains for connection to separate sanitary and storm sewers or drains, a new sewer connection permit shall be required for each connection made to the sewers or drains.
(4) For individual structures on individual tax lots, which will share common internal drains owned, operated or maintained by a Homeowners Association, connections to existing combined sewers shall require a new sewer connection permit for each tax lot.
(5) Where individual structures on individual tax lots, which share common internal drains owned, operated and maintained by a Homeowners Association, connect to separate sanitary and storm sewers or drains, a sewer connection permit shall be required for each sanitary and storm sewer connection made to the common internal drains from each tax lot.
(1) A certified house connection proposal or site connection proposal shall be required for all permits, except for the following:
(i) plug permits;
(ii) repair/relay permits;
(iii) catch basin, catch basin connection, and manhole permits;
(iv) catch basin, catch basin connection, and seepage basin permits; and
(v) connection to an existing sewer for elimination of existing cesspool or septic tanks for fee simple one, two, or three family dwelling units.
(2) Prior to the issuance of a permit, applicants shall comply with the following requirements:
(i) Upon certification of a house connection proposal or site connection proposal by the DEP or DOB, the applicant’s Licensed Master Plumber shall apply for the required sewer connection permits at the DEP’s water and sewer records office.
(ii) If the Licensed Master Plumber retains a subcontractor, that subcontractor is only authorized to conduct non-plumbing work. All plumbing work must be done by the Licensed Master Plumber or persons under the direct employment and continuing supervision of the Licensed Master Plumber. If work is to be done by a subcontractor, said subcontractor must be identified on the application and an affidavit of authorization must be executed by the Licensed Master Plumber. The authorization shall specify the location and work to be done and shall state that the work is being done under the supervision of the Licensed Master Plumber. Such authorization and responsibility will be effective for the duration of the permit. If coring is to be done as part of the work, it shall be performed by the Licensed Master Plumber, or his/her authorized designee.
(iii) Only a Licensed Master Plumber may apply for a permit to install new catch basins, catch basin connections, and manholes on existing sewers or drains.
(iv) A Licensed Master Plumber or a Contractor may apply for a permit or permits to install seepage basins, catch basins, and catch basin connections outletting to such seepage basins.
(v) No sewer connection permit shall be issued without the presentation of a valid building construction permit or alteration repair application (ARA) from DOB or other Agencies having jurisdiction.
(vi) No permits shall be issued to install new catch basins, catch basin connections, seepage basins, or manholes on existing sewers or drains until an approved builder’s pavement plan has been submitted.
(1) Prior to the issuance of any permit for sewer connection, applicants must submit the following to the DEP:
(i) the appropriate permit application form and, if applicable, an affidavit by the Licensed Master Plumber authorizing a subcontractor to perform non-plumbing work;
(ii) a certified house connection proposal or site connection proposal application;
(iii) a valid street/sidewalk opening permit from the DOT or other entity having jurisdiction;
(iv) proof of payment of the appropriate permit fee to the Water Board;
(v) proof of compliance with all conditions set forth in the certified house connection proposal or site connection proposal application form;
(vi) a letter of authorization from the Owner to retain a Licensed Master Plumber;
(vii) except for a single structure condominium development, which is exempt from this requirement, a declaration of covenants and restrictions establishing a Homeowners Association or a declaration of condominium recorded at the appropriate City Register’s or County Clerk’s Office and a letter issued by the New York State Attorney General accepting the offering plan/prospectus for filing; or a “No- Action Letter” issued by the New York State Attorney General and reviewed by the Legal Counsel of the DEP;
(viii) easement documents, declaration of maintenance and deed restrictions approved by the Legal Counsel of the DEP and recorded at the office of the County Clerk.
(ix) proof of compliance with all other conditions that may be set forth by the City and with all applicable Federal, State, and Local Laws, Rules and Regulations.
(2) Unplug and Reuse or Reuse. For one, two or three family dwellings only, permits for unplugging and reuse of a plugged sewer connection, or reuse of an existing sewer connection will be issued upon:
(i) compliance with all of the requirements listed in paragraph (1) of this subdivision (d); and
(ii) submission to the DEP of the following:
(A) a notarized letter of intent from the owner requesting reuse of the plugged sewer connection or reuse of the existing sewer connection;
(B) signed and sealed certification from the filing professional engineer or registered architect that the existing sewer connection is adequate; and
(C) signed and sealed certification from the Licensed Master Plumber that such plumber has verified that the existing sewer connection is in good working order.
(3) Plug Permit for plug of an existing sewer connection will be issued upon:
(i) compliance with the requirements contained in subparagraphs (i), (iii), (iv), (vi) and (ix) of paragraph (1) of this subdivision (d);
(ii) presentation of a notarized letter of intent from the Owner to plug the existing sewer connection and to retain a Licensed Master Plumber for this purpose; and
(iii) verification of the existence of the sewer connection to be plugged.
(4) Repair or Relay of Existing Sewer Connections. Permits for repair/relay of existing sewer connections will be issued upon compliance with the requirements in subparagraphs (i), (iii), and (ix) of paragraph (1) of this subdivision (d);
(5) Connections to an existing sewer for the purpose of eliminating cesspools or septic systems. Permits for sewer connections to an existing sanitary or combined sewer in order to eliminate cesspools or septic systems will be issued upon:
(i) compliance with the requirements contained in subparagraphs (i), (ii), (iii), (iv), (v), and (ix) of paragraph (1) of this subdivision (d);
(ii) for fee simple one, two or three family dwelling units, submission of approval from DOB to abandon the existing cesspool or septic system;
(iii) for other than fee simple one, two or three family dwelling units, submission of:
(A) an approval from DOB to abandon the existing cesspool or septic system; and
(B) a certified site connection proposal from the appropriate department, as required by subparagraphs (i), (ii) and (v) of paragraph (1) of this subdivision (d).
(6) New manholes on existing sewers or drains for new sewer connections or for new catch basin connections. Permits for new manholes to be placed on existing sewers for new sewer connections or for new catch basin connections will be issued upon:
(i) compliance with all of the requirements in subparagraphs (i), (ii), (iii), (iv), (v), and (ix) of paragraph (1) of this subdivision (d); and
(ii) for new catch basin connections, compliance with all requirements contained in paragraph (7) of this subdivision (d).
(7) New catch basins, catch basin connections, and seepage basins. Permits for new catch basins, catch basin connections, and seepage basins will be issued upon:
(i) compliance with the requirements contained in subparagraphs (i), (iii), (iv), and (ix) of paragraph (1) of this subdivision (d); and
(ii) presentation of a valid approved Builders Pavement Plan. A Builders Pavement Plan, approved by the City, must be on file with the Borough office of BWSO prior to issuance of the permit.
(1) Each permit shall be valid for a period not to exceed sixty (60) calendar days from the date of issuance. An additional one time thirty (30) day extension may be granted upon written request by the Licensed Master Plumber explaining reasons for the delay.
(2) After expiration of the permit period and any extension, the permittee shall be required to file for a new permit and pay all required fees.
(3) Any permit issued by the DEP pursuant to this Rule may be revoked by the Commissioner for cause.
(1) All fees shall conform to the latest fee schedule published by the Water Board.
(2) All fees shall be paid to the Water Board.
§ 31-05 Standards for Installation of Sewer Connections.
(a) General Requirements. All new sewer connections shall be in compliance with this Rule.
(1) Sewer connections may be made to available existing sewers, drains, or approved outlets, upon the issuance of a permit.
(2) New sewer connections shall have a minimum of four (4) feet of cover unless the DEP grants approval for a lesser cover. No cover above a sewer connection less than two and a half (2.5) feet shall be permissible. Sewer connections with less than three (3) feet of cover must be encased in concrete.
(3) Connections to sewers supported by piles must be ductile iron pipe Class fifty-six (56), on broken stone with push on joints. The thickness of the broken stone bedding shall be a minimum of nine (9) inches.
(4) Where the replacement or repair of an existing sewer connection results in damage or defect to adjacent or connected facilities, the Commissioner, upon being notified of such damage or defect, may order the Licensed Master Plumber to investigate and effect any repairs to the adjacent or connected facilities that may be required at such plumber’s own expense. Representatives of adjacent or connected facilities shall be mailed copies of the Commissioner’s order.
(5) Catch basin connections to storm or combined sewers of forty-eight (48) inches in diameter or smaller shall be made to existing or new manholes. For sewers larger than forty-eight (48) inches in diameter, the catch basin connections shall be made to existing manholes, if available, or directly to the sewer. Details of all other methods of connections shall be reviewed and approved by the DEP. All work must be in accordance with any Builders Pavement Plan, approved by the City.
(6) New sewer connections shall be made to existing spurs fronting the property.
(7) In cases where no spurs exist, or connection to an existing spur is not feasible, one of the following methods of connection shall be used:
(i) For six (6) inch diameter sewer connections to six (6) inch diameter sewers or drains, three (3) sections of the existing sewer or drain shall be replaced with two (2) straight pipe sections and a central spur piece.
(ii) For six (6) inch diameter sewer connections to eight (8) inch diameter sewers or drains, if the existing eight (8) inch diameter sewer or drain is not supported by a concrete cradle, the connection method described in subparagraph (i) of this paragraph (7) shall apply. For sewers or drains on concrete cradles, a minimum of four (4) feet in length of the existing sewer or drain shall be encased in concrete from the point of connection. The concrete shall be allowed to set for twenty-four (24) hours, after which time, core drilling shall be performed.
(iii) Core drilling to install a spur into an existing sewer or drain shall only be performed with an approved coring machine. Such coring shall be made at the one (1) or two (2) o’clock or ten (10) to eleven (11) o’clock position as described in paragraph (9) of this subdivision (b). The cored portion of the sewer shall be retained and submitted to the Inspector. Core drilling shall only be permitted in the following circumstances:
(A) where the new sewer connection is six (6) inches in diameter and the existing sewer or drain is ten (10) inches in diameter or larger;
(B) where the new sewer connection is eight (8) inches in diameter and the existing sewer or drain is twelve (12) inches in diameter or larger;
(C) where the new sewer connection is ten (10) inches in diameter and the existing sewer or drain is twenty-four (24) inches in diameter or larger.
(iv) Any sewer connection twelve (12) inches in diameter or larger to existing sewers or drains less than forty-eight (48) inches in diameter shall be made only to an existing or proposed manhole. For sewer connections larger than eighteen (18) inches in diameter, the applicant shall submit a detail of the proposed method of connection to the DEP for review and approval.
(8) Core drilling. Core drilling shall be performed in accordance with the following requirements:
(i) Clay or Cement Sewers or Drains. A six (6) inch thick concrete encasement on top and bottom of the existing sewer or drain for a minimum of four (4) feet length along the existing sewer shall be provided. The concrete encasement shall be allowed to set for a minimum of twenty-four (24) hours before the core drill may be performed.
(ii) Brick Sewers or Drains. A three (3) inch concrete encasement with six (6) by six (6) w2.9/w2.9 wire mesh over the top half of the sewer for a minimum of four (4) feet along the length of the sewer shall be provided. The concrete encasement shall be allowed to set for a minimum of twenty-four (24) hours before the core drill may be performed.
(9) Installation of a spur on the existing sewer or drain shall be performed in accordance with the following requirements:
(i) A hole shall be core drilled with an approved core drilling machine to produce a smooth hole equal to the inside diameter of the sewer connection. A tap saddle/tee made of cast iron shall be installed and bonded to the existing sewer or drain with a quick setting two-part mix of epoxy adhesive that will harden in four (4) to seven (7) hours.
(ii) A hole shall be core drilled with an approved core drilling machine to produce a smooth hole equal to the outside diameter of either a Dutchman (short piece of pipe with belt) or the outside diameter of a neoprene rubber tee fitting, which shall be placed in the drilled hole and held in place by a tampered plastic insert. The sewer connection shall fit into the open end of the tee fitting and be held in place by a mechanically tightened steel band.
(10) Should unanticipated field conditions necessitate a different method of construction than that shown on the certified sewer certification application, such method shall be submitted for review and approval by the DEP, prior to any work being performed.
(1) The materials used for new sewer connections or replacement of existing sewer connections and appurtenances shall meet the following requirements:
(i) Extra strength vitrified clay pipe (ESVP), conforming to A.S.T.M. C-700 on six (6) inch concrete cradle, class forty (40), for sewer connections up to and including an eighteen (18) inch diameter;
(ii) Ductile iron pipe (DIP), Class fifty-six (56) with push-on joints, conforming to A.N.S.I. specification on broken stone bedding conforming to A.S.T.M. C-33, size sixty-seven (67);
(iii) Pre-cast Reinforced Concrete Pipe (PCRP) Class three (3) or higher on six (6) inch concrete cradle conforming to A.S.T.M. Class thirty five (35) for sewer connections of a twenty-four (24) inch diameter and larger;
(iv) Extra heavy cast iron soil pipe (EHCI) on broken stone bedding conforming with A.S.T.M. Class thirty-three (33), size sixty seven (67).
(2) Materials differing from those described in paragraph (1) of this subdivision (c) shall not be issued without written approval of the DEP. The burden of establishing the suitability of the material shall be with the applicant.
(1) The inner top of the proposed sewer connection shall not be lower than the inner top of the sewer. The invert of the proposed sewer connection shall be at least three (3) inches above the bench elevation at the manhole wall. The invert of the proposed sewer connection shall not be more than four (4) feet above the spring line (1/2 the diameter) of the sewer.
(2) The use of pre-cast manholes on existing sewers or drains shall be in conformance with the latest DEP Sewer Design Standards, and shall be supplied by an approved vendor.
(3) No pre-cast manholes shall be installed on existing brick sewers.
(1) All proposed seepage basins, catch basins, and catch basin connections shall be installed in accordance with any Builders Pavement Plan approved by the City and the latest DEP standards and requirements, and shall be supplied by approved vendors.
(1) Prior to performing any excavation, the permittee shall give notice to the New York City & Long Island One Call Center in accordance with 16 NYCRR Part 753.
(2) Excavations, trenching, and shoring as required, shall be in conformance with sections 23 and 53 of the New York State Industrial Code, and all other applicable Federal, State, and Local Laws, Rules and Regulations.
(3) Permittees shall comply with all requirements of the DOT or other entity having jurisdiction.
(4) The permittee shall properly support, protect, and maintain all facilities encountered.
(5) Rock excavation for proposed sewer connections shall be made in compliance with applicable sections of the DEP’s Standard Specifications.
(6) The maximum width of a sheeted trench shall be in accordance with DEP Sewer Design Standards.
