Section 24-501
§ 24-501 Sewage disposal to protect water supply. a. 1. The
commissioner of environmental protection is authorized and empowered to
enter into a contract or agreement, subject to the approval of the
mayor, with the appropriate authorities of the following localities:
(a) The town board of any town and the municipal authorities of any
village within the Croton watershed in the county of Westchester,
(b) The authorities of the town of Carmel, Putnam county,
(c) The municipal authorities of the village of Brewster, Putnam
county, to provide for the disposal of the sewage of any town or village
within the Croton watershed, of one or more villages or sewer districts
within the town of Carmel, and of the village of Brewster, in the manner
provided for in such agreement. The town board of any such town or the
municipal authorities of any such village are likewise authorized and
empowered to enter into such agreement. They may provide in such
contract or agreement that all persons within the area affected owning
buildings on streets where sewers are, or may hereafter be constructed
or located under such agreement, or any modification thereof, shall
connect with the sewer systems as provided in such contract or
agreement.
2. In the event of the failure of any such person or persons to
connect with any sewer system and the failure of the town board of any
such town or the municipal authorities of any such village to compel
such person or persons to connect with such sewer system within sixty
days after notice and demand, the city shall have the right to cause
such connection to be made at the expense of the owner failing or
neglecting to connect with such sewer system. The expense of making any
such connection may be recovered by the city in a suit in any court
having competent jurisdiction.
3. With respect to the town of Carmel, such contract or agreement may
authorize or require the construction, operation and maintenance of a
sewage disposal plant, equipment and facilities for the disposition of
the sewage of one or more villages or sewer districts in the town of
Carmel or the extension, improvement, operation and maintenance of
existing plants, if any, for such purpose. The town board of the town of
Carmel is hereby authorized to contract between one or more sewer
districts or between one or more villages and one or more sewer
districts for any trunk sewer lines or laterals thereof to convey the
sewage of such village, villages, district, or districts to a disposal
plant operated by any district, village or municipality. The cost and
expense of such trunk sewer, pumping station or appurtenant works shall
be apportioned by the town board of the town of Carmel pro rata to the
volume of sewage or population, or both, of the area benefited.
b. 1. The commissioner of environmental protection is authorized and
empowered, subject to the approval of the mayor, to enter into contracts
or agreements with the municipal authorities of any towns or
incorporated villages within the Esopus and Schoharie watersheds, in the
counties of Ulster, Delaware, Schoharie and Greene, to provide, maintain
and operate systems and plants for the collection and disposal of sewage
in any such town or village. The municipal authorities of any such
village or the town board of any such town are likewise authorized and
empowered to enter into such agreements with the city.
2. When a sewerage system shall have been constructed, the city shall
lay and thereafter maintain such pipes as may be necessary from such
sewerage system to the outside of the foundation walls of buildings
containing water-using sanitary plumbing. The cost of such pipes shall
be paid by the city and in all cases where such pipes are so laid the
owner shall make no claim for damage for such entry on his or her
property unless the city shall have failed to replace and leave the
surface and all improvements in the same condition as they were before
the laying of such pipes.
3. When the city shall have constructed a sewerage system and shall
have laid the necessary pipes from such system to the outside of the
foundation wall of any building containing water-using sanitary
plumbing, the owner of such building shall cause the drainage and
sewerage of such building to be connected with and discharged into such
pipes.
4. Upon the approval of the state engineer of the plans for any system
of sewerage and disposal works prepared pursuant to any agreement
entered into under the provisions of paragraph one of this subdivision,
and upon the filing of such plans in the office of the state
commissioner of health and of the town clerks in the towns in which such
sewers and disposal works are located, the city is granted the right to
such reasonable use of the highways, roads, streets and other public
property of any county, village or town through which such sewer may
pass or in which any part thereof may be located as may be necessary to
construct, maintain and operate such sewer and disposal works. Where the
route of such sewer follows any state highway, county highway or town
road, such highway or road shall be replaced and repaired by the city to
the satisfaction of the department, body or official having jurisdiction
thereover.
c. Notwithstanding any provision of any general, special or local law
or of any charter, the commissioner of environmental protection is
hereby authorized and empowered to enter into a contract or agreement,
subject to the approval of the mayor, with the governing body of the
county of Westchester, to provide for the disposal of the sewage of any
municipality located in the county of Westchester wherein such disposal
is required to protect the water supply of the city of New York. The
governing body of the county of Westchester is likewise authorized and
empowered to enter into such contract or agreement.
Section 24-502
§ 24-502 Transfer of certain board of estimate lands in the borough of
Brooklyn. a. All of the board of estimate lands, within the lines of
former West 8th street between Surf avenue and the public beach, shown
eliminated as a street and laid out as a park addition on map W-1817
adopted by the board of estimate on September twenty-second, nineteen
hundred sixty-six, (Cal. No. 41), and shown as being closed and
discontinued on map V-1818 adopted by the board of estimate on September
twenty-second, nineteen hundred sixty-six, Cal. No. 29 and filed in the
office of the register in Kings county on October twenty-seventh,
nineteen hundred sixty-six as map No. 3859, are hereby discontinued as
board of estimate lands and shall become park lands of the city.
b. There are reserved to the department of environmental protection
sewer rights for the maintenance, repair and reconstruction of existing
sanitary sewer and storm water sewers in the bed of the discontinued
West 8th street, and subject to the condition that no structure of a
permanent nature shall be erected over any of the existing sewers.
Section 24-503
§ 24-503 Drainage plan. a. The commissioner of environmental
protection shall devise and prepare a plan for the proper sewerage and
drainage of the city, so far as the same has not already been done, for
the purpose of thoroughly draining and carrying off water and other
matter. He or she shall lay out the city into as many sewerage districts
as he or she may deem necessary for such purpose, and shall determine
and show, on suitable maps or plans:
1. The location, course, size and grade of each sewer and drain
proposed for each of such districts;
2. The contemplated depth of such sewers and drains below the present
surface and below the established grades of streets and avenues;
3. The proposed alterations and improvements in existing sewers;
4. Such other particulars as may be necessary for the purpose of
exhibiting a complete plan of the proposed sewerage therein.
b. Such plan shall indicate the location and size of all sewage
disposal works or plants, and the necessary appurtenances thereto, as
determined by the department of environmental protection.
c. The commissioner of environmental protection shall submit such map
or plan simultaneously to the department of health and mental hygiene,
the director of city planning, each affected community board and the
office of the appropriate borough president. The department of health
and mental hygiene shall review such map or plan with respect to the
creation or abatement of any health hazard. Such department shall file a
statement with the commissioner of environmental protection and the
director of city planning, in relation to such map or plan, within
fifteen days subsequent to such submission either approving or
disapproving such map or plan.
d. The director of city planning shall review and determine the
conformance of such map or plan with the city map, as adopted. Upon
determination that such map or plan conforms with the city map, such
director shall certify such determination to the commissioner of
environmental protection. Unless the director shall file a statement
with such commissioner in relation to such map or plan within thirty
days subsequent to the submission of said map or plan, such map or plan
shall be deemed to conform with the city map and shall constitute the
certification thereof.
e. Copies of such map or plan as approved in accordance with the
provisions of this section shall be filed by the commissioner of
environmental protection in each county office of record, the community
board for the community in which any portion of such map or plan is
situated and the office of the borough president in which any portion of
such map or plan is situated within the city of New York and in the
offices of the department of transportation and department of health and
mental hygiene of such city.
Section 24-504
§ 24-504 All sewers to be in accordance with general plan. It shall be
unlawful to construct any sewer, sewage disposal plant or drain in the
city unless such sewer, sewage disposal plant or drain shall be in
accordance with the general plan for the sewerage of the particular
district in which such sewer or drain is proposed to be constructed.
Section 24-504.1
§ 24-504.1 Medical debris in sewerage system study. a. The department
shall, within six months of the effective date of this section, complete
a study of the problem of medical debris, including used syringes, that
is discharged through the sewerage system and co-disposed with other
sewage treatment plant debris. The study shall include but not be
limited to analyzing and evaluating:
1. the composition and quantity of medical debris that enters the
sewerage system;
2. the health and environmental effects of the medical debris entering
the sewerage system;
3. the health and environmental effects of disposing of the medical
debris in the city sanitation system, including the ability of effluent
chlorination to disinfect the medical debris;
4. the feasibility and cost of separating the medical debris from
other sewage treatment plant debris before disposal;
5. the feasibility and cost of alternative disposal methods; and
6. a strategy for eliminating or mitigating the deposit and disposal
of this medical debris in the city sewerage and sanitation systems.
b. The commissioner shall, within six months of the effective date of
this section, submit to the council a report on the findings of such
study and any recommendations as to regulations or legislation necessary
to implement the recommendations of the study.
Section 24-504.2
§ 24-504.2 Combined Sewer Overflow and Floatables, Including Medical
Debris, Study. a. The department shall, within eight months of the
effective date of this section, complete an analysis of the combined
sewer outfall system and its relationship to floatables, including
medical debris, discharged through the system, which are deposited on
beaches and other shorelines throughout the city. This analysis shall
include, but not be limited to, identifying, evaluating and providing:
1. The location of each combined sewer regulator and outfall within
the city of New York;
2. A list identifying priority combined sewer regulators, specifically
indicating those which discharge within five hundred feet of designated
bathing areas;
3. The general composition and quantity of floatables, including
medical debris, that are discharged from the combined sewer system, to
be compiled from available data;
4. Environmental impacts of floatables, including medical debris, to
be compiled from available data;
5. The long-term solutions to be advanced to reduce the discharge of
floatables, including medical debris, from combined sewer systems onto
beaches and shorelines throughout the city, and the costs associated
with these efforts;
6. A quarterly report about the status of this debris, as evidenced by
the city-wide floatables study, which shall include any short-term
collection and containment methods discovered, which could be
implemented in order to reduce the discharge of floatables from the
combined sewer system onto beaches and shorelines throughout the city,
and the proposed costs associated with these efforts.
b. The commissioner shall, within eight months of the effective date
of this section, submit to the council a report on the findings of such
analysis and any recommendations as to regulations or legislation
necessary to implement the recommendations of the analysis.
Section 24-505
§ 24-505 Raising of grade for drainage. Whenever the commissioner of
environmental protection shall determine that it is necessary to raise
the grade of any street or streets for the proper sewage of the sewer
district in which such street or streets, or parts of streets, are
situated, he or she shall prepare a plan showing such proposed change of
grade, and shall present the same to the board of estimate and notify
the community board for the community district in which the land is
located and the office of the appropriate borough president. The board
of estimate shall refer such plan to the commissioner of transportation
for report. Such board may change the grade of such street or streets,
or parts of streets, so far as shall be necessary for the proper
drainage thereof, in accordance with such plan, in the manner provided
by section one hundred ninety-nine of the charter.
Section 24-506
§ 24-506 Temporary sewers. Whenever it shall become necessary to
construct a sewer or drain to prevent damage to property or to abate a
nuisance and it is impracticable to proceed immediately to the
construction of the same in accordance with any plan already adopted,
the commissioner of environmental protection, on the approval of the
mayor, may construct a temporary sewer or drain in such manner as to
avoid such damage or abate such nuisance.
Section 24-507
§ 24-507 Private sewers and drains. a. The commissioner of
environmental protection may issue permits to persons to construct
sewers or drains, or to connect with any sewers or drains built in any
street, at their own expense. Such permission shall be granted only upon
the agreement, in writing, of the persons applying therefor:
1. That they will comply with the provisions of sections 24-521, 3-508
and 3-509 and of subchapter one of chapter one of title nineteen of the
code;
2. That they will indemnify the city for any damages or costs to which
it may be put by reason of injuries resulting from neglect or
carelessness in the performance of the work so permitted;
3. That they or their successors in interest will make no claim
against the city if the work so permitted shall be taken up by the city.
b. The commissioner of environmental protection, at any time, may
revoke such permit and direct such sewers or drains to be taken up or
removed.
Section 24-508
§ 24-508 Construction of sewers by the owners of private property. a.
