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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.
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.
(Am. L.L. 2023/069, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/005.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/071 and L.L. 2008/017.
a. As used in this section the term "Jamaica Bay clean-up and resiliency project" means the cleanup of marine debris, management of combined sewer overflows and storm flows for the bay consistent with the Jamaica Bay watershed protection plan and taking into account the impacts of sea level rise.
b. There shall be a Jamaica Bay task force, which, during its term, shall provide advice and recommendations in a biannual report to the city with respect to the Jamaica bay clean-up and resiliency project. Such report shall be transmitted to the mayor, the speaker of the city council, the Jamaica Bay Science and Resilience Institute and other relevant entities in a form and manner to be determined by such task force.
c. The task force shall provide advice and recommendations on matters relating to or impacting the ongoing Jamaica Bay clean-up and resiliency project including but not limited to:
1. Review of measures proposed to restore and maintain the water quality and ecological integrity of the bay; and
2. Analysis of the impacts of sea-level rise on Jamaica Bay and the surrounding watershed including the underground aquifer and groundwater service area.
d. The task force shall be comprised of eleven members, five of whom will be appointed by the speaker of the council and six members by the mayor. The members shall include a representative from each community board in the Jamaica Bay Watershed as well as at least two representatives from the communities that adjoin Jamaica Bay. The members shall also include persons with relevant expertise and experience in the fields of hydrology, biology, geology and oceanography. Members shall be appointed within 180 days after the effective date of this section and shall serve without compensation. A chairperson shall be elected from amongst the members. Members shall serve five-year terms. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The commissioner may provide administrative assistance to the task force.
(L.L. 2018/179, 10/27/2018, eff. 10/27/2018)
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/031.
a. Definitions. For purposes of this section:
Applicant. The term "applicant" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that seeks a license or renewal of a license to engage in the operation of a car wash.
Car wash. The term "car wash" means any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles. "Car wash" shall not include:
1. any business entity that is engaged in selling, leasing, renting or repairing motor vehicles, where car washing is ancillary to the primary business of such entity;
2. any self-service facility for washing vehicles, where the facility's employees do not provide assistance to customers in the cleaning of vehicles, such as washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles, including businesses such as convenience stores, gas stations and oil change facilities, where car washing is ancillary to the primary business of the facility;
3. any person that engages in the cleaning of vehicles on an intermittent basis to raise funds for a not-for-profit organization; or
4. any federal, state or local governmental agency.
b. Prior to filing an application for a license or renewal of a license to operate a car wash pursuant to subchapter 33 of chapter 2 of title 20 of this code, an applicant shall certify to the commissioner that the following information, in a form and method prescribed by the commissioner, will be maintained by the applicant at its principal place of business for a minimum of three years, and such information shall be made available to the department or the department of consumer and worker protection upon request:
1. The source from which the applicant draws or will draw its water, whether from the public water supply, well water or other source;
2. For renewal applicants, the amount of water drawn from public sources each month since the applicant last filed an application;
3. Construction drawings and as-built plans, meaning the final set of drawings produced at the completion of construction, of any oil/water separator system or sand interceptor, attesting to the volume of the system and to the maximum flow of wastewater that the system can filter and otherwise clarify efficiently;
4. Written certification that the applicant has regularly removed, in accordance with the respective manufacturer's specifications, oil, sediment and other residues that may be regulated by the commissioner pursuant to department rules regarding sewer use from its oil/water separator system and sand interceptor, as well as the method or methods used to remove and dispose of such oil, sediment and other residues, and for renewal applicants, the frequency of such removal and disposal since the applicant last filed an application;
5. Written certification that the applicant has complied with the rules of the department regarding testing and reporting with respect to all backflow prevention devices;
6. A logbook of monitoring and inspection results and repair and maintenance activities with regard to oil/water separators, sand interceptors and other pretreatment devices or systems, and backflow prevention devices, since the applicant last filed an application, provided that an applicant for a new car wash shall begin maintaining such information between sixty and ninety days of commencement of operations after receiving a license from the department of consumer and worker protection pursuant to section 20-541 of this code; and
7. Material safety data sheets or safety data sheets that indicate the chemicals used in the operation of the car wash, where such material safety data sheets or safety data sheets are required by federal, state or local law, rule or regulation.
(L.L. 2015/062, 6/29/2015, eff. 12/26/201; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062 and L.L. 2020/080.
a. By no later than one year after the effective date of the local law that added this section, the department of environmental protection shall submit to the mayor and speaker of the council, and make publicly available online, a plan for mitigating flooding in Queens community districts 12 and 13. Such plan shall include, but not be limited to, a timeline for implementation of the plan, annual performance milestones and a description of funds anticipated to be expended by or on behalf of the city in connection with such flood mitigation, including, but not limited to, funds committed in fiscal year 2016 for such purposes.
b. By no later than six months after the end of each fiscal year, beginning with the first fiscal year that commences more than one year after the effective date of the local law that added this section, the department of environmental protection shall submit to the mayor and the speaker of the council a report on progress in implementing the plan required by subdivision a of this section during the prior fiscal year. Each such report shall include, but not be limited to, a description of any changes to such plan, a description of any changes in funds committed by or on behalf of the city in furtherance of such plan and a description of all funds expended by or on behalf of the city in furtherance of such plan.
c. This section expires 15 years after the effective date of the local law that added this section.