(1) Backfilling and pavement restoration shall be in compliance with the Standards and Requirements of the DOT or other entity having jurisdiction.
(2) No backfilling shall commence until the sewer connection, seepage basin, catch basin and catch basin connection has been properly installed, inspected and accepted by the Inspector.
(3) If the work is not accepted by the Inspector, the permittee shall make the trench safe, including plating in as required by the DOT or other entity having jurisdiction.
§ 31-06 Tree plantings adjacent to existing water and sewer infrastructure.
(a) Specific requirements. When planting trees, the separation distance shall not be less than:
(1) six feet center to center from distribution mains;
(2) eight feet center to center from mains greater than twenty inches in diameter; or
(3) four feet from the sheeting area for sewers.
§ 31-07 Inspections.
(a) General Requirements.
(1) All sewer connections, including new connections, relays/repairs, plugs, catch basin and catch basin connections, and seepage basins shall be inspected and approved by an Inspector.
(2) A permittee shall be granted an inspection one business day following the request for such inspection.
(3) Prior to commencing excavation for sewer connections, the permittee shall verify that the sewer or drain is not surcharged, obstructed, or damaged. If the sewer is surcharged, obstructed, or damaged, the permittee shall not perform any work and shall immediately notify the DEP.
(4) No sewer connection or related work shall be inspected or approved by an Inspector unless the trench is open for any length of previously un-inspected work and all pipes, joints, and related work are visible. A suitable ladder affording safe access for such inspection shall be provided by the permittee. Trenches must conform to all applicable Rules, Regulations and laws regarding safety.
(5) An Inspector is required to be present during any drill-in to a sewer or drain.
(6) Any trench backfilled without completed inspection shall be re-excavated to the degree necessary as determined by the Inspector.
(7) Inspections will be conducted Monday through Friday (except on holidays) between the hours of seven (7) A.M. and four (4) P.M. Exceptions to this requirement may be granted upon traffic and work stipulations set forth by the DOT or other entity having jurisdiction or for other unforeseen circumstances, at the discretion of the DEP.
(8) No inspection shall be performed unless all permits and appropriate documentation required by the DEP are displayed at the work site. Such documentation shall include:
(i) the certified house connection proposal or certified site connection proposal, with all pertinent supporting documents where required;
(ii) the approved permit application and sewer connection permit;
(iii) the street opening permit from the DOT or other entity having jurisdiction, and when a Builder’s Pavement Plan has been required, an approved copy thereof;
(iv) all approved shop drawings;
(v) all Mayor’s Traffic Construction Coordination Committee traffic stipulations, where weekend and/or night work is scheduled; and
(vi) all applicable notarized affidavits regarding the reuse of existing connections.
(1) A certificate of inspection shall be issued for each permit granted by the DEP upon: (i) successful completion of an inspection; and
(ii) compliance with all applicable requirements in 15 RCNY §§ 31-04, 31-05, and 31-07.
(2) For sewer certifications with multiple permits, a certificate of inspection shall be issued for each unit.
(3) No certificate of inspection shall be issued unless all sewer work shown on the certified house connection proposal or site connection proposal has been completed and inspected.
§ 31-08 Repair Order.
(a) General Requirements.
(1) When a sewer house connection, private pumping station, private sanitary ejector, private sanitary force main house connection, or a private force main is found to be leaking, inoperative or defective at a particular premises, the DEP shall issue a repair order to the Owner of such premises. The repair order shall instruct the Owner to make all necessary repairs and otherwise comply with the requirements of such order within 30 days of the date of issuance of such order, except when the DEP determines that there is an immediate danger to public health, property or to the environment, in which case such order may provide that repairs shall be made immediately upon issuance of such order. For purposes of this section, “ejector” shall mean a mechanical device used to pump or eject sewage.
(2) If the Owner has not complied with the repair order in the period allowed, the DEP shall shut off the water service tap/wet connection of the premises. All repair work concerning a sewer connection shall be performed by a Licensed Master Plumber, as provided herein.
(3) If an Owner believes that a repair order has been issued in error or that exigent circumstances exist such that shutting off the tap/wet connection of the premises would result in extreme hardship, the Owner may apply by letter to the Commissioner who shall make a final determination as to whether the repair order was issued in error or whether exigent circumstances exist warranting an abeyance of issuance of the repair order.
(4) A Licensed Master Plumber shall obtain a sewer connection repair permit prior to performing work pursuant to a repair order on a sewer connection or in compliance with 15 RCNY §§ 31-04(a)(4) and 31-08(a). Upon completion of all necessary repairs by the Licensed Master Plumber and approval by the DEP, a Licensed Master Plumber shall obtain a tap/wet connection permit to restore the water service.
(5) When the water service is shut off by the DEP, the Owner must engage a Licensed Master Plumber to assume responsibility for the excavation over the tap or wet connection. If the Owner fails to engage a Licensed Master Plumber, the water service will remain shut off, the excavation will be backfilled, and the street will be properly restored.
§ 32-01 Conduct of Adjudicatory Hearings by the Department of Environmental Protection.
Pursuant to the New York City Charter, §§ 1041, 1046 - 1048, the Department of Environmental Protection has determined that the following adjudications shall continue to be conducted by the Department:
§ 32-02 Hearing Procedures.
(a) The Hearing Procedures in this 15 RCNY § 32-02 shall apply to the hearings referred to in 15 RCNY § 32-01.
(1) All parties shall be given reasonable notice of the hearing, including a statement of the nature of the proceeding and the time and place it will be held, a statement of the legal authority and jurisdiction under which the hearing is to be held, and a reference to the particular section of the law and rules involved, and a short statement of the matters to be heard, including reference to the particular law and rules involved.
(2) The party who initiated the Proceeding has the burden of proving the facts claimed by a preponderance of the relevant evidence.
(3) All parties shall be afforded due process of law, including the opportunity to be represented by counsel, to issue subpoenas or request that subpoenas be issued to call witnesses, to examine and cross-examine witnesses, to make factual or legal arguments orally or in writing, to present evidence in support of their claims and to have other rights essential for due process and a fair hearing.
(4) Testimony given and other proceedings had at a hearing shall be recorded verbatim. For this purpose, the Department may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or recording devices.
(i) Depending on the means used, a copy of the Department’s transcription may be available at reasonable cost to the parties.
(ii) When such a copy will not be available, the parties may arrange for a transcript at their own expense.
(5) Translation services shall be made available for all hearings held under this chapter except for hearings regarding the possible suspension or revocation of an asbestos handler supervisor certificate or an asbestos investigator certificate, which shall be held in English only.
(1) The hearing officer shall have power to:
(i) rule upon motions and requests;
(ii) set the time and place of hearing;
(iii) administer oaths and affirmations;
(iv) summon and examine witnesses;
(v) admit or exclude evidence;
(vi) hear argument on facts or law;
(vii) do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing.
(2) The hearing officer shall admit all relevant, competent, and material evidence, except where such evidence is unduly repetitious, or where its value as proof is substantially outweighed by a potential for unfair prejudice, confusion of the issue, undue delay, waste of time or needless presentation of the repetitious or duplicative evidence. Adherence to the formal rules of evidence is not required.
(3) Report.
(i) The hearing officer shall prepare and submit a report to the Commissioner for her/his review, which shall contain proposed findings of fact and recommended decisions.
(ii) Such report shall be submitted within thirty (30) business days of the close of the record.
(1) Within a reasonable time after receipt of the hearing officer’s report, the Commissioner, or his/her designee, shall make a final determination, based on the hearing officer’s report and on the record.
(2) A copy of the final determination and order shall be served personally or by certified or registered mail or by email to an address supplied by any party at the hearing with the written consent of such party, or, when applicable, in accordance with §§ 24-115 or 24-213 of the Administrative Code of the City of New York, to all parties to the proceeding.
(3) At any time prior to the issuance of the final determination of the Commissioner, or his/her designee, the Department may enter into a stipulation or consent order with any party. Such a stipulation or consent order may be used as factual evidence in a later proceeding brought by the Department against such party.
§ 32-03 Conduct of Adjudicatory Hearings by the Office of Administrative Trials and Hearings.
New York City Department of Environmental Protection hearings regarding the fitness and discipline of agency employees will be conducted by the Office of Administrative Trials and Hearings. After conducting a hearing and analyzing all testimony and other evidence, the hearing officer shall make written proposed findings of fact and recommend decisions, which shall be reviewed and finally determined by the Commissioner.
§ 33-01 Sale of Liens Arising from Outstanding Water and Wastewater Charges.
Please refer to the New York City Water Board Water and Wastewater Rate Schedule, Part VIII – Collection Enforcement, Section 1, Sale of Liens Arising from Outstanding Water and Wastewater Charges.
§ 33-02 Installment Agreements.
(a) Generally. A property owner may enter into an installment payment agreement with the Department of Environmental Protection or the Water Board for delinquent charges. Please refer to the New York City Water Board Water and Wastewater Rate Schedule, Part VIII – Collection Enforcement, Section 4, Installment Payment Agree- ments.
(1) Definition of default: Please refer to the New York City Water Board Water and Wastewater Rate Schedule, Part VIII – Collection Enforcement, Section 4, Installment Payment Agreements.
(2) Consequences of default; cure of default: Please refer to the New York City Water Board Water and Wastewater Rate Schedule, Part VIII – Collection Enforcement, Section 4, Installment Payment Agreements.
(3) Bar from executing future installment agreements: Please refer to the New York City Water Board Water and Wastewater Rate Schedule, Part VIII – Collection Enforcement, Section 4, Installment Payment Agreements.
(4) “Extenuating circumstances” in which default in an installment agreement would be forgiven:
(i) “Extenuating circumstances” shall mean (1) the death of the signatory to the agreement, of any person named on the deed for the property or of a contributing household member, (2) a loss of income to the signatory, to any person named on the deed for the property or to a contributing household member due to his or her involuntary absence from the property for any consecutive period of six months or more for treatment of an illness, for military service, or pursuant to a court order, that results in a default of the agreement or inability to cure the default prior to the date of sale of the tax lien or tax liens or (3) a loss of income to the signatory to the agreement, to any person named on the deed for the property or to a contributing household member due to his or her unemployment for any consecutive period of six months or more that results in a default of the agreement or inability to cure the default prior to the date of sale of the tax lien or tax liens.
(ii) For purposes of this paragraph, “contributing household member” shall mean any person eighteen years of age or older who has lived in the property that is the subject of the installment agreement at least since the execution of the agreement and has paid household expenses since the execution of the agreement in an amount equal to at least fifty percent of each installment amount due under the agreement.
(iii) An application for a finding of extenuating circumstances may be made only on a form prepared by the Commissioner of Environmental Protection or his or her designee and shall include a certification by the applicant that extenuating circumstances exist. The Department of Environmental Protection may require additional documentation to support a claim of extenuating circumstances by a property owner. If the Department of Environmental Protection determines that the applicant has provided inaccurate information in the application, any installment agreement entered into based on the finding of extenuating circumstances shall be revoked and the property owner shall not be eligible to enter into an installment agreement with the department for the subject property for five years from the date of sale. The determination on an application for a finding of extenuating circumstances or on the accuracy of such application will be made by the Bureau of Customer Services of the Department of Environmental Protection. If the application is denied or if the information in the application is determined to be inaccurate, the property owner may appeal the determination within 30 days to the Commissioner of Environmental Protection or his or her designee.
(iv) No signatory to an installment agreement who has defaulted on such agreement and who, as a result of a finding of extenuating circumstances, has been allowed to enter into a second installment agreement for the subject property, shall be eligible to enter into any subsequent agreement on the subject property by applying for a finding of extenuating circumstances for the default of such second installment agreement. The same restriction shall apply to any other person whose change of circumstances was the basis, in whole or in part, for the original finding of extenuating circumstances.
§ 33-03 Complaint Resolution and Appeal Process.
Please refer to the New York City Water Board Water and Wastewater Rate Schedule, Part IX – Customer Account Information and Complaint Resolution, Section 2, Complaint Resolution and Appeal Process for existing procedures governing challenges to the validity of any sewer rent, sewer surcharge, or water rent charge.
§ 34-01 General Provisions.
This chapter establishes fees pursuant to Chapter 1 of Title 24 of the Administrative Code (the “Air Code”).
§ 34-02 Definitions.
All terms shall have the same meaning as the definitions set forth in section 24-104 of the Administrative Code.
§ 34-03 Registration Fees.
The fee for a new registration or registration renewal is as follows:
| Input in MMBTU/HR | Fee No.2 FUEL OIL &/Or NATURAL GAS | Fee No.4 FUEL OIL ONLY OR #4 FUEL OIL & NATURAL GAS |
|---|---|---|
| 0.35 to less than 1.0 | $110 | $110 |
| 1 to less than 2.8 | $190 | $345 |
| 2.8 to less than 4.2 | $345 | $345 |
~
(2) The fee for each field re-inspection required because of a notice of disapproval for a major deficiency shall be equal to the fee required in paragraph (1) of this subdivision for those boilers and water heaters 2.8 to less than 4.2 MMBTU/HR.
(3) There shall be an additional fee imposed for each registration issued or renewed on the basis of a notarized affidavit supplied in response to a notice of disapproval for a minor deficiency issued after a field inspection shall be equal to fifty percent of the fee required in paragraph (1) of this subdivision for those boilers and water heaters 2.8 to less than 4.2 MMBTU/HR.
| Output in KW | Fee |
|---|---|
| 40 to less than 100 | $110 |
| 100 to less than 280 | $190 |
| 280 to less than 450 | $345 |
~
For higher outputs, see subdivision (h) of 15 RCNY § 34-04.
| Output in HP | Fee |
|---|---|
| 50 to less than 135 | $110 |
| 135 to less than 375 | $190 |
| 375 to less than 600 | $345 |
~
For higher outputs, see subdivision (i) of 15 RCNY § 34-04.
| Total Heat Input in MMBTU/HR | Fee |
|---|---|
| 0.35 to less than 1.0 | $110 |
| 1 to less than 2.8 | $190 |
| 2.8 to less than 4.2 | $345 |
~
| Emission in CFM | Fee |
|---|---|
| 100 To 2,000 | $250 |
~
Editor’s note: the fee in 15 RCNY § 34-03(i) above is presented herein exactly as promulgated by DEP Rule effective 3/29/2016.
§ 34-04 Fees for Work Permits and Certificates of Operation.