The owners of private property at their cost and expense and in
accordance with the provisions of section two hundred twenty-nine of the
charter may construct sewers in the streets of the city by filing with
the commissioner of environmental protection:
1. Plans and specifications of such sewer;
2. A duplicate copy of the contract for such construction, showing the
cost thereof; and
3. A satisfactory guarantee to such commissioner of payment of the
expense of supervision of such construction. Upon his or her approval of
such plans, specifications and contract, the commissioner shall issue
his or her permit for the construction of the proposed sewer.
b. The commissioner of environmental protection thereupon shall file
copies of the documents listed in subdivision a with the department of
city planning, which shall forward a copy within five days to the
community board for the community district in which the property is
located, and to the appropriate borough board if the plans involve land
located in two or more community districts. Such commissioner shall
apportion the cost of construction, according to actual benefit, between
the several parcels of property abutting on each side of that part of
the street through which the sewer is to be constructed.
c. Until title to such sewer vests in the city of New York, as
hereinafter provided, the commissioner of environmental protection shall
grant permits for connection with such sewer only to those owners or
occupants of the property abutting on that part of the street in which
such sewer has been laid who shall prove payment to the party or parties
who constructed and paid for such sewer of their proportionate part of
the cost and expense shall be paid without the addition of any interest
charge. At such time as title to any such sewer shall vest in the city,
owners or occupants of the property abutting on that part of the street
in which such sewer has been laid who have not requested permission to
connect with such sewer, and who have not made payment to the party or
parties who constructed and paid for such sewer, shall have the right to
connect with such sewer without payment of any part of the cost and
expense of such sewer.
d. Except for the purpose of supervision, maintenance and use by the
city in connection with its public sewer system, such sewer shall be
deemed the private property of the parties or party who shall have paid
for its construction. When the owners of all the property abutting on
that part of the street in which any such sewer has been laid shall have
paid their several shares of the cost of its construction, or when a
period of seven years from the time of issuance of the permit pursuant
to subdivision a hereof has elasped, whichever is earlier, it shall be
the property of the city. The city in no event shall be liable for any
part of the cost and expense of construction of any such sewer.
e. It shall be unlawful for any person to represent to any prospective
purchaser of property that a sewer constructed in any street is a city
sewer unless such sewer shall have been constructed by the city in
accordance with the legally adopted drainage plan of the city and/or
accepted as a public sewer in accordance with the provisions of the
code.
Section 24-509
§ 24-509 Construction of sewers. a. The commissioner of environmental
protection shall prescribe the manner of opening sewers or drains and
the form, size and material of which the connections therewith shall be
composed.
b. It shall be unlawful to make a connection with any sewer or drain
without the written permit of the commissioner of environmental
protection, except that, in conjunction with the issuance of a permit
for the construction or alteration of a structure within the curbline,
the commissioner of buildings may issue a permit for connection with a
sewer or drain. Such connection shall be in the manner prescribed by the
commissioner of environmental protection. The commissioner issuing the
permit shall require an applicant for such permit to demonstrate to his
or her satisfaction that the proposed discharges to the sewer will be in
compliance with section 24-523 of this chapter and the regulations
promulgated pursuant to such section. For such purpose the commissioner
issuing the permit may require the submission of plans, specifications
and such other information as he or she may reasonably require.
c. When public sewers are made available, the individual on site
private sewage disposal system or any other means of sewage disposal or
discharge shall be abandoned in a manner prescribed by the commissioner
of buildings. The building house sewer shall be connected to the
available public sewer within six months of the date of notification
that the sewer has been accepted to receive flow. As used in this
subdivision the term "individual on site private sewage disposal system"
shall mean a system of interconnected structures, units, pipes and
devices, including a septic tank and an absorption area, which does not
connect to the city sewer system, and which is used to collect, convey,
treat and dispose water-flushed or water-carried domestic or commercial
sewage on one tax lot.
d. Any person who violates subdivision c of this section, or any order
issued by or rule promulgated by the commissioner pursuant thereto,
shall be liable for a civil penalty in an amount not greater than five
thousand dollars for each violation, which may be recovered in a
proceeding before the environmental control board. A proceeding to
recover any civil penalty authorized pursuant to this section shall be
commenced by the service of a notice of violation returnable before the
environmental control board, which shall have the power to impose the
civil penalties prescribed herein.
Section 24-510
§ 24-510 Fees for connections. The fee paid to the commissioner of
environmental protection for each permit for the initial connection made
with any sewer or drain, either directly or indirectly, and for each
plugging or unplugging, of a building house sewer or drain, shall be
ninety dollars.
Section 24-512
§ 24-512 Charge for sewer connection extending from curb line to sewer
or sewer riser. a. As used in this section:
1. The term "agency having jurisdiction" shall mean the department of
environmental protection.
2. The term "curb-to-sewer connection" shall mean the connection from
the curb line to the sewer or to a sewer riser constructed with the
sewer.
3. The term "cost" shall mean the actual cost of constructing each
sewer-to-curb connection.
4. The term "curb line" shall mean the curb line determined pursuant
to the resolution of the board of estimate establishing street and
roadway widths.
b. The owner of any parcel of real property to be connected with the
sewer system shall pay the cost of each curb-to-sewer connection serving
such real property, if such curb-to-sewer connection was or shall be
constructed in connection with the construction, reconstruction or
replacement of a sewer duly authorized on or after January first,
nineteen hundred sixty-two. Such cost shall become due and payable and
shall constitute a lien against such property when the amount thereof
shall have been computed by the agency having jurisdiction and an entry
thereof shall have been made against such premises in the office of the
city collector in the book in which charges for curb-to-sewer
connections are to be entered. A notice thereof, stating the amount due
and the nature of the charge shall be mailed by the city collector,
within five days after such entry, to the last known address of the
person whose name appears upon the records in the office of the city
collector as being the person designated by the owner to receive tax
bills or where no name appears, to the premises addressed to either the
owner or the agent, together with a statement that if such charge is not
paid within ninety days from the date of entry the amount thereof with
interest thereon at the rate of seven percent per annum, to be
calculated to the date of payment from the date of entry, will
constitute, until paid, a lien against the premises which shall be prior
and superior to every other lien or claim except the lien of an existing
tax, water rent, sewer rent, sewer surcharge or local assessment. If
such charge is not paid within ninety days from the date of entry, it
shall be the duty of the city collector to collect and receive interest
thereon at the rate of seven percent per annum, to be calculated to the
date of payment from the date of entry. Such charge and the interest
thereon shall continue to be, until paid, a lien on the premises served
by such curb-to-sewer connection. Such charge and interest shall be
calculated and the lien thereof may be foreclosed in the manner provided
by law for the collection and foreclosure of the lien of taxes, sewer
rents, sewer surcharges and water rents due and payable to the city, and
the provisions of the code applicable to the collection and foreclosure
of the lien of such taxes, sewer rents, sewer surcharges and water rents
shall apply to such charge and the interest thereon and the lien
thereof. Such lien shall be prior and superior to every other lien or
claim except the lien of an existing tax, water rent, sewer rent, sewer
surcharge, or local assessment. The provisions of section 11-307 of the
code applicable to the payment of assessments shall also apply to the
charge established pursuant to this section.
c. Nothing contained in this section shall affect, impair or diminish
the duty, obligation and responsibility of the owner of real property
connected with the sewer system at his or her own cost and expense: (1)
to maintain any curb-to-sewer connection serving such real property; and
(2) to repair, reconstruct or replace such curb-to-sewer connection
except when the necessity for such repair, reconstruction or replacement
is caused by the reconstruction or replacement of the sewer or by any
other construction work performed by the city.
d. The cost of constructing a curb-to-sewer connection in connection
with the construction, reconstruction, or replacement of a sewer duly
authorized on or after July first, nineteen hundred sixty-two, shall be
paid initially out of the real property fund upon the authorization of
the board of estimate. All sums received or collected in reimbursement
of such cost pursuant to this section, including interest and penalties
thereon, shall be paid into the real property fund. This subdivision
shall not apply to or affect the manner of financing the cost of
repairing, reconstructing or replacing a curb-to-sewer connection when
such repair, reconstruction or replacement is necessary because of the
reconstruction or replacement of the sewer or because of any other
construction work performed by the city.
Section 24-513
§ 24-513 Constructors; license and bond. a. All openings into any
sewers or drains, for the purpose of making connection therewith, from
any house, cellar, vault, yard or other premises, shall be made by
persons to be licensed by the commissioner of environmental protection
to perform such work. Before being so licensed, such persons shall
execute a bond to the city in the sum of one thousand dollars, with one
or more sureties to be approved by such commissioner, conditioned:
1. That they will make all openings into any sewer or drain carefully
and in the manner prescribed by such commissioner without injuring the
same;
2. That they will leave no obstruction of any description whatever in
the connection made by them;
3. That they will properly close up the sewer or drain around such
connection and make no opening into the arch of any sewer or drain;
4. That they will faithfully comply with the provisions of section
eighty-six of the charter, subchapter one of chapter one of title
nineteen and sections 3-508 and 3-509 of the code;
5. That they will be responsible for any damages or injuries that may
accrue to persons, animals or property, by reason of any opening in any
street made by them or those in their employ;
6. That they will properly refill and ram the earth, suitably restore
the pavement taken up for excavating, and repave the same should it
settle or become out of order within six months thereafter. In case any
person so licensed shall neglect to repair the pavement aforesaid,
within twenty-four hours after being notified, the commissioner of
transportation may cause the same to be done and charge the expense
thereof to such licensee.
Section 24-514
§ 24-514 Sewer rents. a. Sewer system, defined. As used in this
section the term "sewer system" shall mean and include the sewers,
manholes, intercepting sewers, 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.
b. Imposition and computation of sewer rent or charge. 1. In addition
to any other fees or charges provided by law, the owner of any parcel of
real property connected with the sewer system, including but not limited
to real property connected with the sewer system by means of a private
sewer or drain emptying into the sewer system, shall pay a sewer rent or
charge for the use of the sewer system. Such rent or charge shall be
based on the water supplied to any such real property as measured by the
amount charged for such water, except as otherwise provided by this
section. Such rent or charge shall be computed by the commissioner of
environmental protection in accordance with the provisions of this
section.
2. For any such property supplied with water from the municipal water
supply system the sewer rent or charge shall be equal in amount to sixty
percent of the charges for water supplied to such property from such
system.
3. For any such property supplied with water by a private water
company, the commissioner of environmental protection shall, by rule and
regulation, subject to the approval of the board of estimate, fix the
fraction of the charges for such water, which shall constitute the sewer
rent for such property, so that the sewer rent or charge for such
property shall, as nearly as possible, be equivalent to the sewer rent
or charge imposed under paragraph two of this subdivision for property
supplied with water from the municipal water supply system.
4. If any such property is supplied with river water or water from
private wells, the sewer rent or charge for such property shall be equal
in amount to sixty percent of the amount that would be charged for the
quantity of water supplied from such sources if such water were supplied
by the city at the rates charged for water supplied to metered premises.
The commissioner of environmental protection shall estimate the quantity
of water supplied from such sources and shall compute the sewer rent or
charge, on the basis of such estimated quantity, in accordance with the
provisions of this paragraph. However, if a water meter, approved by the
commissioner of environmental protection, has been or shall be installed
by the owner or occupant of the premises to measure the quantity of
water supplied from such sources, the quantity of water measured by such
meter shall constitute the basis for computing the sewer rent or charge
in accordance with the provisions of this paragraph. In the event that
such property supplied with river water or water from private wells is
also supplied with water from the municipal water supply system or by a
private water company, the sewer rent or charge for such property shall
consist of the rent or charge computed pursuant to this paragraph and
the rent or charges computed in accordance with paragraph two or three
of this subdivision as the case may be.
5. The commissioner of environmental protection shall have the power
to promulgate rules and regulations, subject to the approval of the
board of estimate, prescribing reasonable sewer rents or charges for any
such property which is used for an industrial or commercial purpose of
such a nature that water supplied to it cannot be entirely discharged
into the sewer system. The sewer rent or charges prescribed pursuant to
this paragraph shall be based, as far as practicable, upon the amount of
sewage discharged into the sewer system as estimated by the commissioner
of environmental protection, or where an estimate of such amount is
impracticable, upon any other basis bearing a reasonable relationship to
the amount of sewage discharged into the sewer system.
c. Additional rule making powers. The commissioner of environmental
protection shall have the power to make such additional rules and
regulations as may be necessary to carry out the provisions of this
section. Such rules and regulations shall be subject to approval by the
board of estimate.
d. Cooperation by private persons, water companies, and public
agencies. The commissioner of environmental protection may require
every person who owns or occupies real property within the city, every
private water company supplying water to property within the city, and
all municipal agencies, officers, and employees to furnish him or her
with such information as may be necessary to carry out the provisions of
this section. Every such person, water company, or municipal agency,
officer, or employee shall cooperate with the commissioner of
environmental protection in carrying out the provisions of this section
and shall comply with all rules and regulations promulgated pursuant to
this section. Such commissioner shall have the power to hold such
hearings and to subpoena such witnesses and direct the production of
such books and papers as may be necessary to carry out the provisions of
this section.
e. Exemptions from sewer rents or charges. Any real property which is
entitled to an exemption from the payment of water rents or charges
shall also be exempt from payment of the sewer rents or charges imposed
hereunder.
f. Payment and enforcement of sewer rents or charges. All sewer rents
or charges imposed hereunder shall be due and payable at the times and
in the manner provided in chapters three and four of title eleven of the
code. Such rents or charges shall constitute a lien upon the real
property served by the sewer system and such lien shall be prior and
superior to every other lien or claim except the lien of an existing
tax, water rent or local assessment. Such rents or charges shall be
collected and the liens thereof may be foreclosed in the manner provided
in chapters three and four of title eleven of this code.
g. Sewer fund. The revenues derived from the sewer rentals imposed
hereunder, including penalties and interest thereon, shall be kept in a
separate and distinct fund to be known as the sewer fund. Such fund
shall be used for the payment of the cost of the management,
maintenance, operation and repair of the sewer system, the cost of
administering and enforcing the provisions of this section and the cost
of collection of the sewer rents or charges imposed pursuant to the
provisions of this section, and any surplus in such fund shall be used
for the payment of the interest and amortization on any debt which has
been or shall be incurred for the construction of intercepting sewers
and sewage treatment and disposal works, and for the enlargement,
replacement, or addition of intercepting sewers or sewage treatment
works. However, such funds shall not be used for the extension of sewers
to serve unsewered areas.
Section 24-515
§ 24-515 Overflow sewers; where discharged. a. All overflow sewers
deemed necessary for the relief of any main sewers may be discharged
into the Gowanus canal or any other canal or inlet within, or water
adjacent to, the city.
b. The city shall keep all canals free of any obstruction that may be
occasioned by the discharge of such overflow sewers into them. For that
purpose, the commissioner of environmental protection shall dredge the
same from time to time.
Section 24-516
§ 24-516 Newtown creek sewers. All sewers emptying directly or
indirectly into Newtown creek shall be closed and may be used only as
tributaries to other sewers not emptying directly or indirectly into
such creek; except that whenever, by reason of heavy rainfall or snow,
the sewage and drainage emptying into the sewer in Johnson avenue,
borough of Brooklyn, shall be more than such sewer or its extension will
carry to the East river, the excess may be discharged into Newtown
creek.
Section 24-517
§ 24-517 Injury to sewers. It shall be unlawful for any person to
injure, break or remove any portion of a receiving basin, covering,
flag, manhole, vent, sewer, sewage disposal plant or drain, to obstruct
the mouth of a sewer or drain, or to place or deposit any substance
exceeding one ton in weight upon any wharf or bulkhead through which a
sewer or drain has been laid or upon or over any sewer or drain where
the same shall be within three feet of the surface of the street.
Section 24-518
§ 24-518 Obstructing substances. It shall be unlawful for any person
to permit any substance to flow or pass into any sewer, drain or
receiving basin, connecting with a public sewer, if such substance may
form a deposit tending to choke such sewer, drain or basin.
Section 24-518.1
§ 24-518.1 Food waste disposals. a. The following terms, as used in
this section, shall have the following meanings: 1. A "dwelling" is any
building or structure or portion thereof which is occupied in whole or
in part as the home, residence or sleeping place of one or more human
beings.
2. A "private dwelling" is any building or structure designed and
occupied for residential purposes by not more than two families. Private
dwellings shall also be deemed to include a series of one-family or
two-family dwelling units each of which faces or is accessible to a
legal street or public thoroughfare, if each such dwelling unit is
equipped as a separate dwelling unit with all essential services, and if
each such unit is arranged so that it may be approved as a legal
one-family or two-family dwelling.
3. A "multiple dwelling" is a dwelling which is either rented, leased,
let or hired out, to be occupied, or is occupied, as the residence or
home of three or more families living independently of each other. A
multiple dwelling shall also include residential quarters for members of
personnel of any hospital staff which are not located in any building
used primarily for hospital use, but any building which was erected,
altered or converted prior to July first, nineteen hundred fifty-five,
to be occupied by such members or personnel or is so occupied on such
date shall not be subject to the requirements of the housing maintenance
code only so long as it continues to be so occupied if there are local
laws applicable to such building and such building is in compliance with
such local laws. A multiple dwelling does not include (i) a hospital,
convent, monastery, asylum or public institution; or (ii) a fireproof
building used wholly for commercial purposes except for not more than
one janitor's apartment and not more than one penthouse occupied by not
more than two families.
4. The term "putrescible solid waste" shall mean solid waste
containing organic matter having the tendency to decompose with the
formation of malodorous by-products.
b. Food waste disposals for the discharge of putrescible food wastes
from dwelling units may be installed in private dwellings and multiple
dwellings, provided that:
1. all putrescible food wastes discharged to a sanitary sewer or to a
combined storm and sanitary sewer are discharged in fluid form and at a
reasonably uniform rate so as to prevent clogging or stoppage of the
drain line, sanitary sewer or combined storm and sanitary sewer;
2. the installation of such food waste disposals is approved by the
department of buildings and is in compliance with applicable provisions
of the administrative code.
c. 1. The department shall conduct a pilot study of the use of food
waste disposals in private dwellings and multiple dwellings served by
combined storm and sanitary sewer systems. The study shall include, but
need not be limited to, an analysis of the following:
i. the impact of grease and food solids on combined sewers;
ii. the impact on water consumption;
iii. the impact on the nutrient content of raw and treated effluent;
iv. the impact of increased pollutant loadings to receiving waters,
including increases in biological oxygen demand and suspended solids;
v. the impacts on wastewater treatment processes;
vi. the impact on sludge treatment processes and management;
vii. the impact on the city's ability to comply with applicable
statutes, rules, regulations, permits and orders;
viii. the impact on solid waste management as determined by the
department of sanitation; and
ix. any other impacts on the environment, public health and safety,
and the cost of operating the water and sewer system.
2. The department may select an appropriate number of private
dwellings or multiple dwellings within the city served by combined storm
and sanitary sewer systems to participate in the pilot study. The number
of food waste disposals that will be installed as part of the pilot
study shall be no fewer than one hundred and shall not exceed one
thousand. The study shall be deemed to have commenced when food waste
disposals are installed in at least fifty percent of the dwelling units
in the dwellings selected for the study and the commissioner has
authorized the operation of these disposals; provided, however, that the
department may deem the study to have commenced upon the installation of
food waste disposals in less than fifty percent of the dwelling units
within the dwellings selected for the study if the department finds that
a valid study may be conducted with such lesser percentage of
installations. In combined storm and sanitary sewer areas, food waste
disposals may be installed only in those dwellings selected by the
department to participate in the study.
3. The department shall within fifteen months of the commencement of
the pilot study, but not later than twenty-one months from the effective
date of this local law submit a report to the mayor and the council
which shall include a detailed analysis of the findings of such study
and conclusions and recommendations based on such analysis with respect
to the installation of food waste disposals in private dwellings and
multiple dwellings served by combined storm and sanitary sewer systems.
Section 24-519
§ 24-519 Volatile, flammable liquids. It shall be unlawful to use any
connection with, opening into, or gutter leading into, any sewer or
drain, either public or private, for the conveyance or discharge,
directly or indirectly, into such sewer or drain, of any volatile
flammable liquid, gas or vapor; (A volatile, flammable liquid is any
liquid that will emit a flammable vapor at a temperature below one
hundred sixty degrees, Fahrenheit).
Section 24-520
§ 24-520 Steam and hot water. a. It shall be unlawful to discharge
waste water into any sewer at a temperature higher than that prescribed
by the commissioner of environmental protection.
b. It shall be unlawful to use a connection with or opening into any
sewer or drain for the conveyance or discharge of steam or hot water at
a temperature above that prescribed by such commissioner into such sewer
or drain, or to discharge steam, or permit it to escape into any sewer,
drain, or public street, from any stopcock, valve or other opening in
any steam pipe or main.
c. The commissioner of environmental protection, upon the expiration
of five days after notice, shall discontinue the discharge of steam or
hot water from any connection, cancel the permit for such connection and
close up and remove the same, if the discharge of steam or hot water
therefrom shall not have been discontinued.
Section 24-521
§ 24-521 Excavations for public works. a. Notice to public service
corporations. Whenever any sewer, culvert, water main or pipe is to be
constructed, altered or repaired in any street in which the pipes, mains
or conduits of public service corporations are laid, the contractor
therefor shall give notice thereof in writing to such corporations, at
least forty-eight hours before breaking ground therefor. Such provision
shall be included in every contract for constructing, altering or
repairing any sewer or culvert, water main or pipe, in any street in
which the pipes, mains or conduits of public service corporations shall
be laid at the time of making such contract.
b. Public service corporations shall protect their property. Public
service corporations whose pipes, mains or conduits are about to be
disturbed by the constructing, altering or repairing of any sewer,
culvert, water main or pipe, shall, on the receipt of the notice
provided for in the preceding subdivision, remove or otherwise protect
and replace their pipes, mains and conduits, and all fixtures and
appliances connected therewith or attached thereto, where necessary,
under the direction of the commissioner of design and construction in
accordance with chapter fifty-five of the charter, unless otherwise
directed by the mayor pursuant to such chapter.
c. The enforcement of subdivisions a and b hereof shall be pursuant to
sections 19-149, 19-150 and 19-151 of the code.
Section 24-522
§ 24-522 Maintenance of private sewers or drains located in public
property or in private or public streets and emptying into the public
sewer system. a. As used in this section:
1. The term "private sewer or drain" shall mean any private sewer or
drain located in public property or in any public or private street or
streets and emptying into the public sewer system, but shall not include
a curb-to-sewer connection as defined in section 24-512 of the code or a
house sewer connection.
2. The term "private street" shall mean a privately owned street in
which the public has a right of user not subject to revocation by the
owner thereof.
b. Notwithstanding any other provision of law, it shall be the duty of
the department of environmental protection to control, maintain,
supervise and repair, and to inspect periodically, private sewers or
drains as defined in subdivision a hereof, provided, however, that the
department shall have no obligation or duty to replace or reconstruct
any such sewer or drain. The cost of such control, maintenance,
supervision, repair and inspection shall be borne by the city, within
the amounts duly appropriated therefor.
c. Right of entry. 1. The commissioner of environmental protection,
his or her deputies and any other officers and employees of the
department of environmental protection, when authorized by such
commissioner, may enter upon public or private property and bring in
necessary equipment at reasonable hours, for the purpose of exercising
the powers or performing the duties of the department under this
section. Refusal to permit such entry or equipment shall be punishable
as provided in section 24-524 of this chapter.
2. The owner of any parcel of real property connected to the public
sewer system, as a condition precedent to the continuance of such
connection, and the owner of any parcel of real property who makes
application or causes an application to be made on his or her behalf for
connection with the public sewer system, as a condition precedent to the
granting of permission for such connection, shall be deemed to have
consented and agreed that the commissioner of environmental protection
and his or her deputies and such other officers or employees of the
department of environmental protection as are authorized by such
commissioner may, without fee or hindrance, enter the premises connected
with the sewer system, or any part thereof and bring in any necessary
equipment at proper or reasonable hours for the purpose of exercising
the powers and duties of such department prescribed by this section.