The fee for a new work permit required under section 24-121 of the Air Code, or for a new certificate of operation required under section 24-122 of the Air Code, or for a renewal of a certificate of operation, is as follows:
| Input in MMBTU/HR | Fee |
|---|---|
| 4.2 To Less Than 10 | $345 |
| 10 To Less Than 20 | $470 |
| 20 To Less Than 35 | $595 |
| 35 To Less Than 50 | $700 |
| 50 To Less Than 70 | $830 |
| 70 To Less Than 100 | $940 |
| 100 To Less Than 140 | $1,440 |
| 140 Or More | $1,440 plus $125 per additional 10 MMBTU/HR Or Fraction Thereof Not To Exceed $ 10,000. |
~
| Input in MMBTU/HR | Fee |
|---|---|
| 4.2 To Less Than 7 | $470 |
| 7 To Less Than 14 | $595 |
| 14 To Less Than 21 | $700 |
| 21 To Less Than 28 | $830 |
| 28 To Less Than 35 | 940 |
| 35 To Less Than 42 | $1,440 |
| 42 Or More | $1,440 plus $125 per additional 10 MMBTU/HR Or Fraction Thereof Not To Exceed $10,000. |
~
For boiler using both fuel oil and natural gas, the fee imposed will be based on the grade of fuel oil used.
| Emission in CFM | Fee |
|---|---|
| 2,001 thru 5,000 | $250 |
| 5,001 Thru 20,000 | $470 |
| 20,001 Thru 50,000 | $700 |
| 50,001 Thru 100,000 | $940 |
| 100,001 Or More | $1,405 |
~
| Emission in CFM | Fee |
|---|---|
| 5,000 Or Less | $280 |
| 5,001 Thru 20,000 | $525 |
| 20,001 Thru 50,000 | $795 |
| 50,001 Thru 100,000 | $1,060 |
| 100,001 Or More | $1,580 |
~
| Emission in CFM | Fee |
|---|---|
| 5,000 Or Less | $315 |
| 5,001 Thru 20,000 | $590 |
| 20,001 Thru 50,000 | $875 |
| 50,001 Thru 100,000 | $1,175 |
| 100,001 Or More | $1,750 |
~
| Total Heat Input in MMBTU/HR | Fee |
|---|---|
| 4.2 to less Than 10 | $345 |
| 10 To Less Than 20 | $470 |
| 20 To Less Than 35 | $595 |
| 35 To Less Than 50 | $700 |
| 50 To Less Than 70 | $830 |
| 70 To Less Than 100 | $940 |
| 100 To Less Than 140 | $1,440 |
| 140 Or More | $1,440 plus $125 per additional 10 MMBTU/HR Or Fraction Thereof Not To Exceed $10,000. |
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| Output in KW | Fee |
|---|---|
| 450 to less than 1,000 | $345 |
| 1,000 to less than 2,000 | $470 |
| 2,000 to less than 3,500 | $595 |
| 3,500 to less than 5,000 | $700 |
| 5,000 to less than 7,000 | $830 |
| 7,000 to less than 10,000 | $940 |
| 10,000 to less than 14,000 | $1,440 |
| Over 14,000 | $1,440 plus $125 per additional 1,000 KW Or Fraction Thereof Not To Exceed $10,000. |
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| Output in HP | Fee |
|---|---|
| 600 to less than 1,340 | $345 |
| 1,340 to less than 2,680 | $470 |
| 2,680 to less than 4,695 | $595 |
| 4,695 to less than 6,705 | $700 |
| 6,705 to less than 9,385 | $830 |
| 9,385 to less than 13,410 | $940 |
| 13,410 to less than 18,775 | $1,440 |
| Over 18,775 | $1,440 plus $125 per additional 1,350 HP Or Fraction Thereof Not To Exceed $10,000. |
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| Cross Section of Chamber in SF | Fee |
|---|---|
| 8 Or Less | $300 |
| 8.1 Through 25 | $475 |
| 25.1 Through 50 | $750 |
| 50.1 Through 75 | $1,500 |
| 75.1 Or More | $2,400 |
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§ 34-05 Fees for Equipment Approvals.
The fees for equipment approvals are as follows:
§ 34-06 Asbestos Fees.
(a) An asbestos project notification (Form ACP7) shall be submitted with the following filing fee:
| Project Size in LF or SF | Fee |
|---|---|
| 26 to 99 LF or 11 to 49 SF | $200 |
| 100 to 259 LF or 50 to 159 SF | $400 |
| 260 to 999 LF or 160 to 999 SF | $800 |
| 1,000 LF or 1,000 SF or more | $1,200 |
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| Project Size in LF or SF | Fee |
|---|---|
| More than 25 to 99 LF or More than 10 to 49 SF | $100 |
| 100 to 259 LF or 50 to 159 SF | $300 |
| Large projects up to 1,000 LF or SF | $500 |
| 1,000 to 4,999 LF or SF | $700 |
| 5,000 to 9,999 LF or SF | $1,100 |
| 10,000 or More LF or SF | $1,300 |
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| Type of Certificate | Fee |
|---|---|
| Restricted Asbestos Handler | $50 |
| Asbestos Handler | $100 |
| Asbestos Handler Supervisor | $100 |
| Investigator | $250 |
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(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e) below: $400 fee.
(2) For each additional subsection in any category listed in subsection (e): $200 fee.
(3) The maximum fee: $1,200.
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e): $600.
(2) For each additional subsection in any category listed in subsection (e): $300.
(3) The maximum fee: $1,800.
| CATEGORY | NYC Asbestos Control Program Section #s | 12 NYCRR Part 56 Section #s |
|---|---|---|
| Air Monitoring | 31-45 | 56-4, 6 |
| Materials and Equipment | 61 | 56-7 |
| Work Place Preparation | 81-84 | 56-7 |
| Work Place Procedures | 91-94 | 56-7 |
| Abatement Procedures | 101-110 | 56-8 |
| Clean-up Procedures | 111-112 | 56-9 |
| Pre-Demolition | 120-129 | — |
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§ 35-01 Definitions.
"Certificate of completion" means any license, certificate, diploma or other NYC Department of Environmental Protection approved documentation indicating that the applicant has satisfactorily completed department approved training programs or courses by a department approved training provider or providers.
“Master environmental hazard remediation technician” means a person registered with the NYC Department of Environmental Protection after successfully presenting to the commissioner current documentation of having completed required environmental remediation training programs or courses from a department approved training provider as demonstrated by a certificate of completion.
“Training provider” means training programs or courses approved by the department covering topics identified in section 24-1002 of the administrative code conducted by any entity approved by the NYC Department of Environmental Protection, including but not limited to: a registered New York State Department of Labor apprenticeship program, an educational institution or school chartered, licensed, or registered by the New York state education department, or the institute of inspection, cleaning, and restoration certification. Each program or course must be offered by an instructor or institution authorized by the appropriate governing authority to conduct such training.
§ 35-02 Requirements for Registration.
(a) For an applicant to be eligible to become a master environmental hazard remediation technician, he/she must meet all of the qualifications set forth in section 24-1002(a) of the administrative code.
(1) Names of Training Providers.
(2) Names of Training Programs or Courses Completed.
(3) Number of Hours Attended Programs or Courses.
(4) Certificates of Completion.
§ 35-03 Expiration Date.
A master environmental hazard remediation technician registration shall expire four years from the applicant’s most recent birthday at the time the application is submitted.
§ 35-04 Fees for Registration.
(a) The fee to register with the department as a master environmental hazard remediation technician shall be $375.
§ 35-05 Effect of Certification.
The program covered by these rules is a voluntary registration program. Registration as a Master Environmental Remediation Technician does not replace any license, permit or certification required by any federal, state or local law or rules for the work referenced by such registration and a person who is not registered as a Master Environmental Remediation technician may perform any work otherwise authorized by law as if this program were not in effect. Registration pursuant to this program is based on documentation provided by the applicant. The department does not independently verify such documentation or the qualifications of registrants to perform the work referenced by such registration.
§ 36-01 Definitions
As used in this Chapter, the following terms are defined as follows:
§ 36-02 Certification of Cure – Violation of Section 24-165
(a) Pursuant to subdivision g of § 24-165 of the Code, the Commissioner may recommend to the Board that no civil penalty be imposed for a first violation of such section provided that, within 45 days after the return date, the respondent admits liability and files a certification with the Department containing the information and documentation prescribed in subdivision b of this section.
(1) A certification that the air contaminant recorder is functioning properly and is in compliance with § 24-165 of the Code; and
(2) A description of the work that was done to bring the device into compliance.
§ 36-03 Certification of Cure – Violation of Section 24-166.
(a) Pursuant to subdivision (c) of § 24-166 of the Code, the Commissioner may recommend to the Board that no civil penalty be imposed for a first violation of such section provided that, within 45 days after the return date, the respondent admits liability and files a certification with the Department containing the information and documentation prescribed in subdivision b of this section.
(1) A certification that the combustion shutoff is functioning properly and is in compliance with § 24-166 of the Code; and
(2) A description of the work that was done to bring the device into compliance.
§ 36-04 Certification of Cure – Violation of Section 24-227.
(a) Pursuant to paragraph (d) of § 24-227 of the Code, the Commissioner may recommend to the Board that no civil penalty be imposed for a first violation of such section provided that, within 45 days after the return date, the respondent admits liability and files a certification with the Department containing the information and documentation prescribed in subdivision b of this section.
(1) A certification that the circulation device is in compliance with the sound levels set forth in § 24-227 of the Code;
(2) A description of all permanent improvements and modifications made to achieve compliance with such sound levels, including but not limited to, the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials, and diagrams of such work, together with copies of all bills and receipts for such work; and
(3) All sound level measurements taken at a location within the two closest receiving properties abutting the establishment and/or in a location specified by the Department. If there is difficulty gaining entry to any receiving property, the Department must be informed and will set an alternate location. All such measurements must be performed by a noise consultant or contractor. In the alternative, the respondent may request the Department to take measurements.
§ 36-05 Effect of Certification.
Before the Commissioner recommends that no civil penalty be imposed for a first violation pursuant to 15 RCNY § 36-02, 36-03, or 36-04, the Department may independently verify the documentation submitted by a respondent or the qualifications of the licensed oil burner installer, consultant, or contractor who performs the required corrective measures.
§ 37-01 Definitions.
Catalytic Oxidizer. “Catalytic Oxidizer” means an emissions control device which burns or oxidizes smoke and gases from the cooking process into carbon dioxide and water, using an infrastructure coated with a noble metal alloy.
Chain-driven commercial char broiler. “Chain-driven commercial char broiler” means a commercial char broiler that is a semi-enclosed cooking device with a mechanical chain that automatically moves food through the device.
Commercial char broiler. “Commercial char broiler” means a device that consists primarily of a grated grill and a heat source and that is used to cook meat, including beef, lamb, pork, poultry, fish, and seafood, for human consumption at a food service establishment, as such term is defined in 24 RCNY Health Code § 81.03.
Electrostatic Precipitator (ESP). “Electrostatic Precipitator (ESP)” means a filtration device that removes fine particles, like dust and smoke, from a flowing gas using the force of an induced electrostatic charge minimally impeding the flow of gases through the unit. An ESP is a type of emissions control device.
Emissions Control Device. “Emissions control device” means equipment that is installed on a commercial char broiler to reduce particulate matter emissions.
Existing. “Existing” means installed before May 6, 2016.
Meat. “Meat” means tissue of an animal body that is used for food and includes, but is not limited to, beef, lamb, pork, poultry, fish, or seafood.
New. “New” means installed on or after May 6, 2016.
Particulate Matter. “Particulate Matter” or “PM” means any air or gas-borne material, except water, that exists as a liquid or solid.
Under-fired commercial char broiler. “Under-fired commercial char broiler” means a commercial char broiler that has a grill, a high temperature radiant surface, and a heat source that is located below the food.
Week. “Week” means a period of 7 consecutive days starting on Sunday, unless a different start day is specified in the registration filed pursuant to section 24-109 of the Administrative Code.
§ 37-02 Requirements for Emissions Control Devices to Reduce Emissions from Existing or New Chain-Driven Commercial Char Broilers and New Under-Fired Commercial Char Broilers.
(a) No person shall operate any new or existing chain-driven commercial char broiler to cook more than 875 pounds of meat per week unless a flameless catalytic oxidizer or other emissions control device that has been tested and certified in accordance with 15 RCNY §§ 37-05 and 37-06 has been installed. Such emissions control device must reduce the chain-driven commercial char broiler's baseline PM10 emissions, including condensable PM, at a reduction rate of 75% or greater.
§ 37-03 Emissions Control Device Maintenance.
(a) Any emissions control device installed and/or operated under this chapter shall be operated, cleaned, and maintained in accordance with the manufacturer's specifications.
§ 37-04 Records.
(a) Recordkeeping.
(i) Effective May 6, 2016, any person operating a new under-fired commercial char broiler or an existing or new chain-driven commercial char broiler used to cook 875 pounds or less of meat per week, must maintain records showing the amount of meat purchased per month.
(ii) Effective May 6, 2016, any person operating a new under-fired commercial char broiler or an existing or new chain-driven commercial char broiler used to cook more than 875 pounds of meat per week must maintain records regarding the date of installation, replacement and maintenance of any emissions control device installed to abate emissions from the char broiler.
(iii) For purposes of this subdivision, maintenance includes, but is not limited to, preventative maintenance, breakdown repair, and cleaning performed on the emissions control device. The records must include the date, time, and a brief description of the work.
§ 37-05 Certification of Emissions Control Devices.
The manufacturer or owner of an emissions control device may seek department certification by submitting documentation from an independent testing laboratory that tests in accordance with an EPA accredited laboratory testing method that the emissions control device has been tested in accordance with the applicable procedures set forth in 15 RCNY § 37-06 and that such device meets the requirements of 15 RCNY § 37-02. Such documentation must be submitted in accordance with the requirements of 15 RCNY § 37-06(c). The department will maintain a list of approved certified emissions control devices for use with particular models of commercial char broilers on the department’s website and will update the list periodically as necessary.
§ 37-06 Protocols for Testing Emissions Control Devices.
(a) Protocols for Testing Emissions Control Devices on Chain-Driven Commercial Char Broilers.
(i) Laboratory testing must be performed on an emissions control device that is installed on a chain-driven commercial char broiler per manufacturer’s specifications. ASTM International Standard Test Method F 2239-10 must be followed using heavy load cooking tests and careful attention must be given to the following specifications as set forth in greater detail in such test method:
a. The chain-driven commercial char broiler must be positioned such that a minimum of 6 inches is maintained between the edge of the hood and the vertical plane of the front and sides of the appliance.
b. The patties must consist of 18-22% fat by weight and 58-62% moisture. The patties must be shaped into 0.375 inch thick round patties of 5 inch diameter. The fat and moisture content of the patties must be verified in accordance with the laboratory procedures set forth in the Association of Official Analytical Chemists Official Actions 960.39 and 950.46B.
c. Patties must be loaded, cooked, and removed in accordance with Section 10 of ASTM International Standard Test Method F2239-10 using heavy load conditions.