Section 24-523
§ 24-523 Industrial waste; sewer surcharges. a. Definitions. As used
in this section, the following terms shall mean:
1. Commissioner. Commissioner of environmental protection.
2. Sewer system. The sewers, manholes, intercepting sewers, 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.
3. Sewage. The water-carried human or animal wastes from residences,
buildings, industrial establishments, or other places, together with
such ground water infiltration and surface water as may be present. The
admixture with sewage as above defined by industrial waste or other
wastes as hereafter defined, also shall be considered "sewage" within
the meaning of this section.
4. Industrial waste. 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
any natural resources.
5. Other wastes. Garbage, refuse, decayed wood, sawdust, shavings,
bark, sand, lime, cinders, ashes, and all other discarded matter not
sewage or industrial waste.
6. B.O.D. (Denoting biochemical oxygen demand). 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 (p.p.m) or (mg/liter)
of oxygen used in a period of five days at twenty degrees C.
7. S.S. (Denoting suspended solids). The laboratory determination of
the dry weight expressed in parts per million (p.p.m) or (mg/liter) of
solids that either float on the surface or are in suspension in sewage
and can be removed from sewage by filtration.
8. pH. The logarithm of the reciprocal of the hydrogen ion
concentration. It indicates the intensity scale of acidity and
alkalinity expressed in terms of pH scale running from 0. to 14. A pH
value of 7.0 the midpoint of the scale, represents exact neutrality.
Values above 7.0 indicate alkalinity and those below 7.0 acidity.
9. Chlorine demand. The amount of chlorine expressed in milligrams per
liter which will complete the normal reactions with all chemicals and
materials in the waste leaving an excess of 0.1 milligrams per liter
after thirty minutes contact time at room temperature.
10. Normal Sewage. Sewage, industrial waste or other wastes having all
of the following characteristics:
B.O.D. 1,667 lbs. per million gallons
(200 parts per million) or less.
Chlorine Demand 208 lbs. per million gallons
(25 parts per million) or less
S.S. 1,667 lbs. per millions gallons
(200 parts per million) or less
Ether soluble materials 417 lbs. per million gallons
(50 parts per million) or less
pH not less than 5.0 and not more than 9.5
11. Receivable Industrial Waste. Sewage, industrial waste or other
wastes having all of the following characteristics:
B.O.D. 2,500 lbs. per million gallons
(300 parts per million) or less
Chlorine Demand 208 lbs. per million gallons
(25 parts per million) or less
S.S. 2,916 lbs. per million gallons
(350 parts per million) or less
Ether soluble materials 417 lbs. per million gallons
(50 parts per million) or less
pH not less than 5.0 and not more than 9.5;
and such other characteristics as may be specified by the commissioner
by rules and regulations promulgated pursuant to the provisions of
subdivision e of this section.
12. Pollutants. Substances which may be present in sewage, industrial
waste or other waste, whether gaseous, liquid or solid, the amounts of
which, for the purposes of this section, shall be determined by the sum
of the B.O.D. and the S.S. present therein.
13. Toxic substances. Any substance on the list of toxic pollutants or
combination of pollutants published by the administrator of the federal
environmental protection agency pursuant to section 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 sewer system may tend to (i)
interfere with or inhibit any sewage treatment plant process or disposal
operations, or (ii) be detrimental to the health of human beings or
animals or to aquatic life.
14. Cost per pound of removing pollutants from sewage discharged into
the sewer system. An amount certified annually by the commissioner which
shall be determined by dividing the total costs of removing pollutants
from the sewage discharged into the sewer system during the calendar
year immediately preceding the date of certification (including the
interest and amortization paid in such year upon indebtedness for
capital improvements in connection therewith other than original plant
construction or expansion) as computed by the commissioner, by the total
number of pounds of pollutants removed in such year as computed by the
commissioner. The amount so certified shall be filed in the department
of public works on July first of each year and shall be used in
computing the surcharges hereunder for the use of the sewer system
during the one year period commencing on such July first.
15. Laboratory determination. 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 measurement test
or analysis, of "Standard Methods for Examination of Water and Sewage" 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 method prescribed by the
commissioner by rules and regulations promulgated pursuant to this
section.
b. Imposition and computation of sewer surcharge.
1. In addition to any other fees, charges or sewer rents provided by
section 24-514 of the code or any other law, the owner of any parcel of
real property connected with the sewer system, including but not limited
to real property connected with the sewer system by means of a private
sewer or drain emptying into the sewer system, shall pay a surcharge for
the use of the sewer system for discharging any sewage, industrial waste
or other waste, accepted for admission thereto in which the
characteristics resulting from pollutants contained therein exceed the
maximum values of such characteristics in receivable industrial waste as
defined in subdivision a of this section and the rules and regulations
of the commissioner adopted pursuant to this section.
2. i. Such charge shall be computed by the commissioner in accordance
with the following formula: The amount of the surcharge shall equal the
product of:
(A) the cost per pound of removing pollutants from the sewage in the
sewer system,
(B) a conversion factor and
(C) the volume of sewage, industrial waste or other wastes discharged
into the sewer system, multiplied by the sum of (A) the average
concentration in parts per million by weight of suspended solids for
sewage, industrial waste or other wastes discharged into the sewer
system, in excess of three hundred fifty parts per million, and (B) the
average concentration in parts per million by weight of the biochemical
oxygen demand for sewage, industrial waste, or other wastes discharged
into the sewer system in excess of three hundred parts per million. Such
formula expressed in symbols shall be as follows:
Ds = C x F x V x [(S.S. -- 350) + (B.O.D. - 300)]
where
Ds = amount of surcharge, in dollars;
C = cost per pound (in dollars) of removing pollutants
from the sewage discharged into the sewer system
expressed to the nearest tenth of a cent;
F = 62.4
1,000,000, i.e., the factor for converting parts per
million by weight to pounds per million cubic feet;
V = volume, in cubic feet of sewage, industrial
waste or other wastes discharged from such
premises into the sewer system;
S.S. = parts per million by weight of suspended solids
in sewage, industrial waste or other wastes discharged
from such premises into the sewer system;
350 = maximum parts per million by weight of S.S.
allowable in receivable industrial waste;
B.O.D. = parts per million by weight of B.O.D. in the
sewage, industrial waste or other wastes discharged
from such premises into the sewer system;
300 = maximum parts per million by weight of B.O.D. allowable
in receivable industrial waste.
ii. In applying such formula the commissioner may use, as the figure
representing the number of cubic feet of sewage discharged into the
sewer system,
(A) the amount of water supplied to the premises by the city or a
private water company as shown upon the water meter if the premises are
metered, or
(B) if the premises are supplied with river water or water from
private wells, the amount of water supplied from such sources as
estimated by the commissioner, pursuant to paragraph four of subdivision
b of section 24-514 of this chapter, or
(C) if such premises are used for an industrial or commercial purpose
of such a nature that the water supplied to the premises cannot be
entirely discharged into the sewer system, the estimate of the amount of
sewage discharged into the sewer system made by the commissioner,
pursuant to the provisions of paragraph five of subdivision b of section
24-514 of the code, or
(D) the number of cubic feet of sewage discharged into the sewer
system as determined by measurements and samples taken at a manhole
installed by the owner of the property served by the sewer system at his
or her own expense in accordance with the terms and conditions of the
permit issued by the commissioner pursuant to this method, or
(E) a figure determined by the commissioner by any combination of the
foregoing or by any other equitable method.
c. 1. The commissioner may require that a permit be obtained for the
discharge whether direct or indirect into the sewer system or into any
private sewer or drain emptying into the sewer system, of sewage,
industrial wastes or other wastes, the characteristics of which do not
conform to the characteristics prescribed for normal sewage in
accordance with the provisions of paragraph ten of subdivision a of this
section or for the discharge of any toxic substance or any other
objectionable material or substance specified by the rules and
regulations promulgated pursuant to subdivision e of this section. The
commissioner, in his or her discretion, may require a permit for all
such discharges or for any class or category of such discharges. Any
discharge pursuant to such permit shall be upon such terms and
conditions as may be established by the commissioner in the issuance of
such permit. Such terms and conditions may include requirements of a
limitation upon the volume of sewage and the rate of flow permitted from
the premises which are the subject of the permit, the installation and
maintenance by the permittee at his or her own expense of facilities or
equipment for intermittent or continuous measurement of sewage,
industrial waste or other wastes discharged into the sewer system from
such premises, the installation and maintenance by the permittee, at his
or her own expense, of detention tanks or other facilities or equipment
for reducing the maximum rates of discharge of sewage to such percentage
of the twenty-four hour rate as may be required by the commissioner, the
installation and maintenance by the permittee, at his or her own expense
of such preliminary treatment facilities as may be required by the
commissioner, the installation and maintenance by the permittee, at his
or her own expense, of a suitable control manhole in the house sewer, if
any, carrying such sewage; the submission to and approval by the
commissioner of the plans for any of the facilities or equipment
required to be installed and maintained by the permittee pursuant to
such terms and conditions; and such other terms and conditions as may be
necessary to protect the sewer system and carry out the provisions of
this section. Such terms and conditions may also provide that subsequent
to the commencement of operation of any preliminary treatment facilities
required by the commissioner, periodic reports shall be made by the
permittee to the commissioner, setting forth adequate data upon which
the acceptability of the sewage, industrial waste or other wastes, after
treatment, may be determined. A violation by the permittee of any term
or condition of the permit shall constitute cause for revocation or
suspension of the permit.
2. Whenever required to carry out the provisions of this section and
the regulations promulgated pursuant to this section, the commissioner
may require any person discharging directly or indirectly into the sewer
system or into any private sewer or drain emptying into the sewer system
to (i) establish and maintain such records, (ii) make such reports,
(iii) install, use and maintain such monitoring equipment or methods
(including where appropriate biological monitoring methods) (iv) sample
such effluents (in accordance with such methods, at such locations, at
such intervals and in such manner as the commissioner shall prescribe)
and (v) provide such other information as he or she may reasonably
require.
3. Any person discharging directly or indirectly into the sewer system
or into any private sewer or drain emptying into the sewer system, shall
be deemed to have consented and agreed that the commissioner or his or
her deputies or such other officers or employees as are authorized by
the commissioner may enter on the premises from which such discharge is
emitted or in which any records required to be maintained under
paragraph two are located and may at reasonable times have access to and
copy any records, inspect any monitoring equipment or method required
under paragraph two and sample any effluents discharged from the
premises to the sewer system.
4. It shall be unlawful to make any false statement, representation or
certification in any application, record, report, plan, or other
document filed with or required to be maintained by the commissioner or
to falsify, tamper with or knowingly render inaccurate any monitoring
device or method required to be maintained by the commissioner.
d. Sampling of industrial wastes. Whenever sewage, industrial waste or
other waste which has characteristics which do not conform to the
characteristics prescribed for normal sewage or receivable industrial
waste pursuant to paragraphs ten and eleven of subdivision a of this
section, or which contains toxic substances or other material or
substance excluded from the sewer system by the commissioner pursuant to
this section is discharged into the sewer system from any premises, the
commissioner shall have the power to take such samples and tests as may
be necessary to determine the nature and concentration of such wastes,
and shall have the power to reassess his or her findings by taking such
additional samples or tests at any time or by periodic rechecks without
notice to the owner or person discharging such wastes. Samples shall be
taken and flow measurements made, whenever possible, at a common manhole
into which all flows of sewage, industrial waste or other waste from
such premises are combined. Such manhole shall be constructed by the
owner of such premises, at his or her own expense, when directed by
order of the commissioner. Whenever the installation of such a manhole
is impossible or impracticable, the owner of such premises shall
construct and maintain at his or her own expense, any additional
manholes required by order of the commissioner, for accurate measurement
of all flow of sewage, industrial waste or other wastes discharged from
such premises into the sewer system. Failure to comply with an order of
the commissioner issued pursuant to this subdivision may subject the
premises to temporary termination of water supply in accordance with the
provisions of section 11-314 of the code.
e. Rules and regulations. 1. The commissioner shall have the power to
promulgate rules and regulations:
(a) identifying toxic substances and regulating, restricting or
prohibiting the discharge of such substances into the sewer system in
amounts or concentrations which may cause any of the adverse effects
described in paragraph thirteen of subdivision a of this section;
(b) regulating, restricting or prohibiting the discharge into the
sewer system of any material or substance which is or may be detrimental
or destructive to the sewer system or the treatment processes thereof or
to the public health or welfare;
(c) specifying the characteristics and the minimum and maximum amounts
thereof, in addition to those specified in paragraph eleven of
subdivision a hereof, for receivable industrial waste;
(d) such additional rules and regulations as may be necessary to
protect personnel, the sewer system and the treatment process thereof
and the receiving waters; and
(e) regulating the amount and concentration of substances contained in
industrial waste discharged directly or indirectly into the sewer system
to achieve compliance with effluent limitations imposed upon city
discharges to receiving waters by federal or state law or regulation or
a discharge permit issued pursuant thereto.
2. The commissioner shall by rule or regulation adopt the standards,
prohibitions and requirements promulgated under the federal water
pollution control act, commonly referred to as the clean water act, as
amended, except where such standards, prohibitions and requirements are
less stringent than those which are established by the commissioner
pursuant to paragraph one or three of this subdivision.
3. Notwithstanding any inconsistent provision of paragraphs one and
two of this subdivision, the commissioner may order any person
discharging a toxic substance directly or indirectly into the sewer
system or into any private sewer or drain emptying into the sewer system
to reduce the amount or concentration of such toxic substance to a level
which the commissioner determines to be economically achievable by the
discharger notwithstanding that such level is lower than that which is
prescribed in the regulations adopted pursuant to paragraph one or two
or that the discharge is not regulated under such provision. Within
twenty days after the issuance of an order by the commissioner, any
person affected by such order may request a hearing before the
commissioner. The commissioner may suspend, revoke or modify the order.
f. Cooperation by private persons, water companies and public
agencies. 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 or her with
such information as may be necessary to carry out the provisions of this
section. The commissioner shall have the power to hold hearings and to
subpoena any such persons or company, or any officer, employee or agent
of any such company, and direct the production of books and papers in
order to carry out the provisions of this section. 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 this section and shall comply with all rules and
regulations promulgated pursuant to this section.
g. Payment and enforcement of sewer surcharges. All surcharges imposed
hereunder shall be due and payable at the times and in the manner
provided in chapters three and four of title eleven of the code with
respect to the payment of sewer rents based upon the metered supply of
water. Such sewer surcharges shall constitute a lien upon the real
property served by the sewage system and such lien shall be prior and
superior to every other lien or claim except the lien of an existing
tax, water rent, sewer rent or local assessment. Such sewer surcharges
shall be collected and the liens thereof may be foreclosed in the manner
provided in chapters three and four of title eleven of the code. The
revenues derived from the sewer surcharges imposed hereunder, including
penalties and interest thereon shall be paid into the sewer fund
established pursuant to section 24-514 of the code and shall be used in
the manner and for the purposes provided therein.
Section 24-524
§ 24-524 Enforcement and penalties. a. Notwithstanding any other
provision of law, the commissioner of environmental protection and the
environmental control board shall enforce the provisions of sections
24-504 through 24-522 and 24-523 of this chapter and the regulations
promulgated pursuant thereto. Such commissioner and board shall have the
power to issue such orders as may be provided for therein and such
additional orders as may be necessary for the enforcement of such
provisions.
b. 1. Whenever the commissioner of environmental protection has
reasonable cause to believe that a discharge in violation of the
provisions of sections 24-504 through 24-522 and 24-523 of this chapter
or any order, rule or regulation issued by the board or commissioner or
in violation of the conditions of any permit issued pursuant to such
provisions creates or may create an imminent danger to the sewer system
or to the public health or to the life or safety of persons, he or she
may issue a cease and desist order requiring any person who owns,
leases, operates, controls or supervises any building, structure,
facility or installation from which the unlawful discharge is emitted to
take such action as may be necessary to halt or prevent such discharge.
2. If service of the order cannot be made personally because such
person cannot be located at such time then service may be made by
delivering a copy to a person of suitable age and discretion at the
residence or place of business of the person sought to be served. If
service cannot be made personally or by such delivery to a person of
suitable age and discretion because of inability to locate or to obtain
the name or address of such person at such time, service may be made by
conspicuously posting a copy of such order upon the property to which it
relates. The posting of such order shall be sufficient notice of such
order to all persons having a duty in relation thereto under the
provisions of this subdivision.
3. If the order is not complied with or so far complied with as such
commissioner may regard as reasonable, within the time specified therein
such commissioner may act to halt or prevent such discharge by:
i. sealing, blocking or otherwise inactivating any equipment,
facility, or device;
ii. terminating the water supply to the premises;
iii. sealing, blocking or otherwise inactivating any private sewer or
drain emptying directly or indirectly into the sewer system;
iv. any other means or method that is reasonable under the
circumstances. For such purpose the commissioner of environmental
protection or his or her deputies or such other officers or employees as
are designated by the commissioner may enter on any public or private
property.
4. Any person affected by such an order may make written application
to the environmental control board for a hearing. Such hearing shall be
provided, pursuant to the rules and regulations of the board, and shall
be held within forty-eight hours after the receipt of such application.
The board may suspend, modify or terminate such order.
d. 1. In the case of any continued or knowing violation of any of the
provisions of sections 24-504 through 24-522 and 24-523 of this chapter
or any order, rule or regulation issued by the environmental control
board or commissioner of environmental protection pursuant thereto or of
the conditions of any permit issued pursuant to such provisions or where
the board finds that the violation of any of such provisions or of the
conditions of any such permit presents or may present a danger to the
environment or threatens to interfere with the operation of the sewer
system, the board after notice and the opportunity for a hearing in
accordance with the rules and regulations of the board, may issue a
cease and desist order requiring any person who owns, leases, operates,
controls or supervises any building, structure, facility or installation
to cease and desist from any activity or process which causes or is
conducted so as to cause such violation within the time specified in
such order.
2. Such order may provide that if the order is not complied with or so
far complied with as the commissioner of environmental protection may
regard as reasonable within the time specified therein, such
commissioner may take such action as shall be specified therein,
including but not limited to:
i. sealing, blocking or inactivating any equipment, facility or
device;
ii. terminating the water supply to the premises;
iii. sealing, blocking or inactivating any private sewer or drain
emptying directly or indirectly into the sewer system.
For such purpose the commissioner of environmental protection or his
or her deputies or such other officers or employees as are designated by
such commissioner may enter on any public or private property.
e. If the respondent fails to comply with any order issued by the
environmental control board or commissioner of environmental protection
or with the conditions of any permit, or such board or commissioner
otherwise deems it necessary, the corporation counsel, acting in the
name of the city, may maintain an action or proceeding in a court of
competent jurisdiction to compel compliance with or restrain by
injuction the violation of any order or permit issued by such board or
commissioner.
f. Any person who violates or fails to comply with any of the
provisions of section 24-504 through 24-522 and 24-523 of this chapter
or any order, rule or regulation issued by the environmental control
board or commission of environmental protection pursuant thereto or with
the conditions of any permit issued pursuant thereto shall be liable for
a civil penalty not exceeding ten thousand dollars for each violation,
provided that this subdivision shall not apply to subdivision c of
section 24-509 or subdivisions a and b of section 24-521, and provided
that the penalty for the removal of a manhole cover in violation of
section 24-517 shall be not less than two thousand five hundred dollars.
In the case of a continuing violation each day's continuance shall be a
separate and distinct offense. The environmental control board shall
have the power to impose such civil penalties. A proceeding to impose
such penalties shall be commenced by the service of a notice of
violation returnable to such board. Such board, after a hearing as
provided by the rules and regulations of the board, shall have the power
to enforce its final decisions and orders imposing such civil penalties
as if they were money judgments pursuant to subdivision d of section one
thousand forty-nine-a of the New York city charter. A civil penalty
imposed by the board may also be collected in an action brought in the
name of the city in any court of competent jurisdiction. The board, in
its discretion, may, within the limits set forth in this subdivision,
establish a schedule of civil penalties indicating the minimum and
maximum penalty for each separate offense.
g. In addition to the civil penalties set forth in subdivision f of
this section, any person who knowingly violates or fails to comply with
any provision of sections 24-504 through 24-522 or section 24-523 of
this chapter or any order, rule or regulation issued by the commissioner
of environmental protection or environmental control board pursuant
thereto or with the conditions of any permit issued pursuant thereto
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than two hundred fifty nor more than ten
thousand dollars, or by imprisonment not exceeding thirty days, or both
for each offense, provided that this subdivision shall not apply to
subdivision c of section 24-509 or subdivisions a and b of section
24-521, and provided that the punishment for the removal of a manhole
cover in violation of section 24-517 shall be a fine of not less than
five hundred dollars nor more than ten thousand dollars, or imprisonment
not exceeding thirty days, or both for each offense. In the case of a
continuing violation each day's continuance shall be a separate and
distinct offense. In addition to its application to any other person,
the fine provided for in this paragraph shall be deemed a special fine
for a corporation within the meaning of section 80.10 of the penal law
of the state of New York.
h. Any person who violates or fails to comply with any of the
provisions of sections 24-504 through 24-522 and 24-523 of this chapter
or any order, rule or regulation issued pursuant thereto or with the
conditions of any permit issued pursuant thereto shall be liable to the
city for any expense, loss or damage suffered by the city by reason of
such violation.
i. Unless otherwise provided in this section, service of any notice or
order required by this section may be made either personally or by mail
addressed to the last known address of the person to be served.
Section 24-525
§ 24-525 Permits. In all cases where provision is made by law that the
consent of the commissioner shall be obtained to authorize any act to be
done, he or she may grant a permit therefor, subject to the restrictions
of all laws in relation thereto. Upon granting any such permit, he or
she may exact such cash deposit or bond, or both, as he or she may deem
necessary to safeguard the interests of the city.
Section 24-526
§ 24-526 Conveyance of storm water from developments and lots and
certain adjacent paved areas to off-site disposal points. (a)
Definitions. As used in this section:
(1) "Building combined sewer" means a building sewer intended to
convey all types of wastewater, subject to certain restrictions;
(2) "Building sewer" means a sewer consisting of the part of the
horizontal piping of a drainage system that extends from the end of a
building house drain, as defined in section P100.00 of reference
standard RS-16 of this code, to a street sewer or to another point of
disposal. Building combined sewers and building storm sewers are types
of building sewers;
(3) "Building storm sewer" means the part of the horizontal piping of
a storm water drainage system that extends from a building house storm
drain, as defined in section P100.00 of reference standard RS-16 of this
code, to a street storm sewer, a street combined sewer or another point
of disposal;
(4) "Catch basin" means a storm sewer inlet connected to a storm sewer
or a combined sewer;
(5) "Development" means a tract of land which has been subdivided into
two or more lots, whether or not such tract has been developed as by the
installation of any utilities or the construction of any streets or
buildings or other structures;
(6) "Lot" means a portion or parcel of land considered as a unit; a
zoning lot;
(7) "Owner" means a person in whom legal or equitable title to
property or premises is vested, a mortgagee or vendee in possession of
premises, as assignee of rents, a receiver of premises, or a person
listed as owner or agent for an owner on the records as to real property
ownership maintained by the bureau of city collections of the department
of finance unless such person establishes that such records are
erroneous or, if claiming that he or she is an agent of the owner,
furnishes the identity of the owner;
(8) "Person" means a natural person, company, partnership,
corporation, association, governmental body or other legal entity,
including any individual or entity acting in a representative capacity;
(9) "Private" means not public;
(10) "Public" means owned by the city and intended for use by the
public, subject to restrictions which the city or agencies thereof may
impose;
(11) "Storm water" means rainwater or surface water;
(12) "Street combined sewer" means a street sewer which is intended to
receive the discharge of all types of wastewater, subject to certain
restrictions, from one or more building sewers and catch basins and to
convey such wastewater to an intercepting sewer, a private sewage
disposal system or some other point of disposal;
(13) "Street sewer" means a sewer located in the bed of a street or
elsewhere which is intended to receive the discharge of all or certain
types of wastewater from one or more building sewers and, in some cases,
from catch basins, and to convey such wastewater to points of disposal.