(ii) Emissions testing for filterable and condensable particulate matter must be performed following EPA Method 5, Appendix A-3 to 40 C.F.R. Part 60, or EPA Method 202, Appendix M to 40 C.F.R. Part 51, or South Coast Air Quality Management District Method 5.1. During each test, samples must be collected from the outlet of the control.
(i) Laboratory testing must be performed on an emissions control device that is installed on an under-fired commercial char broiler per manufacturer’s specifications. ASTM International Standard Test Method F 1695-03 must be followed using heavy load cooking tests and careful attention must be given to the following specifications as set forth in greater detail in such test method:
a. The exhaust hood must have the capacity to operate at a nominal net exhaust ventilation rate of 400 cubic feet per minute (cfm) for each linear foot of active hood length. The hood must extend over the surface of the under-fired commercial char broiler by at least 6 inches in the front and sides.
b. The under-fired commercial char broiler must be warmed up for a minimum of 30 minutes before testing and the controls must be set to operate at a maximum temperature of 600 degrees Fahrenheit, with a cooking energy rate established at this setting.
c. Pure beef, finished grind hamburgers of 0.33 lbs each must be cooked on the under-fired commercial char broiler during testing. The patties must be shaped into 0.625 inch thick round patties of 5 inch diameter.
d. The patties must consist of 18 - 22% fat by weight and 58 - 62% moisture.
e. The fat and moisture content of the patties must be verified in accordance with the laboratory procedures set forth in the Association of Official Analytical Chemists Official Actions 960.39 and 950.46B.
f. Hamburger patties must be loaded, cooked, and removed in accordance with Section 10 of ASTM International Test Method F1695-03 using heavy load conditions.
(ii) Emissions testing for filterable and condensable particulate matter must be performed following EPA Method 5, Appendix A-3 to 40 C.F.R. Part 60, or EPA Method 202, Appendix M to 40 C.F.R. Part 51, or South Coast Air Quality Management District Method 5.1. During each test, samples must be collected from the outlet of the control.
a. Name and address of the manufacturer of the commercial char broiler, brand name, trade name, model number of the commercial char broiler, any accoutrements installed to enhance or support the operation of the emissions control device, the maximum air flow rate, and other relevant operating conditions during the test, as specified by the department.
b. A description of the emissions control device used on the commercial char broiler model being certified.
c. A statement that testing has been conducted in accordance with the requirements of this section.
§ 38-01 Definitions.
Access point means that which enables a device, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel, door or similar obstruction.
Air filtration device means a device composed of fibrous materials which removes solid particulates.
CFM means cubic feet per minute.
Cook stove means any wood fired or anthracite coal fired appliance used primarily for cooking food for onsite consumption at a food service establishment, as such term is defined in 24 RCNY Health Code § 81.03.
Discharge point means the point at which particulate matter is released from a stack into the open air.
Electrostatic Precipitator (ESP) means a filtration device that removes fine particles, like dust and smoke, from a flowing gas using the force of an induced electrostatic charge minimally impeding the flow of gases through the unit. An ESP is a type of emissions control device.
Emissions control device means equipment that is installed on a cook stove to reduce particulate matter emissions.
Existing means installed before May 6, 2016.
New means installed on or after May 6, 2016. NFPA means National Fire Prevention Association.
Optical particle counter means an instrument based on the principle of light scattering from particles. It is a real time instrument that is used to measure particles above 0.05 micrometers in diameter.
Particulate matter or PM means any air or gas-borne material, except water, that exists as a liquid or solid.
Peak load means the addition of twenty percent to the amount of solid fuel that is normally used for cooking in the cook stove.
RH correction function means a function related to relative humidity correction. When this function is enabled, the particle growth effect due to high humidity is corrected by computing the mass concentration based on the original dry environment particle population.
Smoke means small gas borne and airborne particulate matter arising from a process of combustion in sufficient quantity to be visible.
Stack means any duct, control equipment exhaust or similar apparatus, which vents gases and/or particulate matter into the open air.
Test port plate means a template cover that is designed to prevent any of the air stream from escaping when the existing access plate is removed and which has an opening for the test probe to fit securely.
Total suspended particulates (TSP) means small airborne particles with diameters measuring less than 100 micrometers.
Treated firewood shall have the same meaning as set forth in Subdivision 13 of Section 192.5 of Title 6 of the New York Code Rules and Regulations.
UL means Underwriters Laboratories. Wet scrubber system means any emission control device that mixes an aqueous stream or slurry with the exhaust gases from an indirect heat exchanger to control emissions of particulate matter (PM).
§ 38-02 Control Devices to Reduce Emissions from New Cook Stoves.
(a) No person shall install a new cook stove without installing an emissions control device that is either a wet scrubber, electrostatic precipitator, or air filtration device as follows:
(1) The emission control device must reduce total PM by 75 percent or greater.
(2) Wet scrubbers and air filtration devices must comply with UL 1978 and be correctly sized for the cooking appliance as specified by the manufacturer of the cook stove.
(3) Electrostatic precipitators must comply with UL 867 or 710, must have a certificate of approval from the Fire Department, and must be correctly sized for the cooking appliance as specified by the manufacturer.
(1) Cook stoves must comply with all applicable laws and rules, including applicable provisions in the New York City Construction Codes, New York City Fire Code and Fire Department rules.
(2) Only treated firewood, as defined in this rule, shall be used in any new cook stove where the fuel source for the cook stove is wood.
(1) Field Testing.
i. Emissions reduction standard. Field test data must show that the emissions control device has reduced the cook stove’s total PM emissions by 75 percent or more.
ii. General Requirements. Field testing shall be performed during peak load, using an Optical Particle Counter for Total Suspended Particulates (TSP). Peak load assumes that unburnt wood is introduced at the start of the testing and that the same composition of unburnt wood and embers is maintained during the testing. Sampling shall be performed with the emissions control device on and off.
iii. Air Filtration Devices and ESPs.
A. For air filtration devices and ESPs, readings must be taken from within the clean out access point downstream of the device, or at the discharge point when the unit is on. When taking samples while the unit is off, samples may be taken upstream or downstream of the emissions control device.
B. Remove the access plate and replace with a test port plate and place the sampling probe inside a precut hole, or place the sampling probe directly within the discharge point.
C. Samples must be taken using the Optical Particle Counter (OPC), and shall be taken for ten minutes at 2 liters per minute pump speed, twice with the unit on and twice with the unit off. If the OPC is equipped with a filter assembly, a new glass fiber filter shall be used for each test. If the OPC is equipped with RH correction function, it should be enabled when the humidity is expected to exceed 50 percent.
iv. Wet Scrubbers.
A. For wet scrubbers, samples must be taken from within the clean out access point or discharge point.
B. Remove the access plate and replace with a test port plate and place the sampling probe inside through a precut hole, or place the sampling probe directly within the discharge point.
C. A 20 liter sample shall be drawn into a 37mm glass fiber filter. The sample should be drawn for ten minutes at 2 liters per minute pump speed, twice with the unit on and twice with the unit off. Filters should be changed for each test.
D. Except as otherwise expressly provided in this subparagraph (iv), samples shall be taken in accordance with the following Sections of NIOSH Method 0500, Issue 2, August 15, 1994: “Equipment” Section (except that a 37mm glass fiber filter should be used), “Preparation of Filters” Section, “Sampling” Section (except that the total sample volume shall be 20 liters), and “Sample Preparation” Section.
E. The filters must then be collected and the weight of the filters shall be determined by an Industrial Hygienist in an Environmental Protection Agency (EPA) accredited laboratory.
(2) Laboratory Testing. Laboratory testing shall be performed in a National Environmental Laboratory Accreditation Conference (NELAC) or New York State Department of Health Environmental Laboratory Approval Program (ELAP) certified laboratory and shall follow EPA Method 5, Appendix A-3 to 40 C.F.R. Part 60, or EPA Method 202, Appendix M to 40 C.F.R. Part 51, for particulate matter. During each test, samples must be collected from the outlet of the control device. Laboratory test data must show that the emissions control device has reduced the cook stove’s total PM emissions by 75 percent or more.
(1) The results of the testing required by this Section must be submitted on forms prescribed by the department available on the department’s website and must include the following information:
i. Name and address of the manufacturer of the cook stove, brand name, trade name, model number of the cook stove, any additional equipment installed to enhance or support the operation of the emissions control device, the maximum air flow rate, and other relevant operating conditions during the test, as specified by the department.
ii. A description of the emissions control device used on the cook stove model being certified.
iii. A statement that testing has been conducted in accordance with the requirements of this section.
(2) Additional reporting requirements for field testing conducted in accordance with paragraph one of subdivision c of this section. For air filtration devices and ESPs, the installer of the emissions control device must submit a print out to the Department with the readings of Total Suspended Particulates (TSP), and also submit pictures of the filter with the unit on and off. For wet scrubbers, complete laboratory results shall be submitted to the Department to document the reduction in PM.
§ 38-03 Emissions Control Device Maintenance.
(a) Any emissions control device installed or operated under this chapter shall be operated, cleaned, and maintained in accordance with the manufacturer's specifications.
§ 38-04 Emissions Control Device Certification.
(a) The manufacturer of an emissions control device may seek department certification by submitting documentation that field testing has been conducted in accordance with the applicable procedures in 15 RCNY § 38-02(c)(1) and that such device meets the requirements of 15 RCNY § 38-02. Such documentation must be submitted in accordance with the requirements of 15 RCNY § 38-02(d).
§ 38-05 Records.
(a) Recordkeeping.
(1) On or after the effective date of this section, any person who owns or operates a new cook stove must maintain records showing all maintenance work performed on the emissions control device, including the date, time, and a brief description of maintenance work performed.
(2) On or after the effective date of this section, any person who owns or operates a new cook stove must maintain records regarding the date of installation and replacement of any emissions control device installed.
(3) For purposes of this subdivision, maintenance includes, but is not limited to, preventative maintenance, breakdown repair, and cleaning performed on the emissions control device
§ 39-01 Definitions.
Marginal Street. “Marginal street” shall have the meaning set forth in 34 RCNY § 4-01.
Street. “Street” shall have the meaning set forth in subdivision 13 of § 1-112 of the Administrative Code of the City of New York, except that for the purposes of this rule “street” shall include “marginal streets”.
§ 39-02 Adjacent to Any Public or Non-Public School.
"Adjacent" shall mean on each and every street on which a school is located and has entrances and/or exits to such street. School shall include any building or structure, playground, athletic field or other property that is part of the school.
§ 40-01 Definitions. [Repealed]
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§ 40-02 Filing and Recordkeeping Requirements. [Repealed]
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§ 42-01 Fee for CEQR Applications.
Except as specifically provided in this section, every application made pursuant to Executive Order 91 on or after July 18, 1988 shall include a non-refundable fee which shall be submitted to Land Use Review-Central Intake, 2E, 22 Reade Street, New York, New York 10007-1216, and shall be in the form of a check or money order made out to the “Department of City Planning.” The fee for an initial application shall be as prescribed in the following Schedule of Charges. The fee for any formal modification of an application shall be ten percent of the amount prescribed in the schedule of charges for an initial application, except that the fee for any formal modification which increases the square footage of the project by more than 30 percent shall be equal to the fee for an initial application for such additional square footage. Agencies of the federal, state or city governments shall not be required to pay fees nor shall any fees be charged if the owner of the building or property affected is a corporation or association organized and operated exclusively for religious, charitable, or educational purposes, or for one or more such purposes, no part of the earnings of which insures to the benefit of any private shareholder or individual, and provided that the property affected is to be used exclusively by such corporation or association for one or more of such purposes. In addition, for applications made on or after July 1, 1987, no fees shall be charged for the project, or such portion thereof, if the Director of the Mayor’s Office of Housing Coordination, or any individual succeeding such Director’s jurisdiction, certifies that the property affected, or such portion thereof, is to be used for the construction of housing affordable to low, moderate or middle income households. A fee abatement for a portion of such project shall be calculated upon the percentage of the square footage allocated to the affordable housing and shall proportionally reduce the standard fee attributable to the square footage of the entire project, including such affordable housing portion. In no event shall the portion allocated to the affordable housing part of a project be used to decrease the total project square footage so as to place the project into a lower fee category. Fees shall be paid when the application is filed, and these fees may not be combined in one check or money order with fees required pursuant to other land use applications submitted to the Department of City Planning or the City Planning Commission. No application shall be processed by the Department of City Planning or the Department of Environmental Protection until the fee has been paid and twenty-five copies of the application have been filed with the Department of City Planning.
§ 42-02 Schedule of Charges.
(a) Projects measurable in square feet (square footage of total project).
| Fee | |
|---|---|
| Less than 10,000 sq. ft. | $425.00 |
| 10,000 – 19,999 sq. ft. | $1,250.00 |
| 20,000 – 39,999 sq. ft. | $2,475.00 |
| 40,000 – 69,999 sq. ft. | $4,550.00 |
| 70,000 – 99,999 sq. ft. | $7,025.00 |
| 100,000 – 499,999 sq. ft. | $25,000.00 |
| over 500,000 sq. ft. | $43,000.00 |
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(Ex: bus franchises, renewals of special permits)…..$2,000.00
APPENDIX A NEW YORK CITY WATER BOARD, WATER AND WASTEWATER RATE SCHEDULE
APPENDIX B REGULATION NO. 1: REIMBURSEMENT RATES FOR METERS INSTALLED BY PROPERTY OWNERS UNDER THE PRIVATE INSTALLATION PROGRAM
APPENDIX C
§ 44-01 Definitions.
"Generator" means any internal combustion engine that operates as a mechanical or electrical power source.
“Kilowatt” means a unit of electrical power equal to one thousand watts.
§ 44-02 Test Procedures.
(a) Exemptions. The following generators are not subject to this rule's testing requirements: Generators that are (1) certified Tier IV as set forth in table one of 40 C.F.R. § 1039.101 or any subsequent United States environmental protection agency, and (2) newly installed and being registered for the first time.
(1) Stack Test Procedure.
(a) Generators must meet equivalent Tier IV particulate matter (PM) emissions standards established by the United States Environmental Protection Agency (EPA) as set forth in table one of 40 C.F.R. § 1039.101 or any subsequent United States EPA emissions standard for such generator that is at least as stringent.