Street combined sewers and street storm sewers are types of street
sewers;
(14) "Street storm sewer" means a street sewer which is intended to
receive the discharge of storm water from one or more building storm
sewers and catch basins and to convey such storm water to a point of
disposal; and
(15) "Tidal creek" means any creek where the level of water rises and
falls with tidal action, or would do so if not impeded by artificial
structures including but not limited to tide gates.
(b) Required conveyance of storm water for off-site disposal when
public sewers into which discharge is feasible are located within five
hundred feet of property. If the commissioner determines that a public
street storm sewer or a public street combined sewer is located within
five hundred feet, measured along a street, alley or right-of-way, from
any point on the boundary of a development or of a lot which is not
within a development into which it would be feasible, as described in
subdivision (g) of this section, to discharge storm water from such
development or lot:
(1) An owner of a lot within such a development or of such a lot not
within a development, who is constructing or causing to be constructed
on such a lot a single one-family or two-family detached or
semi-detached building, may dispose of the storm water falling or coming
to rest within such lot which is required, by paragraph two of
subdivision (b) of section P110.2 of reference standard RS-16 of this
code, to be conveyed to a boundary of such lot abutting a street for
off-site disposal, by causing such storm water to be discharged through
an under-the-sidewalk drain or across a sidewalk onto a paved street
improved in accordance with the requirements of the department of
transportation and containing curbs; provided that catch basins adequate
to receive such storm water are located, or are installed in accordance
with the requirements of this code and of the department, within five
hundred feet from the farthest point of storm water discharge onto such
street; provided further that the commissioner determines that such
means of storm water disposal is feasible, as described in subdivision
(g) of this section, and also provided that the commissioner of
buildings agrees with such determination.
(2) An owner of a lot within such a development or of such a lot not
within a development who is constructing or causing to be constructed a
building on such lot shall dispose of the storm water falling or coming
to rest on such lot which is required, by paragraph three of subdivision
(b) of section P110.2 of reference standard RS-16 of this code, to be
conveyed to a boundary of such lot abutting a street for off-site
disposal, except as provided in paragraph one of this subdivision, by
conveying such storm water, together with all storm water falling or
coming to rest on all streets and other paved areas outside of such lot
constructed or altered in connection with the construction of such
building for the primary purpose of improving vehicular or pedestrian
access thereto, by sewers, constructed in accordance with requirements
in subdivision (e) of this section and elsewhere in this code and of the
department, to such public sewer; provided that no sewage shall be
discharged into any such public street storm sewer. If installation of a
controlled flow storm water system, in accordance with the requirements
of section P110.6 of this reference standard, is necessary to make it
feasible to discharge such storm water into such public sewer, the owner
of the lot shall install such a system.
(c) Required conveyance of storm water for off-site disposal, prior to
January first, nineteen hundred ninety-four, when no public sewers into
which discharge is feasible are located within five hundred feet of
property. The requirements set forth in this subdivision shall apply to
the construction of all new buildings for which new building permits
have been filed prior to January first, nineteen hundred ninety-four. If
the commissioner determines that no public street storm sewer or public
street combined sewer is located within five hundred feet, measured
along a street, alley or right-of-way, from any point on the boundary of
a development or of a lot not contained in a development into which it
would be feasible to discharge storm water from such development or such
lot:
(1) An owner of a lot within such a development or of such a lot not
within a development who is constructing or causing to be constructed on
such lot a one-family, two-family or three-family building, where more
than thirty percent of the area being developed, exclusive of streets,
shall have no structures and shall be unpaved, but which area may have
not more than twenty percent of the floor area of all the structures in
the development devoted to nonresidential uses, may dispose of all or
some of the storm water falling or coming to rest on such lot which,
pursuant to paragraph three of subdivision (c) of section P110.2 of
reference standard RS-16 of this code, is conveyed to a boundary of the
lot abutting a street, by discharging such storm water through an
under-the-sidewalk drain or across a sidewalk onto a paved street
improved in accordance with the requirements of the department of
transportation and containing curbs, provided that:
(A) such person provides for the installation of all street storm
sewers or street combined sewers and catch basins, constructed in
accordance with the requirements in subdivision (e) of this section and
elsewhere in this code and of the department, such that a catch basin
adequate to receive such storm water, together with all storm water
falling or coming to rest on all streets and other paved areas outside
of such lot constructed or altered in connection with the construction
of such building for the primary purpose of improving vehicular or
pedestrian access thereto, shall be located within five hundred feet
from the farthest point of storm water discharge onto such street, and
such that the street storm sewers or street combined sewers extend from
such catch basin to a point of disposal described in paragraph three of
this subdivision; the requirements of this subparagraph shall not apply
if private catch basins and sewers meeting all the requirements of this
subparagraph are already present; and
(B) the commissioner determines that such means of storm sewer
disposal is feasible, as described in subdivision (g) of this section,
and the commissioner of buildings agrees with such determination.
(2) An owner of a development which shall only contain buildings
described in paragraph four of subdivision (c) of section P110.2 of
reference standard RS-16 of this code who conveys storm water falling or
coming to rest within such development to a boundary of such
development, pursuant to such paragraph, or an owner of a lot, whether
or not within a development, who is constructing or causing to be
constructed on such lot a new building and who is required to convey
storm water falling or coming to rest within such lot to a boundary of
such lot abutting a street, pursuant to paragraph five of subdivision
(c) of section P110.2 of reference standard RS-16 of this code, shall
convey such storm water, together with storm water falling or coming to
rest on all streets and other paved areas outside of such development or
lot which are constructed or altered in connection with the construction
of such buildings or building for the primary purpose of improving
vehicular or pedestrian access thereto, from such boundary by sewers,
constructed in accordance with the requirements in subdivision (e) of
this section and elsewhere in this code and of the department, to a
point of disposal described in paragraph three of this subdivision.
(3) Points of disposal for storm water disposed of pursuant to this
subdivision are:
(A) the New York Harbor, or a point on a tidal creek acceptable to the
commissioner as an adequate storm water outlet; provided that only
building storm sewers and, if necessary, street storm sewers are
constructed and that no sewage is discharged at such a point of
disposal; and provided that such outlets shall only be used in
compliance with applicable provisions of law;
(B) a public street storm sewer or public street combined sewer,
regardless of its distance from the property, to which the commissioner
determines that conveyance of storm water is feasible, as described in
subdivision (g) of this section, provided that no sewage shall be
discharged into a street storm sewer; or
(C) an existing private street storm sewer or private street combined
sewer to which the commissioner determines that conveyance of storm
water is feasible, as described in subdivision (g) of this section;
provided that such street sewer connects with a public street sewer or,
if it is a private storm sewer, discharges directly into the New York
harbor, or into a point on a tidal creek acceptable to the commissioner
as an adequate storm water outlet, in accordance with applicable
provisions of law; and provided further that no sewage shall be
discharged into a street storm sewer.
(d) Required conveyance of storm water for off-site disposal, on or
after January first, nineteen hundred ninety-four, when no public sewers
into which discharge is feasible are located within five hundred feet of
property. The requirements set forth in this subdivision shall apply to
the construction of all new buildings for which new building permits
have been filed on or after January first, nineteen hundred ninety-four.
If the commissioner determines that no public street storm sewer or
public street combined sewer is located within five hundred feet,
measured along a street, alley or right-of-way, from any point on the
boundary of a development or of a lot not contained in a development
into which it would be feasible to discharge storm water from such
development or such lot, an owner of a lot within such a development or
of such a lot not within a development who is constructing or causing to
be constructed a building on such lot shall dispose of storm water
falling or coming to rest within such lot, together with storm water
falling or coming to rest on all streets and other paved areas outside
of such lot which are constructed or altered in connection with the
construction of such building for the primary purpose of improving
vehicular or pedestrian access thereto, by means acceptable to the
commissioner and the commissioner of buildings, including but not
limited to those set forth in section P110.13 of this reference
standard; provided, however, that such persons shall not be required to
construct street storm sewers or street combined sewers for distances
greater than seven hundred fifty feet.
(e) Maximum required capacity for street storm sewers or street
combined sewers required by this section. The commissioner may require
an owner of a lot or a development who is required by this section to
construct street storm sewers or street combined sewers to construct
such sewers with a capacity not to exceed twenty-five percent above and
beyond the capacity which the commissioner determines is needed for the
disposal of storm water falling or coming to rest on such property
together with storm water falling or coming to rest on all streets and
other paved areas outside of such property which are constructed or
altered in connection with the construction of a building or buildings
on such property for the primary purpose of improving vehicular or
pedestrian access thereto. The department reserves the right to
construct catch basins connected to such sewers at the cost and expense
of the city, to alleviate flooding or ponding conditions, provided that
the commissioner determines that the capacity of such sewers shall not
be exceeded.
(f) Repair of defects in catch basins and sewers required. Any owner
of property who causes any catch basin or any sewer which shall lie
outside of such property to be constructed pursuant to subdivision (b),
(c) or (d) of this section shall cause all defects in such catch basin
or sewer and all faults in its installation to be repaired for a period
of two years after it has been installed, immediately after the
department orders such person to do so.
(g) Feasibility of discharging storm water into a street storm sewer
or a street combined sewer. The commissioner shall determine that the
discharge of storm water into a street storm sewer or a street combined
sewer pursuant to this section is feasible if he or she finds that:
(1) the sewer is of adequate capacity to receive all such storm water
or would be adequate to receive it if the owner of property installed
controlled flow storm water systems, in accordance with the requirements
of section P110.6 of reference standard RS-16 of this code, to restrict
the maximum anticipated storm water flow to a level set by the
commissioner;
(2) the sewer is in adequate physical condition to receive such storm
water;
(3) no physical obstacle which would make conveyance of such storm
water to the sewer impracticable exists between the sewer and the
boundaries of the development or lot from which such storm water shall
be discharged;
(4) conveyance of such storm water to the sewer is not impracticable
because of the elevation of the sewer in relation to the development or
lot from which such storm water shall be discharged;
(5) the sewer is located in the same drainage area as all or most of
the development or lot from which such storm water shall be discharged;
and
(6) no other factor reasonably related to the conveyance of such storm
water from such development or lot to the sewer would make the discharge
of such storm water into the sewer impracticable or undesirable as a
proper means of storm water disposal.
(h) Time by which construction of the part of the storm water drainage
system required by this section shall be completed. The part of the
storm water drainage system for property required by this section shall
be completed prior to the issuance of a certificate of occupancy by the
department of buildings for, and actual occupancy of, the building in
connection with which such storm water drainage system is being
constructed.
(i) Performance bond, license and insurance required. If an owner of
property is required to construct or repair defects in catch basins or
sewers which shall lie outside of such property, in connection with the
construction of a new building pursuant to this section, he or she shall
provide the department with:
(1) a performance bond or other security satisfactory to the
department and approved as to form by the law department of the city for
the full cost, as estimated by the department, of performing all such
construction and repair work;
(2) any license or other written instrument which the commissioner or
the law department of the city may reasonably request which gives the
department, its agents and contractors and the surety for a performance
bond described in paragraph one of this subdivision the legal right to
enter private property to perform such construction and repair work,
pursuant to the terms of the performance bond or in accordance with the
conditions of acceptance of other security described in paragraph one of
this subdivision, and the legal right to connect to, to extend or to
discharge storm water into any private sewer authorized as a point of
disposal pursuant to paragraph three of subdivision (c) of this section,
in the event that the owner of property fails to do so as required by
this section; and
(3) insurance of a kind and in an amount which the commissioner and
the law department of the city deem satisfactory to insure the city
fully for all risks of loss, damage to property or injury to or death of
persons to whomever occurring arising out of or in connection with the
performance of such sewer construction and repair work.
(j) Contractual obligations of the city not abrogated. The provisions
of this section shall not be construed to abrogate or contravene any
contractual obligation of the city to construct storm water drainage
systems or parts thereof. The requirements of subdivisions (b), (c),
(d), (f) and (i) of this section shall be inapplicable to an owner of
property insofar as they relate to any construction work required to be
performed by the city pursuant to such a contractual obligation.
(k) Determination by the board of standards and appeals. Any
determination made by the board of standards and appeals with reference
to the disposal of storm water, pursuant to the provisions of section
27-160 and section P110.2 of reference standard RS-16 of this code,
shall be binding upon the department for the purposes of the enforcement
and administration of this section.
Section 24-526.1
§ 24-526.1 Sustainable stormwater management. a. Definitions. For the
purposes of this section only, the following terms shall have the
following meanings:
1. "Best Management Practices" or "BMPs" mean source control measures.
2. "Bioretention" means using living vegetative systems to capture,
store, and cleanse stormwater. Bioretention may be achieved by, among
other things, rain gardens, vegetated buffers, swales, and medians.
3. "Bluebelt" means engineered and natural aquatic systems, such as
existing wetlands, streams and ponds, that control the movement of water
and prevent flooding, as an alternative to constructing storm sewers.
4. "Blueroof" means a rooftop detention system.
5. "Cisterns" means storage tanks that are used to capture and store
rainwater and other precipitation.
6. "City" means the city of New York.
7. "Downspout disconnections" means disconnecting downspouts from the
sewer system, such that water from downspouts drains into bioretention
devices, cisterns, or other stormwater control devices.
8. "Green roof" means a living vegetative system partially or wholly
covering a roof.
9. "Green street" means a street that incorporates environmentally
beneficial engineering techniques into its design, including vegetative
source control measures.
10. "Green wall" means a living vegetative system partially or wholly
covering a wall.
11. "Grey-water reuse" means reuse of wastewater for beneficial
purposes such as irrigation.
12. "High level storm sewer" means a storm sewer in which the catch
basin connection is removed from the combined sewer under streets or in
the public right-of-way and connected to a new storm sewer that will
convey stormwater directly to ambient surface waters. As a general
matter this type of separation is also called "partial separation."
13. "Loading" means an amount of matter that is introduced into a
receiving waterbody.
14. "Non-technological measure" or "non-technological source control
measure" means a source control measure that does not use technology to
control stormwater, such as operational strategies, procedural changes
to design and construction protocols, or performance standards.
15. "Office" shall mean such office or agency as the mayor shall
designate.
16. "Permeable pavement" means any area paved with material that
permits water penetration into a suitably designed discharge bed.
Permeable pavement may consist of any porous surface materials that are
installed, laid, or poured.
17. "Pollution loading" means an amount of pollutants that is
introduced into a receiving waterbody.
18. "Rain barrel" means a barrel used to hold rainwater.
19. "Source control measure" means any stormwater management practice
designed to reduce and/or slow the flow of stormwater into a combined
sanitary and stormwater sewer or a separate stormwater sewer, including,
but not limited to, any such practices commonly referred to as "Low
Impact Development" or "Best Management Practices."
20. "Subgrade storage chambers" means underground stormwater storage
facilities that are designed to hold stormwater to prevent such water
from entering combined or other sewer systems.
21. "Technological measure" or "technological source control measure"
means a source control measure that uses a technology to control
stormwater, such as rooftop detention or a constructed bioswale.
22. "Tree cover" means the extent to which an area is covered by the
canopy of living trees.
23. "Tree pit design" means the specifications according to which
space is created for the planting of trees in paved areas, including but
not limited to the depth and breadth of the planting area, the type of
soil, and the type of barrier, if any, constructed around the perimeter
of the planting area.
24. "Vegetative source control measure" means a source control measure
that relies on living vegetative systems to reduce and/or slow the flow
of stormwater into a combined sanitary and stormwater sewer or a
separate stormwater sewer.
25. "Waterbody means any river, tidal estuary, bay, creek, canal, or
other body of surface water.
b. Development of sustainable stormwater management plan. 1. The
office shall develop a proposed and final sustainable stormwater
management plan. Such plan shall identify and provide for the
implementation throughout the city, on both public and private
properties, of efficient, effective, and feasible technological and
non-technological source control measures to reduce the volume of water
flowing into the city's sewer system and the pollution loadings carried
by stormwater into the city's waterbodies. The overall goals of such
plan shall be to reduce the volume of stormwater flowing into the city's
sewer system, to improve water quality in the city's waterbodies and to
protect the public health through the restoration and protection of the
ecological health of the city's waterbodies, and to enhance use and
enjoyment of the city's waterbodies for recreational activities.
2. No later than October 1, 2008, the office shall submit a draft
sustainable stormwater management plan that meets the requirements of
this section to the mayor, speaker of the council, and the public for
review and comment. Submission to the public may be made by posting a
draft plan on the internet.
3. Two months after the release of the draft plan, but no later than
December 1, 2008, the office shall submit a final sustainable stormwater
management plan that meets the requirements of this section to the
mayor, speaker of the council, and the public. Such plan shall be
reviewed and revised by the office as necessary to achieve such plan's
goals; provided that such review must occur at least once every four
years. Any such revisions and the reasons for such revisions should be
clearly indicated in such plan.
4. No later than October 1, 2010, and no later than October 1 of every
second year thereafter, the office shall submit a report to the mayor,
the speaker of the council, and the public, which shall include, but not
be limited to, the implementation status of the measures included in the
plan prepared pursuant to this subdivision, including a quantitative
assessment, where susceptible to quantification, and a qualitative
assessment of the progress made toward achieving each of the milestones
identified in such plan and, where revised, an explanation for such
revision.
c. Plan elements. The plan prepared pursuant to subdivision b of this
section, as it may be revised pursuant such section, shall include but
not be limited to the following:
(1) a statement of goals related to reducing the volume of stormwater
flowing into the city's sewer system, improving water quality in the
city's waterbodies, protecting the public health through the restoration
and protection of the ecological health of the city's waterbodies,
enhancing use and enjoyment of the city's waterbodies for recreational
activities, and such other aspects of stormwater management deemed
appropriate.
(2) an identification and description of the technological and
non-technological measures included in such plan, including, for each
such measure, (i) a statement regarding the general site conditions
required and types of properties where each such measure is typically
feasible for implementation and (ii) identification to the greatest
extent feasible of the areas in the city that satisfy those conditions
and a prioritization of such areas according to the magnitude of
potential benefits achievable through implementation of source control
measures;
(3) for each of the technological measures included in such plan, (i)
an identification of the agencies and/or offices of the city that would
oversee and/or be responsible for constructing, permitting or otherwise
approving or promoting such measures and (ii) any prerequisites to
adoption of such technological measures, including but not limited to
technical studies, pilot projects, funding and budgetary considerations,
and federal, state or local legislative or regulatory action;
(4) for each of the non-technological measures included in such plan,
(i) an identification of protocol amendments and the agencies and/or
offices of the city that would be responsible for adopting such measures
and (ii) any prerequisites to adoption of such measures, including but
not limited to funding and budgetary considerations, and federal, state
or local legislative or regulatory action;
(5) descriptions of any modeling methodologies used to identify
technological measures, a statement of all inputs used to complete any
modeling run, and the results of any modeling, or a compilation of other
supporting data, whether derived from a model or not;
(6) for each of the specific goals, measures and prerequisites
included in such plan, (i) a timeline setting forth target dates to
achieve interim and final milestones, including but not limited to
protocols for monitoring, assessing, and reporting progress toward
achieving such milestones, provided that such milestones shall, where
susceptible to quantification, be expressed quantitatively, and any
potential prerequisites to achieving such milestones, including but not
limited to technical studies, pilot projects, and federal, state or
local legislative action and (ii) identification of budgetary
authorizations, appropriations, or other allocations that are necessary
to implement the measures and goals included in such plan;
(7) protocols for signage and for a program of public notification to
inform the public of the location and occurrence of combined sewer
overflow events, which such program shall include a mechanism to alert
potential users of the waterbodies affected by combined sewer overflow
events, through the use of radio, print media, internet, 311, e-mail
alerts or similar modes of communication, of the estimated nature and
duration of conditions that are potentially harmful to users of such
waterbodies;
(8) a methodology to be used for quantitatively measuring the
performance of source control measures undertaken and/or monitored by
the city where feasible;
(9) a summary of public input provided during the development of such
plan, steps taken to solicit input pursuant to subdivision e of this
section, the office's responses to comments received from the public
pursuant to subparagraph (i) of paragraph 1 of subdivision e of this
section, and a summary of steps the department has taken and will take
to involve the public, including organizations and members of the public
with relevant knowledge and expertise, in the implementation of such
plan.
d. Initial assessment of measures. 1. In addition to any other source
control measure the office deems appropriate in the plan prepared
pursuant to this section, the office shall assess the technical and
environmental feasibility, benefits, costs and cost-effectiveness of
including the following source control measures:
(i) amending the protocols, procedures and/or rules and regulations
applicable to the scoping, design, preliminary and final budget
approval, and operations and maintenance of city-owned or city-financed
projects, to require the consideration of source control measures and
other stormwater controls at the earliest possible stage;
(ii) establishing performance, construction and/or design standards
for the minimization and control of stormwater runoff from new or
existing roads, bridges, and other portions of the public right-of-way;
(iii) establishing performance, construction and/or design standards
for the minimization and control of stormwater runoff from new or
existing public open space, public building green roofs, parks, or
plazas;
(iv) requiring mandatory technological source control measures on
public and private property, including, but not limited to, bluebelts,
green roofs, bioretention, tree cover and tree pit design, permeable
pavement, wetland preservation and creation, green streets, green walls,
blue roofs, rain barrels, cisterns, downspout disconnections, subgrade
storage chambers, and grey-water reuse; provided that such plan shall
prioritize vegetative source control measures where feasible;
(v) creating incentives, including, but not limited to, tax
incentives, grant programs, low-interest financing, expedited
permitting, and restructuring of water and sewer rates, to encourage the
owners of new and existing private buildings to retrofit or construct
such buildings and improvements with appropriate source control
measures;
(vi) amending provisions in the building code, housing maintenance
code, zoning resolution, and other applicable federal, state and local
laws, rules and regulations applicable to all new or existing public or
private construction projects or property, to require the implementation
of source control measures and to institute quantitative performance
standards for the minimum amount of stormwater that must be retained,
detained, infiltrated, and/or reused on-site;
(vii) using new and existing public open space, public building roofs,
parks, and plazas for detention, retention, infiltration, reuse and
natural filtering of stormwater;
(viii) implementing a public education program to increase awareness
about the need to reduce the flow of stormwater into the city's sewer
systems and waterbodies, and about specific methods and practices for
doing so;
(ix) supplementing high-level storm sewers with source control
measures to reduce stormwater runoff volume and/or pollutant loadings at
sites where high-level storm sewers are built, have been proposed, or
are under consideration;
(x) promoting water conservation;
(xi) adapting ongoing ambient water quality monitoring programs to
provide for regular collection of samples in the immediate vicinity of
combined sewer outfalls during or immediately following combined sewer
overflow events; and
(xii) encouraging the development of existing and new local markets,
job training, and employment opportunities to support the implementation
and maintenance of source control measures.
2. For purposes of the assessments carried out pursuant to paragraph
one of this subdivision benefits considered shall be quantified to the
greatest extent practicable and shall include, but not be limited to (i)
water quality benefits to particular waterbodies, stormwater capture
rates, reductions in combined sewer overflow discharge volumes, the
potential savings in hard infrastructure, construction and maintenance
costs, and reduction of the city's operating expenses for sewage
treatment and (ii) non-water quality related environmental, public
health, aesthetic, and economic benefits, such as those associated with
cooling and cleansing the air, reducing energy demand, sequestering and
reducing emissions of greenhouse gases, beautifying neighborhoods,
providing habitat for birds and other wildlife, and developing new local
markets that can stimulate job growth.
e. Public input. 1. The office shall solicit public input during the
development of the plan prepared pursuant to subdivision b of this
section. Opportunities for such input shall include, at a minimum, (i) a
thirty day comment period immediately following the release of the draft
plan pursuant to this section, at which time the office shall consider
all comments received on such plan and (ii) quarterly public forums at
which representatives of the office shall provide updates on the
office's progress in preparing such plan and invite feedback from
participants. The office shall respond to all substantive comments
received pursuant to subparagraph (i) of paragraph 1 of this
subdivision.