(b) In order to demonstrate that the PM emissions from the stack of a generator meet the Tier IV PM emissions standard, testing must be performed by the equipment owner following EPA Method 5, titled “Determination of particulate matter emissions from stationary sources” (Appendix A-3 to 40 C.F.R. Part 60). The P.E. or R.A, must certify the stack test results.
(2) Smoke Test Procedure. A smoke test on a generator shall be performed in accordance with the procedures set forth in EPA Method 9, titled “Visual determination of the opacity of emissions from stationary sources” (Appendix A-4 to 40 C.F.R. Part 60). The test results shall indicate less than 20 percent opacity for any two consecutive minutes in any 60-minute period. The smoke test must be performed and certified by a qualified visible emissions evaluator.
(1) For generators that require a registration under section 24-109 of the Administrative Code (those stationary generators with an output from 40 kw to less than 450 kw and all emergency and portable generators with an output of 40 kw or greater), proof that the generator passed either a stack test using EPA Method 5 or a smoke test using EPA Method 9 must be submitted to the department upon request.
(2) For generators that require a certificate of operation under section 24-122 of the Administrative Code (those with an output of 450 kw or more), proof that the generator passed either a stack test using EPA Method 5 or a smoke test using EPA Method 9 must be submitted to the department with the application for an original inspection request to obtain the Certificate of Operation.
(3) Records of tests required by this rule shall be maintained by the equipment owner for five years.
§ 45-01 Abatement and Stop Work Orders Issued Pursuant to Sections 24-146 and 24-223.1.
(a) The department may issue an abatement order whenever it is found that work is being performed in violation of the provisions of subdivisions (a) through (f) of section 24-146 of the administrative code, or 15 RCNY Chapter 13, and that such work poses a threat to human health and safety. Such circumstances may include, but are not limited to causing or permitting the emission of dust as a result of the transportation or storage of any material that may generate dust, the construction or alteration of a building or its appurtenances or a road, the spraying of any insulating material in or upon any building or other structure during its construction, alteration or repair, or the causing or permitting a building or other structure to be demolished. Upon issuance of an abatement order, the activity giving rise to the violation shall immediately stop unless otherwise specified.
§ 45-02 Procedure to Appeal a Written Abatement Order Issued Pursuant to Section 24-146 or a Written Stop Work Order Issued Pursuant to Section 24-223.1.
(a) Notice and opportunity to be heard.
(1) The appeal shall be filed on a form to be prescribed by the department.
(2) Upon filing of an appeal, a hearing will be scheduled in accordance with the provisions of 15 RCNY Chapter 32. The hearing will be held within 14 days of the filing of the appeal.
(3) After the hearing, the department may lift the abatement or stop work order if it is determined that the order was not properly issued, or upon the submission of proof satisfactory to the commissioner that the requirements of such order have been satisfied.
§ 46-01 Scope.
These rules are applicable to all film and photography shoots and related activities conducted on properties and within facilities under the jurisdiction of, and with permission from, the Department of Environmental Protection that shall be authorized by a permit issued by the Mayor’s Office of Film, Theatre and Broadcasting. Nothing contained herein shall be construed to relieve an applicant from being required to comply with any other applicable law, rule or case law governing such activities.
§ 46-02 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
“Commissioner” means the Commissioner of the Department of Environmental Protection or his or her designee.
“Bureau of Public Affairs and Communications” or “BPAC” means the unit of DEP that, among other things, oversees the filming, photography and related activities that are conducted on properties and within facilities under the jurisdiction of DEP.
“Department” or “DEP” means the Department of Environmental Protection.
“Equipment” includes, but is not limited to, television, photographic, film or video cameras or transmitting television equipment, including radio remotes, props, sets, lights, electric and grip equipment, dolly tracks, screens, or microphone devices, and any and all production related materials. “Equipment” does not include (1) “hand-held devices,” as defined in 43 RCNY § 9-02 of the Mayor’s Office of Film, Theatre and Broadcasting (“MOFTB”) Film Permit Rules, and (2) vehicles, as defined in section one hundred fifty-nine of the New York Vehicle and Traffic Law, that are used solely to transport a person or persons while engaged in the activity of filming or photography from within such vehicle, operated in compliance with relevant traffic laws and rules.
“Filming” means the taking of motion pictures, the taking of still photography or the use and operation of television cameras or transmitting television equipment, including radio remotes and any preparatory activity associated therewith, and includes events that include, but are not limited to, the making of feature or documentary films, television serials, webcasts, simulcasts or specials.
“Holding” means the temporary accommodation of cast or crew members and other individuals associated with a production in a space in which filming is not taking place. “Holding” may include the space in which an independent company provides meals or catering services to cast or crew members and other individuals associated with a production.
“MOFTB Film Permit Rules” means the rules promulgated by the Mayor’s Office of Film, Theatre and Broadcasting (“MOFTB”), codified as 43 RCNY Chapter 9, as amended from time to time.
“Permittee” means the holder of a Required Permit issued by the Mayor’s Office of Film, Theatre and Broadcasting in accordance with 43 RCNY §§ 9-01 and 9-02.
“Photography” means the taking of moving or still images.
“Required Permit” means the permit for filming or photography issued by MOFTB in accordance with 43 RCNY §§ 9-01 and 9-02.
“Rigging/de-rigging” means the loading in or loading out, loading or unloading, of any shooting or production related equipment, including, but not limited to, props, sets, electric and grip equipment, at any location, time and date where film or production is not occurring. Such term has the same meaning as the commonly used term “prepping/ wrapping.”
“Scouting” means the act of viewing, assessing and photographing locations for filming or photography during pre-production or production for, including, but not limited to, still photography, feature films, television series, mini-series or specials.
“Shooting” means filming on properties, in the interiors or on exteriors of buildings or facilities under the jurisdiction of DEP.
§ 46-03 Pre-Production Scouting.
(a) Any person interested in conducting scouting-related activities on properties or within facilities under the jurisdiction of DEP must first contact BPAC for authorization and to make arrangements for such scouting.
§ 46-04 Required Documentation and Approvals from DEP.
(a) The following forms and documents, which are required for DEP review and approval prior to obtaining a Required Permit from MOFTB, must be submitted to BPAC prior to the start date of prepping or rigging for any filming and/or photography shoots:
(1) “Letter of Intent” in the form required by DEP, signed by the applicant, submitted to BPAC at least ten (10) business days prior to the start date of prepping or rigging for any filming of a motion picture, and five (5) business days prior to the start date of prepping or rigging for any other film; and
(2) A location agreement in the form required by DEP signed by the applicant; and
(3) Proof of insurance, as provided in 15 RCNY § 46-06; and
(4) Any other documents, including, but not limited to, equipment specifications and architectural renderings that may be required by BPAC.
The Commissioner or his or her designee may approve an exception to the minimum time frames referenced in subdivision (a)(1) of this section if the nature and scope of the activity to be undertaken support a request that a shorter time within which to submit requisite forms and documents be granted.
(1) Structural conditions, equipment specifics, weight, load and other similar considerations.
(2) The use of smoke, pyrotechnics, firearms, weapons, animals and other special effects or unusual scenes, which will also be subject to all applicable laws, rules and other governmental policies regarding such activities.
§ 46-05 Application for Required Permit from MOFTB.
A Required Permit must be applied for and issued in accordance with the provisions of 43 RCNY § 9-02 after the documentation required by 15 RCNY § 46-04 has been completed by the applicant and reviewed by DEP; production issues have been resolved with DEP; and DEP approval has been received.
§ 46-06 Indemnification and Insurance Requirements.
(a) Prior to the commencement of prepping or rigging for film and/or photography shoots on properties or within facilities under the jurisdiction of DEP, a permittee must provide to BPAC a copy of insurance documentation and a copy of the Required Permit in order to obtain final DEP authorization for such production.
§ 46-07 Production Requirements.
(a) Holding on properties and within facilities under the jurisdiction of DEP is available only for those productions taking place on or within such properties or facilities, upon the approval of the DEP official responsible for operations at the facility or property in question or his or her designee.
§ 46-08 Post-Production Requirements.
(a) A permittee is responsible for cleaning and restoring the properties and facilities under the jurisdiction of DEP after the rigging, shooting and/or holding. The cost of any DEP employee time incurred due to a permittee failing to clean and/ or restore such properties and facilities following the rigging, shooting and/or holding will be borne by the permittee and reimbursed to DEP.
§ 48-01 Purpose and Applicability.
(a) Purpose. The Green Infrastructure Grant Program ("Program") is intended to provide funding for the design and construction of green roof retrofits to manage stormwater runoff in New York City.
§ 48-02 Definitions.
"Applicant" means the person or entity completing, preparing and/or submitting the Program application, in some cases on behalf of the potential Grantee.
“City” means the City of New York.
“Conditional acceptance” or “conditionally accepted” refers to a Grant application that has been reviewed by the Department and accepted subject to satisfaction of additional specific requirements, and for which there has not yet been a binding commitment to award a Grant because there remain pre-conditions to be satisfied by the Applicant and/or the prospective Grantee.
“Department” means the Department of Environmental Protection, the City agency responsible for administering the Green Infrastructure Grant Program.
“Funding Agreement” means the primary contract between the City and the Grantee with respect to the Program funding.
“Grant” means a grant of funds awarded by the Department to a Grantee under the Program, which becomes effective and binding when the Funding Agreement has been fully executed and registered with the City Comptroller.
“Grantee” means the owner of the real property on which the Project will be built, including all parties having an ownership interest in the property.
“Green Roof” means a vegetated system installed on an above grade roof which is designed and constructed by the Grantee to manage stormwater runoff in accordance with the Program Guide.
“Private property” means real property not owned by the City and located within the limits of the five (5) boroughs of the City of New York.
“Program” means the Department’s Green Infrastructure Grant Program that facilitates the installation of green roof retrofits on private property.
“Program Guide” means the step-by-step instruction manual for prospective Grantees that describes the Project development process to be followed from conditional acceptance of the application until execution of the Funding Agreement, and how the Department will provide the funding to the Grantee for the construction of the Project. The Program Guide will be incorporated by reference into the Funding Agreement.
“Project” means the Green Roof(s) to be installed on the Grantee’s property with funding provided by a Grant awarded by the Department.
“Retrofit” means the implementation of a Project by constructing a Green Roof on an existing building.
§ 48-03 Eligible Grantees.
To be eligible for a Grant, Applicants must be in compliance with the following:
§ 48-04 Eligible Property.
(a) Grants may be awarded for Projects that will be constructed on private property, except as set forth in paragraph (b) of this section.
§ 48-05 Project Feasibility Requirements.
(a) The building for which the proposed Project will be implemented must be fully constructed and in a condition to accept the Retrofit at the time of application.
§ 48-06 Application Submission Requirements.
(a) The application can be submitted through the Department's online application system, at http://www.nyc.gov/dep/grantprogram. To request a paper copy of the application, one can mail a request to Green Infrastructure Grant Program, Bureau of Environmental Planning & Analysis at 59-17 Junction Boulevard, 11th Floor, Flushing, NY 11373, and completed paper applications may be submitted to the same address.
1. The Applicant’s name, address, telephone number and email address;
2. The identity of the Grantee including names address, phone number and email address;
3. The address and location of the property, as well as borough, block and lot information;
4. A description of how the proposed Project will function;
5. A structural analysis that has been performed by a professional structural engineer licensed by the State of New York that concludes that the loading capacity of the roof is sufficient to support the proposed Project;
6. The professional qualifications of those designing and implementing the Project;
7. The proposed budget for the proposed Project;
8. Calculations of the stormwater projected to be managed by the proposed Project, derived using the calculator provided by the Department with the application;
9. The construction timeline for the proposed Project;
10. Information including the Project’s location within the property, footprint dimensions, stormwater flow directions, and proposed materials;
11. A record of the connection of the building or site to the sewer, if available; and
12. A proposed maintenance plan that details maintenance tasks and activities for the useful life of the Project, and a statement of how the Grantee would pay for these activities (note that maintenance costs are not eligible for Grant funding).
1. At least two photos showing the existing conditions of the proposed Project area within the property as of the date of the application submission;
2. Identification of any “co-benefits” in addition to reduced stormwater runoff;
3. Identification of any local institutions or community groups that will be involved in the design, construction or stewardship of the proposed Project; and
4. The proposed monitoring plan, if any.
§ 48-07 Selection of Projects and Appeals.
(a) The Department will conditionally accept applications, in its discretion, based upon the criteria set forth in this section, after a complete application has been submitted, reviewed, and determined to meet the eligibility requirements as set forth in these Rules.
1. Cost/benefit ratio. The stormwater management benefits of the Project should be cost effective in comparison to the Project costs.
2. Constructability. An evaluation of the constructability of the proposed Project will be based on information submitted.
3. Other factors. Such other factors as the quality of the application materials, a short construction timeline, the availability of matching funds or in-kind contributions, the involvement of community partners or organizations, public visibility or accessibility, the inclusion of a robust scientific monitoring plan, the ability of the proposed Project to be replicable on a wide scale, and/or the inclusion of any training or workforce development opportunities as part of a proposed Project may be considered by the Department when evaluating the Project proposal.
§ 48-08 Funding.
(a) Funding is provided to Grantees, or an approved assignee, on a reimbursement basis upon receipt of invoices for eligible costs previously paid. Monthly invoices may be submitted to the Department after:
1. Final designs have been accepted by the Department;
2. The Funding Agreement has been registered pursuant to Section 328 of the City Charter; and
3. A notice to proceed with the Project has been issued to the Grantee by the Department.
1. Non-third party personnel costs or salaries of Grantee employees
2. Operating costs
3. Maintenance activities
4. Legal expenses
§ 48-09 Grant Administration and Compliance.
(a) Prospective Grantees will be required to execute a Funding Agreement in the form provided in the on-line application available at www.nyc.gov/dep/grantprogram after Project design is complete and has been accepted by the Department.
§ 49-01 Definitions.
For the purposes of this chapter, the following term has the following meaning:
Insulating Material. “Insulating Material” means any material or combination of materials, except spray on foam, that restricts the flow of heat energy.
§ 49-02 Applicability.
This chapter is not applicable to new construction.
§ 49-03 Precautions to be Taken During Spraying of Insulating Material.
No person may cause or permit the spraying of any insulating material in or upon any building or other structure during its construction, alteration or repair, unless he or she complies with the following precautions.
§ 50-01 Engines in Mobile Food Vending Units.
No person shall cause or permit the installation, use, or operation of any engine in a mobile food vending unit with an input of less than 50 horsepower unless he or she has first registered the engine with the Department in accordance with the requirements of Section 24-109 of the Administrative Code.
§ 50-02 Cook Stoves and Charcoal Burning Appliances.
(a) Definition.
“Cook stove” shall have the same meaning as set forth in Section 24-104(28) of the Administrative Code.
§ 51-01 Definitions.
"Best Available Retrofit Technology" or "BART" means technology verified by the United States Environmental Protection Agency ("EPA") or the California Air Resources Board ("CARB") for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to a particular engine and application that has been approved for use by the commissioner or is installed with an EPA certified engine year 2007 or later.
“Commissioner” means the Commissioner of the New York City Department of Environmental Protection or his or her designee.
“Heavy duty trade waste hauling vehicle” means any diesel-fuel powered vehicle with a gross weight of over sixteen thousand pounds that is owned or operated by an entity that is required to be licensed or registered by the New York City Business Integrity Commission pursuant to Section 16-505 of the Administrative Code and that is operated in New York City for collection and/or removal of trade waste.
“Trade Waste” shall have the same meaning as set forth in Subdivision f of Section 16-501 of the Administrative Code.
§ 51-02 Best Available Retrofit Technology in Heavy Duty Trade Waste Hauling Vehicles.
Pursuant to Section 24-163.11 of the Administrative Code, any heavy duty trade waste hauling vehicle shall use the BART as defined in 15 RCNY § 51-01. Owners and operators of these vehicles shall consult the EPA and CARB verified lists at https://www.epa.gov/verified-diesel-tech/verified-technologies-list-clean-diesel and https://www.arb.ca.gov/diesel/verdev/vt/cvt.htm.
§ 51-03 Classification Level to Select Best Available Retrofit Technology.
Level I
The BART selected to comply with 15 RCNY § 51-02 must meet the classification level specified in this section.
Any Diesel Particulate Filter (DPF) or other technology verified for a specific engine type from either EPA or CARB verified lists that reduces particulate matter emissions by 85 percent or more, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour or applicable 2007 EPA standard for particulate matter as set forth in Section 86.007-11 of Title 40 of the United States Code of Federal Regulations or to any subsequent EPA standard for such pollutant that is at least as stringent shall be deemed to be in compliance with this regulation.
§ 51-04 Record Submittal Documentation.
Any heavy duty trade waste hauling vehicle that meets the definition set forth in 15 RCNY § 51-01 shall utilize BART and the vehicle owner or operator must identify in list form and submit to the department all types of pollution control technology devices utilized for such vehicle as set forth in 15 RCNY § 51-03. In order to meet this certification requirement, evaluation documents from the vendor/installer including a data logging record must be submitted to the department by the owner and operator of these vehicles.
§ 51-05 Variance Procedure.
(a) An owner or operator of a heavy duty trade waste hauling vehicle that meets the definition set forth in 15 RCNY § 51-01 may apply to the Commissioner no later than June 1, 2019 for a variance pursuant to Section 24-110 of the Administrative Code if upon evaluation by the Department, there is a lack of feasibility or unavailability finding for either spatial constraints or safety concerns. Nothing in this section shall preclude the Business Integrity Commission from issuing a financial hardship waiver, pursuant to Section 24-163.11(c) of the Administrative Code.
§ 52-01 After Hours Response Time at Construction Sites.
(a) (1) When a complaint is made to the Department of Environmental Protection (DEP) concerning after hours noise at a construction site, DEP staff will determine whether an after hours variance has been issued pursuant to Section 24-223(a) of the New York City Noise Control Code by the Department of Buildings (DOB). If there is no variance, an inspection will be conducted the same day if the complaint is received during likely working hours. If the complaint is not received during likely working hours, the inspection will be conducted the following weekend or during the same after hours period, as applicable.
(2) For locations with a DOB variance, an inspection will be conducted during the next time period during which the after hours variance is in effect.
(2) If an after hours complaint is received regarding noise occurring on a weekend, DEP staff shall inspect at least 95% of such complaints the following weekend, and the remaining percentage of such complaints, if any, shall be inspected the weekend thereafter.
§ 52-02 After Hours Response Time for Street Work.
(a) When a complaint is reported to DEP concerning after hours noise from street construction, which would require an after hours variance from the Department of Transportation (DOT), DEP staff will check the DOT website. If there is no variance, or a variance only for that one day, an inspection will be conducted that day or night. If it is unclear from the website if there is a variance, or if there is a variance within the first three days of receiving such complaint, DEP will conduct an inspection to ascertain if there is a DOT permit and to monitor for noise. DEP staff should inspect 75% of all street construction complaints within three days or less. The remainder of the 25% of complaints should be inspected by the fourth day.
§ 54-01 General.
(a) For the purposes of this chapter, the term Extremely Hazardous Substance (EHS) has the same meaning as provided by Section 24-702(h) of the administrative code.
(1) All additions and subtractions are cumulative, except that factors J and K cannot be applied together, and factors A, B, and L may only be applied when at least one aggravating factor is also present (i.e., they cannot be used to reduce the penalty to less than the legal minimum).
(2) Where the application of multiple aggravating factors would cause the legal maximum penalty to be exceeded, the legal maximum penalty (same as the default penalty) shall be imposed.
A. Subtract $1,750 for compliance by first hearing date.
B. Subtract $3,750 for compliance by first hearing date.
C. Add $250 if there are any EHS stored at the facility.
D. Add $1,750 if there are any EHS stored at the facility.
E. Add $3,750 if there are any EHS stored at the facility.
F. Add $100 for each unlabeled non-EHS hazardous substance more than one; add $2,000 for each unlabeled EHS.
G. Add $1,000 if there are 25 or more hazardous substances stored at the facility; add $5,000 if there are more than 50 hazardous substances stored at the facility or if any EHS are stored at the facility. NOTE: This factor may only be applied until the legal maximum penalty has been reached.
H. Add $5,000 for willful refusal to allow access to the facility, or physical interference with or obstruction of the inspection.
I. Add $1,000 if there was an emergency response to the facility.
J. Add $2,500 if there was a release of a hazardous substance at the facility.
K. Add $4,500 if release of a hazardous substance at the facility resulted in injury to any person, or injury to plant or animal life, or damage to property or business.
L. Subtract $250 where the existence of the violation was voluntarily disclosed to DEP by respondent.
M. Mitigate to zero where correction certified within 30 days of summons issuance.
§ 54-02 Community Right-to-Know Law Penalty Schedule.
.. list-table::
header-rows: 1
- Section
- Description
- Offense
- Penalty
- Default
- Stipulation
- Mit/Agg
- Admin. § 24-706(a)
- Failed to file a completed Facility Inventory Form
- 1st2nd3rd
- $500$3,500$7,500
- $5,000$10,000$20,000
- YesNoNo
- C I J K LA D I J K LB E I J K L
- Failed to file a facility inventory update
- 1st2nd3rd
- $500$3,500$7,500
- $5,000$10,000$20,000
- YesNoNo
- C I J K LA D I J K LB E I J K L
- Admin. § 24-706(b)
- Failed to submit a Material Safety Data Sheet
- 1st2nd3rd
- $500$3,500$7,500
- $5,000$10,000$20,000
- YesNoNo
- I J K LA I J K LB I J K L
- Admin. § 24-706(c)
- Failed to make copy of FIF or MSDS available at facility
- 1st2nd3rd
- $500$3,500$7,500
- $5,000$10,000$20,000
- NoNoNo
- I J K LI J K LI J K L
- Admin. § 24-711
- Failed to properly label hazardous substance
- 1st2nd3rd
- $500$3,500$7,500
- $5,000$10,000$20,000
- NoNoNo
- F I J K LF I J K LF I J K L
- Admin. § 24-712
- Failed to give access to inspect facility
- 1st2nd
- $2,500$5,000
- $20,000$20,000
- NoNo
- G HG H
- Admin. § 24-718
- Failed to properly file risk management plan
- 1st2nd3rd
- $1,000$3,500$7,500
- $5,000$10,000$20,000
- NoNoNo
- I J K LA I J K LB I J K L
- 15 RCNY § 41-14
- Failed to properly site/ store hazardous substances stored in portable containers
- 1st2nd3rd
- $500$3,500$7,500
- $5,000$10,000$10,000
- YesNoNo
- MMM
~
§ 55-01 General.
(a) Whenever a respondent is found in violation of any of the following provisions of the Rules of the City of New York, any civil penalties imposed by a hearing officer pursuant to 48 RCNY § 6-17(a) in accordance with § 1049-a(d)(1)(d) of the Charter or any civil penalties imposed for admissions of violations pursuant to 48 RCNY§ 6-09(a) or late admissions pursuant to 48 RCNY § 3-17 will be imposed pursuant to the penalty schedule set forth below.
§ 55-02 Stormwater Penalty Schedule.
(a) Penalty Table.
| Rule | Description | Violation | |||
|---|---|---|---|---|---|
| Penalty | Mitigation | Default | Stipulation | ||
| 15 RCNY § 19.1-03.3(b)(1) | Commencing a covered development activity without a Stormwater Construction Permit from the department. | Fine may be reduced if a DEP inspector has inspected the site and confirmed that construction has been stopped prior to the first hearing date, and the permit application is received on or before the first hearing date. | Yes | ||
| 1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
| 2nd offense | $6,000 | $8,000 | $6,000 | ||
| 3rd offense | $8,000 | $10,000 | $8,000 | ||
| 15 RCNY § 19.1-03.3(b)(5) | Failure to have a qualified inspector conduct at least two site inspections (in accordance with the NYSDEC Construction General permit) every seven calendar days as long as greater than five acres of soil are disturbed. | Yes | |||
| 1st offense | $2,000 | $3,000 | $2,000 | ||
| 2nd offense | $3,000 | $6,000 | $3,000 | ||
| 3rd offense | $4,000 | $9,000 | $4,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit. | Yes | |||
| 1st offense | $1,500 | $3,000 | $1,500 | ||
| 2nd offense | $2,000 | $6,000 | $2,000 | ||
| 3rd offense | $3,000 | $9,000 | $3,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit by not providing weekly inspection reports by a Qualified Inspector. | Fine may be reduced if the required weekly inspection reports for the required days, dated and signed by a Qualified Inspector, are submitted to DEP on or before the first hearing date. | Yes | ||
| 1st offense | $1,000 | $500 | $3,000 | $1,000 | |
| 2nd offense | $2,000 | $6,000 | $2,000 | ||
| 3rd offense | $3,000 | $9,000 | $3,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit by not complying with the recommendations of the Qualified Inspector. | Yes | |||
| 1st offense | $2,000 | $4,000 | $2,000 | ||
| 2nd offense | $3,000 | $6,000 | $3,000 | ||
| 3rd offense | $4,000 | $8,000 | $4,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit by not having a Qualified Inspector inspect the site immediately after a runoff producing precipitation event. | Yes | |||
| 1st offense | $2,000 | $4,000 | $2,000 | ||
| 2nd offense | $3,000 | $6,000 | $3,000 | ||
| 3rd offense | $4,000 | $8,000 | $4,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit resulting or likely to result in a discharge of (i)washout of concrete, (ii)washout and cleanout of stucco, paint, form release oils, curing compounds and other construction materials, (iii) fuels, oils or other pollutants used in vehicle and equipment operation and maintenance, (iv) soap or solvents used in vehicle and equipment operation and maintenance; (v) toxic or hazardous substances from a spill or other release. | Fine may be reduced if DEP receives on or prior to the first hearing date photos that show the appropriate erosion and sediment control/pollution prevention practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and the applicable terms and conditions of the permit have been met. | Yes | ||
| 1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,500 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit resulting or likely to result in a discharge that causes a substantial visible contrast to natural conditions of the waters of the state. | Fine may be reduced if DEP receives on or prior to the first hearing date photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met | Yes | ||
| 1st offense | $3,000 | $1,500 | $6,000 | $3,000 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,500 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to install and maintain erosion and sediment control practices in compliance with approved SWPPP. | Fine may be reduced if DEP receives on or prior to the first hearing date photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
| 1st offense | $3,000 | $1,500 | $6,000 | $3,000 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,500 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to follow the construction phasing plan included in the approved SWPPP. | Fine may be reduced if DEP receives, on or prior to the first hearing date, photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
| 1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,500 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to implement pollution prevention measures included in the approved SWPPP. | Fine may be reduced if DEP receives, on or prior to the first hearing date, photos that show the appropriate pollution prevention practice(s) implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
| 1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,600 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(i) | Failure to implement the temporary and permanent stabilization plans in accordance with the approved SWPPP. | Fine may be reduced if DEP receives, on or prior to the first hearing date, photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
| 1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,500 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(ii) or (iii) | Failure to renew or extend a stormwater construction permit. | Fine may be reduced if the applicant renews the permit on or before the first hearing date. | Yes | ||
| 1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
| 2nd offense | $6,000 | $8,000 | $6,000 | ||
| 3rd offense | $8,000 | $10,000 | $8,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(iv) | Failure to notify the department prior to starting construction. | Yes | |||
| 1st offense | $1,000 | $3,000 | $1,000 | ||
| 2nd offense | $2,000 | $6,000 | $2,000 | ||
| 3rd offense | $3,000 | $9,000 | $3,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(v) | Failure to post the stormwater construction permit at the site. | Fine may be reduced if DEP receives,on or prior to the first hearing date, photos that show the permit has been posted at the work site. | Yes | ||
| 1st offense | $1,000 | $3,000 | $1,000 | ||
| 2nd offense | $2,000 | $6,000 | $2,000 | ||
| 3rd offense | $3,000 | $9,000 | $3,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(vi) | Failure to retain a copy of the SWPPP at the development site. | Yes | |||
| 1st offense | $1,000 | $3,000 | $1,000 | ||
| 2nd offense | $2,000 | $6,000 | $2,000 | ||
| 3rd offense | $3,000 | $9,000 | $3,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(vii) | Failure to notify the department of a temporary shutdown or inspect the site during a temporary shutdown. | Fine may be reduced if DEP receives, on or prior to the first hearing date, photos that show the site is stabilized, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the site will be inspected every 30 days and immediately after rainfall events of more than 1.5”. | Yes | ||
| 1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
| 2nd offense | $5,000 | $10,000 | $5,000 | ||
| 3rd offense | $7,500 | $10,000 | $7,500 | ||