2. The office shall involve the public and organizations and members
of the public with relevant knowledge and expertise in the
implementation of the measures included in such plan.
f. Each management report and preliminary management report submitted
to the council by the mayor pursuant to section 12 of the New York city
charter shall include, with respect to each agency or office identified
in paragraphs 3 and 4 of subdivision c of this section, quantitative
indicators of progress towards implementing the measures included in the
plan prepared pursuant to subdivision b of this section.
Section 24-527
§ 24-527 Watershed protection plan for the watershed/sewershed of
Jamaica bay. a. No later than October 1, 2007, the commissioner shall
complete a watershed protection plan for the watershed/sewershed of
Jamaica bay, which shall, among other things, include measures the city
can implement to help protect Jamaica bay. The overall goal of such plan
shall be to restore and maintain the water quality and ecological
integrity of Jamaica bay.
b. The commissioner shall assess the technical, legal, environmental
and economical feasibility of including the following measures, at
minimum, in the plan prepared pursuant to subdivision a of this section:
(1) best management practices for the minimization and control of soil
erosion and stormwater runoff and reduction of both point and non-point
source pollution, including, but not limited to, the promotion of
development practices such as the on-site detention and infiltration of
stormwater runoff, the minimization of impervious surfaces and the
creation of natural systems to control and minimize stormwater runoff;
(2) measures to address threats to aquatic habitat, including, but not
limited to, stabilizing and restoring salt marshes, wetlands, soils and
other natural areas, strengthening ecological buffers, restoring natural
features to the Jamaica bay watershed/sewershed shoreline, and
reestablishing water flows;
(3) land acquisition and land use planning practices and
opportunities, including, but not limited to, incentives, such as
expedited permitting and property tax relief, for infill, brownfield
redevelopment and other environmentally beneficial development, and
disincentives, such as stricter development guidelines, for development
that may adversely impact Jamaica bay;
(4) a protocol for coordination with appropriate federal, state and
city governmental entities that have jurisdiction over the Jamaica bay
area, with respect to, but not limited to, efforts to restore and
maintain the water quality and ecological integrity of Jamaica bay and
notification regarding proposed development projects within the Jamaica
bay watershed/sewershed that may adversely impact Jamaica bay;
(5) a protocol for coordination with the office of operations that
ensures that environmental assessments and reviews of projects within
the Jamaica bay watershed/sewershed address potential impacts to Jamaica
bay and are conducted pursuant to all applicable federal, state and city
environmental quality review laws and regulations;
(6) a public education program, including, but not limited to,
programs for schools, developers, commercial facilities, civic groups
and other local organizations and entities to increase awareness about
the ecological significance and degradation of Jamaica bay; potential
threats to Jamaica bay; restoration and watershed stewardship activities
undertaken by the department and others involving Jamaica bay; and
methods and practices to reduce pollution in Jamaica bay; and
(7) a program to target enforcement efforts that will help reduce
polluting behaviors and operations that may adversely impact Jamaica
bay.
c. The watershed protection plan prepared pursuant to subdivision a of
this section, as it may be revised pursuant to subdivision h of this
section, shall contain the following:
(1) specific goals related to restoring and maintaining the water
quality and ecological integrity of Jamaica bay;
(2) the geographic boundaries of the watershed/sewershed of Jamaica
bay for the purpose of achieving the goals of such plan and an
explanation for the selection of such boundaries;
(3) the assessments the commissioner completed for each measure
considered for inclusion in such plan;
(4) for any final recommendation of the Jamaica bay watershed
protection plan advisory committee established pursuant to subdivision j
of this section that was not assessed for inclusion or incorporated in
such plan, an explanation for such omission; and
(5) a schedule, including interim and final milestones, for
implementing the measures and achieving the specific goals included in
such plan and methods of monitoring progress towards achieving such
milestones and goals.
d. No later than October 1, 2006, the commissioner shall complete an
interim report on the preparation of the watershed protection plan
required pursuant to subdivision a of this section, which shall include,
at minimum, the following elements:
(1) a description of the current status of the plan preparation,
including, but not limited to, the status of all feasibility assessments
of measures conducted pursuant to subdivision b of this section; and
(2) for each preliminary recommendation of the Jamaica bay watershed
protection plan advisory committee provided to the commissioner pursuant
to paragraph four of subdivision j of this section, the commissioner
shall state whether:
i. the recommendation will be incorporated into the plan required
pursuant to subdivision a of this section;
ii. the recommendation will not be incorporated into such plan, in
which case the commissioner shall provide a detailed explanation of the
basis for any such omission; or
iii. the recommendation will be further assessed for inclusion in such
plan, in which case the commissioner shall provide a detailed
explanation of the reason for such further assessment, including a
timeline for such assessment's completion.
e. No later than March 1, 2007, the commissioner shall complete a
draft of the watershed protection plan for the watershed/sewershed of
Jamaica bay required pursuant to subdivision a of this section.
f. The commissioner shall implement the plan prepared pursuant to
subdivision a of this section, as it may from time to time be revised
pursuant to subdivision h of this section, in accordance with its
provisions.
g. The commissioner shall submit to the mayor and the speaker of the
council the watershed protection plan, draft of such plan and interim
report prepared pursuant to subdivisions a, d and e of this section, or
any revised plan prepared pursuant to subdivision h of this section, no
later than five business days after its completion.
h. The watershed protection plan prepared pursuant to subdivision a of
this section shall be reviewed and revised as necessary to achieve its
goals, but in no event shall such review occur less often than once
every two years.
i. No later than October 1, 2008, and no later than October 1 of every
second year thereafter, the commissioner shall submit a report to the
mayor and the speaker of the council, which shall include, but not be
limited to:
(1) the implementation status of the measures included in the
watershed protection plan prepared pursuant to subdivision a of this
section, as it may have been revised pursuant to subdivision h of this
section; and
(2) where the plan has been reviewed in accordance with subdivision h
of this section and the commissioner determines that no revisions are
required, such determination and the reasons for it.
j. (1) A Jamaica bay watershed protection plan advisory committee
shall be established, which shall provide advice to the commissioner for
the duration of its term and provide preliminary and final
recommendations to the commissioner and the speaker of the council on
the watershed protection plan required pursuant to subdivision a of this
section regarding:
i. the specific goals of such plan related to restoring and
maintaining the water quality and ecological integrity of Jamaica bay;
ii. the geographic boundaries of the watershed/sewershed of Jamaica
bay to be included in such plan;
iii. any measures that should be assessed by the commissioner for
inclusion in such plan, in addition to those listed in subdivision b of
this section;
iv. the assessment of the technical, legal, environmental and
economical feasibility of including in such plan the measures listed in
subdivision b of this section and any additional measures; and
v. a schedule, including interim and final milestones, for
implementing the measures and achieving the specific goals to be
included in such plan and methods of monitoring progress towards
achieving such milestones and goals.
(2) Such advisory committee shall be comprised of seven members, three
of whom shall be appointed by the speaker of the council and four by the
mayor. The members shall be appointed within forty-five days after the
effective date of this section and shall serve without compensation. The
chairperson(s) shall be elected from amongst the members. Any vacancy
shall be filled in the same manner as the original appointment for the
remainder of the unexpired term. The commissioner may provide staff to
assist the advisory committee.
(3) Such members of the advisory committee shall serve until three
months after the date upon which the commissioner completes the
watershed protection plan prepared pursuant to subdivision a of this
section, after which time the committee shall cease to exist.
(4) No later than July 1, 2006, the chairperson(s) of such committee
shall submit a report containing the committee's preliminary
recommendations regarding the watershed protection plan required
pursuant to subdivision a of this section to the commissioner and the
speaker of the council.
(5) No later than June 1, 2007, the chairperson(s) of such committee
shall submit a report containing the committee's final recommendations
regarding the watershed protection plan required pursuant to subdivision
a of this section to the commissioner and the speaker of the council.
Section 24-528
§ 24-528 New York city comprehensive wetlands study and protection
strategy. a. Definitions.
1. "City" shall mean the geographic area constituting the city of New
York, including wetlands, shorelines and underwater lands.
2. "Office" shall mean the mayor's office of long-term planning and
sustainability.
3. "Wetlands" shall mean those areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas.
b. Preliminary satellite or aerial imagery survey. No later than
September 1, 2010, the office shall submit to the mayor and the speaker
of the council a preliminary survey of likely wetland areas based upon
satellite or aerial imagery. The preliminary satellite or aerial imagery
survey shall be for the purpose of indicating the overall size and
location of remaining wetlands within the city and therefore to inform
the development of an overall strategy for wetlands in the city.
c. Development of a comprehensive wetlands strategy. The office shall
complete a preliminary wetlands protection strategy the overall goals of
which shall be to (1) conserve, protect, enhance, stabilize, restore and
expand wetlands and associated buffer areas in the city; (2) avoid and
minimize wetlands losses and achieve no net loss of wetlands in the
city; (3) standardize and improve the management of wetlands and
associated buffer areas and (4) balance the needs for wetlands
protection with other, competing land uses that are in the public
interest, such as the construction of schools or affordable housing.
Such strategy shall consider (1) the ecological, hydrological, economic,
aesthetic and habitat functions of wetlands including, but not limited
to future protection from storm surges and other effects of rising sea
levels; (2) the current condition and protections afforded wetlands in
the city, including wetlands smaller than 12.4 acres in size; and (3)
the wetlands policies, laws, rules and regulations that have been
adopted by other municipalities in New York state.
d. (1) No later than December 31, 2011, the office shall submit a
preliminary comprehensive wetlands protection strategy that meets the
requirements of this subdivision to the mayor, the speaker of the
council and the public for review and comment. Access to the public
shall include posting such preliminary strategy on the city's website
and such other measures as the office deems appropriate to increase
notice.
(2) No later than March 1, 2012, the office shall submit a final
comprehensive wetlands protection strategy that meets the requirements
of this subdivision to the mayor, the speaker of the council and the
public. Submission to the public may include posting such final strategy
on the city's website and such other measures as the office deems
appropriate to increase notice.
(3) The comprehensive wetlands protection strategy shall include, but
not be limited to, the following:
(i) appropriate legal requirements, management mechanisms, funding
mechanisms, enforcement mechanisms and incentives to conserve, protect,
enhance, restore, stabilize and expand wetlands and associated buffer
areas in the city, whether publicly or privately owned;
(ii) appropriate legal requirements, management mechanisms, funding
mechanisms, enforcement mechanisms and incentives regarding management
of wetlands in the city by public and private owners to ensure their
consistency and best practices;
(iii) land acquisition and land use planning practices and
opportunities to provide for wetlands retreat;
(iv) strategies for adaptation to sea level rise that involve wetlands
to the extent not provided for in any other planning or management
initiatives undertaken by or on behalf of the city;
(v) opportunities to improve the implementation of wetlands mitigation
and creation activities;
(vi) a protocol for coordination with appropriate federal, state and
city governmental entities that have jurisdiction over or other property
interest in wetlands or associated buffer areas including, but not
limited to, coordination in the development of a comprehensive list of
wetland mitigation opportunities and notification procedures regarding
proposed development projects that may adversely impact wetlands or
associated buffer areas;
(vii) reporting mechanisms for wetlands indicators; and
(viii) a public education program to increase awareness about the
ecological, economic, aesthetic and other values of wetlands and their
associated buffer areas, which shall include information presented on
the city's website and such other means as the office deems appropriate.
(4) The comprehensive wetlands protection strategy shall include a
schedule and milestones for implementing the strategy and achieving its
goals.
(5) To the extent that any element of the comprehensive wetlands
protection strategy is provided for in any other planning or management
initiative undertaken by or on behalf of the city, such element may be
incorporated by reference.
e. The comprehensive wetlands protection strategy developed pursuant
to this section shall be reviewed and revised as necessary to achieve
its goals, the first such review to be undertaken within three years and
thereafter no less often than every four years. No later than April 22,
2015 and no later than every fourth year thereafter, the commissioner
shall submit a report to the mayor and the speaker of the council that
provides an update on the comprehensive wetlands protection strategy
developed pursuant to this section which shall include, but not be
limited to:
(1) the implementation status of the measures included in such
strategy, as it may have been revised pursuant to this subdivision; and
(2) specific progress towards each of the strategy's goals.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.