| 15 RCNY § 19.1-03.3(b)(8)(viii) | Failure to submit a closure plan prior to terminating construction. | Fine may be reduced if DEP receives, on or prior to the first hearing date, photos that show the site is stabilized and a closure plan is submitted to the Department for review | Yes | ||
| 1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
| 2nd offense | $6,000 | $8,000 | $6,000 | ||
| 3rd offense | $8,000 | $10,000 | $8,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(ix) | Failure to submit amendments. | Fine may be reduced if a minor amendment(s) submission is received by DEP on or before the first hearing date. | Yes | ||
| 1st offense | $1,000 | 0 | $3,000 | $3,000 | |
| 2nd offense | $2,000 | $6,000 | $6,000 | ||
| 3rd offense | $3,000 | $9,000 | $9,000 | ||
| 15 RCNY § 19.1-03.3(b)(8)(x) | Failure to submit major amendments to the SWPP for review and approval. | Fine may be reduced if an application for major amendment(s) is received by DEP on or before the first hearing date. | Yes | ||
| 1st offense | $1,500 | $1,000 | $3,000 | $1,500 | |
| 2nd offense | $3,000 | $6,000 | $3,000 | ||
| 3rd offense | $4,000 | $8,000 | $4,000 | ||
| 15 RCNY § 19.1-03.3(b)(11) | Failure to maintain records of all inspections and tests required throughout the period of construction and for 5-years after the completion of construction. | Fine may be reduced if records of all inspections and tests required through the period of construction and for 5-years after the completion of construction are submitted to DEP on or before the first hearing date. | Yes | ||
| 1st offense | $1,000 | $500 | $3,000 | $1,000 | |
| 2nd offense | $2,000 | $6,000 | $2,000 | ||
| 3rd offense | $3,000 | $9,000 | $3,000 | ||
| 15 RCNY § 19.1-03.3(c)(1)(i) | Failure to obtain a stormwater maintenance permit. | Yes | |||
| 1st offense | $3,000 | $6,000 | $3,000 | ||
| 2nd offense | $4,000 | $8,000 | $4,000 | ||
| 3rd offense | $5,000 | $10,000 | $5,000 | ||
| 15 RCNY § 19.1-03.3(c)(3)(i) | Failure to submit annual certification to the department. | Yes | |||
| 1st offense | $1,500 | $3,000 | $1,500 | ||
| 2nd offense | $3,000 | $6,000 | $3,000 | ||
| 3rd offense | $4,500 | $9,000 | $4,500 | ||
| 15 RCNY § 19.1-03.3(c)(3)(ii) | Failure to renew a stormwater maintenance permit. | Yes | |||
| 1st offense | $3,000 | $6,000 | $3,000 | ||
| 2nd offense | $4,000 | $8,000 | $4,000 | ||
| 3rd offense | $5,000 | $10,000 | $5,000 | ||
| 15 RCNY § 19.1-03.3(c)(3)(iv) | Failure to notify the department of a change of ownership. | Yes | |||
| 1st offense | $3,000 | $6,000 | $3,000 | ||
| 2nd offense | $4,000 | $8,000 | $4,000 | ||
| 3rd offense | $5,000 | $10,000 | $5,000 | ||
| 15 RCNY § 19.1-03.3(c)(4)(i) | Failure to get approval to modify a practice covered by a stormwater maintenance permit. | Fine may be reduced if a DEP inspector has inspected and confirmed that construction is suspended before the first hearing date, and an application for modification is received by DEP before the first hearing date | Yes | ||
| 1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
| 2nd offense | $6,000 | $8,000 | $6,000 | ||
| 3rd offense | $8,000 | $10,000 | $8,000 | ||
| 15 RCNY § 19.1-03.3(c)(5) | Failure to maintain a stormwater management practice in good working condition to meet the applicable design standards. | Fine may be reduced if on or before the first hearing date DEP receives photos of the repaired or replaced stormwater management practice, and a signed written certification by a qualified professional that the stormwater management practice is repaired and in good working condition. | Yes | ||
| 1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
| 2nd offense | $6,000 | $8,000 | $6,000 | ||
| 3rd offense | $8,000 | $10,000 | $8,000 | ||
| 15 RCNY § 19.1-03.3(c)(6) | Failure to keep and maintain records. | Yes | |||
| 1st offense | $1,000 | $6,000 | $1,000 | ||
| 2nd offense | $2,000 | $9,000 | $2,000 | ||
| 3rd offense | $3,000 | $10,000 | $3,000 | ||
| Administrative Code § 24-585 | Failed to comply with commissioner’s order or stop work order | Yes | |||
| 1st offense | $3,000 | $6,000 | $3,000 | ||
| 2nd offense | $6,000 | $8,000 | $6,000 | ||
| 3rd offense | $8,000 | $10,000 | $8,000 |
~
§ 57-01 Purpose and Applicability.
(a) Purpose. The purpose of these rules is to protect Department and Water Board water tunnels and shafts in the five boroughs of New York City from potential damage due to drilling or excavation.
(1) These rules apply to any proposed drilling or excavation, for any purpose, to a depth greater than fifty (50) feet below ground surface in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet in the borough of Brooklyn, Queens or Staten Island or south of 135th Street in the borough of Manhattan, in a corridor within the City of New York or to any depth within 200 feet horizontal distance of a water tunnel shaft.
(2) These rules do not apply to any drilling or excavation conducted by, or on behalf of, the Department for water supply or wastewater projects.
(3) These rules do not apply to drilling and excavation projects permitted by the New York City Department of Buildings prior to the effective date of these rules.
§ 57-02 Definitions.
For the purposes of these rules, the following definitions apply:
Application. “Application” means the Department Drilling and Excavation Permit Application, including all information and documentation required by the Commissioner and these rules.
Azimuth. “Azimuth” means an angle used to define the apparent position of an object, relative to a specific observation point.
Blowout preventer. “Blowout preventer” means a safety device used to prevent the uncontrolled flow of liquids and gases during well drilling operations.
Borehole. “Borehole” means a narrow shaft bored in the ground as part of a geotechnical investigation.
Commissioner. “Commissioner” means the Commissioner of Environmental Protection or his or her designee.
Corridor. “Corridor” means a block that has any part of its boundary falling within five hundred (500) feet horizontal distance from the centerline of any water tunnel or shaft as measured at or near the surface.
Crown. “Crown” means the topmost point of a water tunnel.
Datum Plane. “Datum Plane” means the horizontal plane from which heights and depths are calculated.
Department. “Department” means the New York City Department of Environmental Protection and its authorized agents.
Deviation. “Deviation” means a borehole’s departure from a true vertical line, measured in degrees.
Deviation survey. “Deviation survey” means an investigative procedure conducted using generally accepted engineering principles and practices to establish the position of a tip of a borehole or well, with respect to a true vertical line, and the orientation of such tip with respect to north direction.
Directional drilling. “Directional drilling” means a method used to control the location and the direction of the drill bit.
Drill or Drilling. “Drill” or “Drilling” means using shaft-like equipment with a drill bit to bore a hole to below ground surface.
Elevation. “Elevation” means the height above or below a specific datum plane.
Excavate or Excavation. “Excavate” or “Excavation” means any man-made cut, cavity, trench, or depression in an earth surface formed by earth removal.
Geothermal well. “Geothermal well” means a well which taps into the natural geothermal energy found beneath the Earth’s crust in order to harness the heat energy produced by the earth underground.
Gyroscopic probe. “Gyroscopic probe” means a device used for measuring or maintaining position or orientation.
Invert. “Invert” means the lowest inside surface or floor of a water tunnel.
No Drilling/Excavation Zone. “No Drilling/Excavation Zone” means a boundary area defined as two hundred feet (200’) on either side of the centerline of the water tunnel and vertical distances of one hundred fifty feet (150’) above the crown of the water tunnel and one hundred fifty feet (150’) below the invert of the water tunnel; or, except as otherwise indicated, two hundred feet (200’) feet on either side of the centerline of the water tunnel shaft.
Owner. “Owner” means any person who holds legal title to a property or any person who holds a leasehold of at least twenty (20) years over a property, where the property is a proposed drilling or excavation site.
Permit. “Permit” means a written document issued by the Department granting an owner approval, if owner meets required conditions, to drill and/or excavate on a property in close proximity to a water tunnel or shaft.
Permittee. “Permittee” means an owner to whom the Department has issued a permit.
Person. “Person” means an individual, firm, partnership, company, corporation, association, society, institution, organization, governmental agency, administration, department, or other group of individuals or legal entity, or an officer or employee thereof.
Site plan. “Site plan” means a plan of the area of a proposed drilling or excavation operation.
Stratigraphic well. “Stratigraphic well” means a well drilled for stratigraphic information, i.e., information about rock strata, especially the distribution, deposition, and age of sedimentary rocks.
Verticality probe. “Verticality probe” means a device used to measure inclination and to provide accurate information on the precise location of underground features intersected by a borehole.
Water Board. “Water Board” means the New York City Water Board.
Water Tunnel. “Water Tunnel” means any tunnel or covered aqueduct, including a water tunnel shaft, used to convey the supply of drinking water, that is owned, leased or operated by the City of New York, the Water Board, or the Department and located in the five boroughs of New York City.
Water tunnel shaft or shaft. “Water tunnel shaft or shaft” means a shaft of a water tunnel consisting of a vertical pathway that conveys water from an underground tunnel to a chamber at the surface. A shaft is constructed with pipes connected to a concrete lined circular opening in bedrock.
Water tunnel shaft structure or shaft structure. “Water tunnel shaft structure or shaft structure” means the shaft superstructure and substructure including any building, building foundation, or below grade chamber associated with a shaft facility.
§ 57-03 Standards for Drilling and Excavation.
No person may drill or excavate in a corridor within the City of New York, to a depth greater than fifty (50) feet below ground surface in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan; or greater than 100 feet in the borough of Brooklyn, Queens or Staten Island or south of 135th Street in the borough of Manhattan or to any depth within 200 feet horizontal distance of a water tunnel shaft, without obtaining a permit from the Department.
A person with a permit may drill or excavate in a corridor within the City of New York only to the extent allowed under the permit. Any other drilling or excavation will be a violation of these rules.
§ 57-04 Application for Drilling and Excavation Permit.
(a) Pre-Application Assessment Submittal. Every person drilling to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan, must submit to the Department a pre-application for proposed drilling and/or excavation. A Pre-Application Assessment Form is available on the Department's website at www.nyc.gov/DEP, or by request in person or by mail, from the DEP Bureau of Water and Sewer Operations Permitting Office at the address on the Department's website.
(1) Pre-Application Requirements. The pre-application assessment submission must include the following information:
(i) the name, address, and telephone number of the owner and project engineer, architect or contractor;
(ii) the proposed location and depth of the drilling and/or excavation, as applicable, by way of address, block and lot, and a survey of the proposed location in reference to the applicable block and lot.
(2) Within ten (10) business days from receipt of a pre-application assessment submission, the Department will notify the applicant that:
(i) proposed drilling and/or excavation is located in a corridor and within a No Drilling/Excavation Zone, and that no drilling or excavation is permitted; or
(ii) a permit is not required to drill and/or excavate because the proposed drilling and/or excavation is not located in a corridor; or
(iii) a permit is not required to drill and/or excavate because the drilling or excavation is more than fifteen feet (15’) from the outer wall of a shaft structure and less than fifteen feet (15’) below ground surface; or
(iv) proposed drilling and/or excavation is located in a corridor, and a permit application must be submitted to the Department with the required documentation in accordance with 15 RCNY § 57-04(b) et seq.
(1) Application Requirements. The application must include the following information:
(i) the name, address, and telephone number of the owner;
(ii) the name, address, and telephone number of the company performing the drilling or excavation, and the name of a contact person;
(iii) the name, address, telephone number, and email address of the project engineer; and
(iv) the proposed location of the drilling and/or excavation, as applicable, by way of address, block and lot, and a survey of the proposed location in reference to the applicable block and lot, prepared and sealed by a land surveyor licensed to practice in the State of New York.
(2) Additional Information. The Department may at its discretion require an owner to submit additional information to complete the application, including but not limited to:
(i) the site plan of the borehole or well location, prepared and sealed by a professional engineer licensed to practice in the State of New York. The site plan must indicate the ground surface elevation of the borehole or well, the proposed depth and elevation of the bottom of the borehole or well, and the diameter of the borehole or well;
(ii) the purpose of the drilling and/or excavation, as applicable, which may include but is not limited to drilling a geothermal well or stratigraphic well or excavating as part of an environmental investigation;
(iii) the proposed methods to measure deviation from the vertical and azimuth of the borehole or well;
(iv) the anticipated start and end dates of drilling and/or excavation, as applicable;
(v) the site plan of the drilling and/or excavation, as applicable. The site plan must indicate the ground surface elevation of the drilling and/or excavation, the proposed depth and elevation of the bottom of the drilling and/or excavation, and the length and width of the excavation or diameter of the drilling;
(vi) the proposed method of excavation and drilling stamped and signed by a professional engineer; and
(vii) upon preliminary notification from the Department that drilling and/or excavation at a proposed location requires insurance, proof of insurance as further delineated in 15 RCNY § 57-06.
§ 57-05 Issuance of Drilling and Excavation Permit.
(a) Standards for Issuance. Within thirty (30) days from receipt of an application and processing fee:
(1) If the proposed drilling and/or excavation is located in a corridor and inside the No Drilling and/or Excavation zone, the Department will deny a permit.
(2) If the proposed drilling and/or excavation is located in a corridor but outside of the No Drilling and/or Excavation zone and the Department believes that the drilling and/or excavation will not impair the stability of a water tunnel or shaft, the Department will issue a permit upon its further determination that the drilling and/or excavation complies with all standards and requirements of these rules, including but not limited to, engineering, legal, and insurance standards and requirements. The Department will not issue a permit unless proof of insurance required by the Department under these rules has been submitted to and accepted by the Department in accordance with the requirements of 15 RCNY § 57-06(b).
(1) The permittee or the contractor must notify the Department 30 days prior to commencing any drilling or excavation activity.
(2) Permittee is authorized to drill and/or excavate only to the depth specified by the permit as shown on approved plan.
(3) The permittee must abandon any borehole or well within two hundred feet (200’) horizontal distance from the center line of a water tunnel, where the tip of the borehole or well comes within one hundred fifty feet (150’) above the crown of a water tunnel or within one hundred fifty (150’) below the invert of a water tunnel.
(i) The permittee must seal any abandoned borehole or well through the full drilling depth with Departmentapproved material, and
(ii) The permittee must bear all costs and expenses associated with the sealing of such borehole or well.
(4) The permittee must abandon any excavation within two hundred feet (200’) horizontal distance from the centerline of a water tunnel, where the elevation of the bottom of the excavation comes within one hundred fifty feet (150’) above the crown of a water tunnel.
(i) The permittee must fill any abandoned excavation throughout its full depth with Department-approved material, and
(ii) The permittee must bear all costs and expenses associated with the filling of such excavation.
(5) The permittee must abandon any borehole or well within two hundred feet (200’) horizontal distance from a shaft.
(i) The permittee must seal any abandoned borehole or well through the full drilling depth with cement grout or other suitable material and
(ii) The permittee shall bear all costs and expenses associated with the plugging of such borehole or well.
(6) The permittee must abandon any excavation within two hundred feet (200’) horizontal distance from a shaft.
(i) The permittee must fill any abandoned excavation throughout its full depth with Department-approved material, and
(ii) The permittee must bear all costs and expenses associated with the filling of such excavation.
(7) The permittee may be required to utilize a blowout preventer, when the Department. determines that its use is necessary to prevent damage to the water tunnel or shaft.
(8) The permittee must comply with all applicable laws and regulations.
(9) The permittee must not perform work in such a way that damages any water tunnel or shaft.
(10) Within thirty (30) days after completing drilling and/or excavation, the permittee must provide documentation to the Department indicating the depth and azimuth of the finished borehole or well and/or the depth of the excavation, as applicable. A professional engineer or licensed land surveyor must stamp such certification.
(11) The permittee must conduct, at a frequency specified by the Department, all deviation surveys deemed necessary by the Commissioner. The frequency will vary depending on the type of drilling equipment utilized and the location of the borehole or well. If the Department requires the applicant to perform a deviation survey:
(i) The permittee must engage an experienced specialty surveyor licensed as a land surveyor in the State of New York, who has experience conducting deviation surveys;
(ii) The permittee must conduct a deviation survey that measures borehole or well inclination and azimuth;
(iii) The permittee must conduct the deviation survey utilizing a gyroscopic probe or another suitable verticality probe;
(iv) The drilling company or engineering firm must process the deviation survey output to produce a log containing tabular and graphical representations of the borehole or well inclination, azimuth, and depth; must maintain the log on site; must update the log at least once per shift or every 8 hours, whichever is sooner; and must make the log readily available for a Department inspector to review;
(v) If the Department determines that the deviation survey is inadequate or the drilling is not proceeding as approved, the Department may require the permittee to retain an independent deviation surveyor and bear all costs and expenses associated with that surveyor; permittee must submit the credentials of the independent surveyor to DEP for review and approval
(12) The permit shall be valid for a period not to exceed three (3) years from the date of issuance.
(1) Issue a stop work order, or
(2) Require the permittee to retain an inspector independent of the contractor at the drilling and/or excavation site in order to observe the drilling and/or excavation activities, verify the drilling results, or for any other purpose the Commissioner deems necessary. Such inspector must be an architect or professional engineer licensed in New York State with a minimum of five (5) years of drilling/excavation experience; the permittee must submit the inspector’s credentials to DEP for review and approval. The permittee must bear all costs and expenses associated with the inspection personnel.
(1) The Department may revoke a permit on written notice to the permittee, when the Department finds that permittee failed to comply with any of the requirements of subdivision (b). Such notice shall inform the permittee of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative, within 10 business days of delivery of the notice by hand or 15 calendar days of mailing of the notice, information as to why the Department should not revoke the permit. When a permit is revoked, all activity at the drilling and/or excavation site shall cease and not resume until the permittee corrects the non-compliance and reapplies for the permit and the Department issues a new permit.
(2) Non-compliance that creates an immediate danger will result in the automatic revocation of a permit. A permittee may correct the non-compliance and reapply for the permit. Alternatively, a permittee may appeal the revocation in writing to the Department’s Commissioner. Within 30 days of receiving such appeal, the Department must issue a written determination upholding or reversing the revocation.
§ 57-06 Assumption of Risk, Indemnification, and Insurance.
(a) Assumption of Risk. The permittee and contractor assume the risk of, and shall be responsible for any loss or damage to property of the City of New York or the Water Board, arising out of or in any way related to operations for which the Department has issued a permit.
(1) Workers’ Compensation, Employers’ Liability, Disability Benefits, and Paid Family Leave Benefits Insurance.
(i) The permittee must maintain workers’ compensation insurance, employers’ liability insurance, disability benefits insurance, and paid family leave benefits insurance in accordance with the laws of the State of New York on behalf of, or in regard to, all employees engaged in operations under the permit.
(ii) The permittee shall submit proof of its workers’ compensation insurance, disability benefits insurance, and paid family leave benefits insurance or a Certificate of Attestation of Exemption to the Department in a form approved by the New York State Workers’ Compensation Board. ACORD forms are not acceptable proof of such insurance. The following forms are acceptable:
• Form C-105.2, Certificate of Workers’ Compensation Insurance;
• Form U-26.3, State Insurance Fund Certificate of Workers’ Compensation Insurance;
• Form SI-12, Certificate of Workers’ Compensation Self- Insurance;
• Form GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance;
• Form DB-120.1, Certificate of Disability and Paid Family Leave Benefits Insurance;
• Form DB-120.2, Certificate of Participation in Disability or Disability and Paid Family Leave Benefits Group Self- Insurance;
• Form DB-155, Certificate of Disability and Paid Family Leave Benefits Self-Insurance;
• Form CE-200, Certificate of Attestation of Exemption from New York State Workers’ Compensation and/or Disability and Paid Family Leave Benefits Insurance Coverage; • Other forms approved by the New York State Workers’ Compensation Board; or
• Other proof of insurance in a form acceptable to the Department.
(2) Commercial General Liability Insurance.
(i) The permittee must maintain commercial general liability insurance (“CGL”) for the operations under this permit. Such insurance must meet the following requirements:
a. Unless otherwise approved by the Department, the CGL limits must be at least twenty million dollars ($20,000,000) per occurrence, one million dollars ($1,000,000) for personal and advertising injury, twenty million dollars ($20,000,000) products/ completed operations coverage, and twenty million dollars ($20,000,000) aggregate on a “per project basis.”
i. Such limits may be satisfied by a primary policy or a combination of a primary policy, an umbrella policy, and/or an excess policy, so long as all policies provide the scope of coverage required herein.
ii. The products/completed operations coverage must be maintained for at least three years after the completion of operations under this permit.
b. The CGL policy must be at least as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 00 01 and it must not include any exclusions or limitations other than those incorporated in the standard form. By way of example and not limitation, no CGL and excess/ umbrella policy maintained hereunder shall include the following exclusions:
i. XCU exclusion for property damage from explosion, collapse or underground hazard, or construction defects;
ii. “Labor Law” or other gravity-related injuries exclusions;
iii. independent contractors exclusion;
iv. an insured contract exclusion broader than any contained in the most recent edition of ISO Form CG 00 01;
v. exclusion for work performed in New York City;
vi. exclusion for any of the operations allowed under the permit;
vii. exclusions with respect to the Additional Insureds for claims arising from the permittee’s employees or the permittee’s contractor’s employees.
c. The CGL policy shall be “occurrence” based, not “claims-made.”
d. The CGL policy must list the City of New York and the Water Board, including their respective officials and employees (“the Additional Insureds”), with coverage at least as broad as that provided by the most recently issued ISO Form CG 20 26 and CG 20 37.
i. The coverage for the Additional Insureds under ISO Form CG 20 37 must be maintained for at least three years after the completion of operations under this permit.
ii. The Additional Insureds’ limits of CGL shall be the greater of (i) the minimum limits set forth in these rules or (ii) the limits provided to the permittee under all primary, excess, and umbrella policies covering operations under a permit.
e. The CGL policy must be “occurrence” based (not “claims-made”) and primary and non-contributing to any insurance or self-insurance maintained by the Additional Insureds.
f. The CGL coverage must be provided by a company or companies that may lawfully issue such policy and have an A.M. Best rating of at least A-/”VII,” a Standard & Poor’s rating of at least A, a Moody’s Investors Service rating of at least A3, a Fitch Ratings rating of at least A- or a similar rating by any other nationally recognized statistical rating organization acceptable to the Department unless prior written approval is obtained from the Department.
(ii) If the permittee enters into a contract for any of the work done under the permit, the permittee shall cause its contractor to maintain CGL insurance compliant with this 15 RCNY § 57-06(c), including the requirement that such CGL insurance cover the Additional Insureds.
(iii) Proof of Insurance.
a. The permittee must submit the following proof of its and its contractors’ (if any) CGL insurance to the Department: (1) a certificate of liability insurance; (2) a Certification of Insurance Broker or Agency; and (3) the required additional insured endorsement(s) covering ongoing and products/ completed operations.
b. Prior to the expiration of the CGL insurance policy for which proof has been provided, proof of a new or renewal CGL insurance policy in the form required in (c)(2)(iii)a., above, must be provided.
c. Acceptance or approval by the Department of proof of insurance or any other insurance-related document does not waive the permittee’s obligation to ensure that insurance fully consistent with the requirements of these rules is maintained, nor does it relieve the permittee from liability for its failure to do so.
d. Upon request of the Department, Water Board or the New York City Law Department, the permittee must provide or shall cause its contractor to provide to the City and the Water Board the CGL insurance policy required by this rule.
e. If the permittee or its contractor receives notice, from an insurance company or other person that the CGL policy will expire or be cancelled or terminated (or has expired or has been cancelled or terminated) for any reason, the permittee shall or shall cause its contractor to immediately forward a copy of such notice to the Department. Notwithstanding the abovementioned, the permittee must ensure that there is no interruption in any of the insurance coverage required under these rules.
(iv) Miscellaneous.
a. The Additional Insureds shall not be responsible for the payment of any premiums, deductibles, selfinsured retentions, or other costs relating to the insurance required by this section.
b. There must be no self-insurance program.
c. Where a CGL policy, maintained in accordance with these rules, requires a notice of a claim or of an occurrence or an offense that may result in a claim, the permittee must provide and cause its contractors (if any) to provide a written notice to the CGL insurance carriers within the time required by the policy that expressly states that, “this notice is being given on behalf of the City of New York and the New York City Water Board, including their respective officials and employees as Additional Insureds as well as the Named Insureds.” Such notice must also contain the following information to the extent known: the number of the insurance policy, the name of the named insured, the date and location of the damage, occurrence, or accident, and the identity of the persons or things injured, damaged, or lost. Simultaneously, a copy of such notice must be sent to the City of New York c/o Insurance Claims Specialist, Affirmative Litigation Division, New York City Law Department, 100 Church Street, New York, NY 10007.
d. The failure to secure and maintain insurance in complete conformity with these rules, or to give the insurance carrier timely notice on behalf of the Additional Insureds, or to do anything else required by these rules will constitute violation of these rules. Such breach is not waived or otherwise excused by any action or inaction by an Additional Insured at any time.
e. Insurance coverage in the minimum amounts provided for in these rules shall not relieve the permittee or contractors of any liability under a permit, nor must it preclude the Additional Insureds from exercising any rights or taking such other actions as are available to it under these rules or the law.
f. In the event of any occurrence or offense that does or can give rise to a claim under the CGL insurance policy required under these rules, the permittee must at all times fully cooperate and must cause its contractors to fully cooperate with the City and the Water Board with regard to such potential or actual claim.
g. Where notice to the Department is required under this 15 RCNY § 57-06, such notice must be in writing and must be sent by certified mail, return receipt requested or by nationally recognized overnight mail courier to the New York City Department of Environmental Protection, Attention: Commissioner, 59-17 Junction Boulevard, Flushing, NY 11373.
§ 57-07 Variance Requests.
(a) Unless otherwise prohibited by Federal, State, or Local law or regulation, the Department may, upon written request from any owner who is subject to these rules, grant a variance from 15 RCNY § 57-05(a)(1). A Variance Request Form is available on the Department's website at www.nyc.gov/DEP, and in person or by mail from the DEP Bureau of Water and Sewer Operations Permitting Office at the address on the Department's website.
§ 57-08 Penalties and Sanctions.
(a) Any person who fails to comply with any section of these rules or any condition of a permit issued under these rules will be subject to issuance of a Notice of Violation returnable to the Environmental Control Board, as provided in § 24-346 of the Administrative Code of the City of New York.
§ 58-01 Applicability
(a) This rule applies to mold remediation projects for which a notification to the department of environmental protection is required pursuant to § 24-154 of the Administrative Code.
§ 58-02 Conditions that Pose an Immediate Threat of Harm to Any Person or Damage to Property.
(a) To determine if a notification of mold remediation must be filed, pursuant to § 24-154 of the Administrative Code, an immediate risk of harm to any person or damage to property is considered to exist when any of the following are present in the dwelling to be remediated:
(1) At least 30 square feet or more of visible mold within one room.
(2) Excessive water accumulation or flooding.
§ 59-01 General.
(a) Whenever a respondent is found in violation of any of the following provisions of the NYC Administrative Code, any civil penalties imposed by a hearing officer, pursuant to 48 RCNY § 6-17(a) in accordance with § 1049-a(d)(1)(d) of the Charter or any civil penalties imposed for admissions of violations, pursuant to 48 RCNY§ 6-09(c) or late admissions, pursuant to 48 RCNY § 3-17 will be imposed, pursuant to the penalty schedule set forth below.
§ 59-02 Hazardous Substances Emergency Response Law Penalty Schedule.
* The following shall be considered environmentally sensitive areas: wetlands and wetland buffer areas; National and State parks; critical habitats for endangered and threatened plant and animal species; wilderness and natural areas; marine sanctuaries; conservation areas; preserves; wildlife areas; scenic, wild or recreational rivers; seashore and lakeshore recreational areas; critical biological resource areas; National and State protected and critical environmental areas (CEAS) as defined in 6 NYCRR Section 617.2(i).
| Section/Offense/Penalty | Mitigating Factors(Cumulative) | Aggravating Factor(Cumulative, up to a Total Penalty of $10,000) | Default |
|---|---|---|---|
| Admin. Code § 24-609(b)1st offenseFailed to comply with notification requirements upon release of hazardous substance$4,000 |
|
|
$10,000 |
| Admin. Code § 24-609(b)2nd Offense$9,000 | SAME AS ABOVE | SAME AS ABOVE | $10,000 |
| Admin Code § 24-610(c)1st OffenseWillfully violated or failed or refused to comply with Commissioner’s Order$3,000 |
|
|
$10,000 |
| Admin. Code § 24-610(c)2nd Offense$4,500 | SAME AS ABOVE | SAME AS ABOVE | $10,000 |
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