(L.L. 2017/056, 3/21/2017, eff. 3/21/2017)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
PCR using N1 Primer. The term "PCR using N1 Primer" means the measurement of the copies of the targeted viral RNA segment in a wastewater sample using a polymerase chain reaction based method.
SARS-CoV-2. The term "SARS-CoV-2" means severe acute respiratory syndrome coronavirus 2, which is the strain of coronavirus that causes the disease COVID-19.
Wastewater-based epidemiology. The term "wastewater-based epidemiology" means the chemical analysis of pollutants, viruses and biomarkers in raw wastewater to obtain qualitative and quantitative data on disease activity among inhabitants within a given wastewater catchment.
b. The commissioner, in consultation with the commissioner of health and mental hygiene, shall establish a pilot sampling program to quantify the levels of SARS-CoV-2 RNA in sewage at each city wastewater treatment plant in accordance with this section. Such sampling program shall occur on a frequency of no less than twice per week and shall include, but not be limited to, the measurement of the number of copies of SARS-CoV-2 RNA through the PCR using N1 Primer testing method or another testing method that reflects industry best practices.
c. The duration of such pilot sampling program shall be no less than six months and the commissioner, in consultation with the commissioner of health and mental hygiene, shall collect sewage samples in an amount necessary to measure the copies of SARS-CoV-2 RNA.
d. No later than January 31, 2022, the commissioner shall submit to the mayor and speaker of the council a report, which shall include, but not be limited to the following:
1. Results of sampling, disaggregated by the site where the sample was collected, date sample was collected, and date sample was tested, in order to monitor the leading indicators of increases or decreases in COVID-19 presence in each drainage area throughout the study;
2. The total cost of such pilot program;
3. Analysis of the effectiveness of the pilot program in testing for SARS-CoV-2;
4. Recommendations to expand the pilot program to include sampling at manhole sites and pumping stations if wastewater-based epidemiology detects SARS-CoV-2 in an amount, as determined by the commissioner of health and mental hygiene, that indicates a localized concentration of COVID-19;
5. Recommendations to extend the pilot program for up to an additional six months if more testing is necessary, as determined by the commissioner, in consultation with the commissioner of health and mental hygiene;
6. A plan for weekly testing at each city wastewater treatment plant if the commissioner of health and mental hygiene or state commissioner of health declares that the incidence of SARS-CoV-2 is appropriate for such action or if the centers for disease control and prevention issues a SARS-CoV-2 pandemic declaration;
7. Recommendations to use a sequencing testing method other than PCR using N1 Primer to test samples, if the commissioner determines that such additional testing method is beneficial; and
8. Recommendations for making the pilot program permanent.
e. The information required by paragraph 1 of subdivision d of this section shall be maintained on the website of the city.
(L.L. 2021/028, 3/14/2021, eff. 3/14/2021)
a. Backwater valve study and report. Not later than December 1, 2024, the department, or an agency or office headed by a mayoral appointee, as designated by the mayor, shall complete a study evaluating the benefits of installing backwater valves, as defined in section 202 of the New York city plumbing code, for the purpose of mitigating damage caused by backflow, as defined in section 202 of the New York city plumbing code, during severe weather events. Upon the completion of the study, a report summarizing the results of the study shall be submitted to the mayor and the speaker of the council and posted on the department's website.
b. Backwater valve program. Subject to appropriation, not later than April 1, 2025, the department, or another agency or office headed by a mayoral appointee, as designated by the mayor, shall establish a program to provide financial assistance to owners of certain real property that would reduce the cost of purchasing and installing a backwater valve. Such program shall be based on the results of the study described in subdivision a of this section, provided that: (i) a program to reimburse, or provide a discount to, owners of real property for the installation of backwater valves, has not been established by the New York city water board, as described by section 1045-f of the public authorities law; and (ii) a program to provide financial assistance to owners of such real property for the installation of backwater valves, has not been established by any public entity, or any entity acting on behalf of such public entity. Such program shall, at a minimum:
1. Prioritize neighborhoods, locations, or types of real property that regularly suffer damage caused by backflow during severe weather events and for which the installation of a backwater valve would serve the greatest public purpose, as determined by the department, agency or office, as designated by the mayor; and
2. Conduct outreach and education to owners of such real property to inform such owners about the benefits of backwater valves and the responsibilities related to maintaining such valves. Such outreach and education shall be in the designated citywide languages, as defined in section 23-1101.
(L.L. 2023/001, 1/7/2023, eff. 1/7/2023)
a. The commissioner, in collaboration with the department of buildings, shall publish on the green infrastructure program map, or on another map on the department’s website, the location of every green roof, as defined in section 24-526.1, in the city, using the best information available.
b. For each green roof indicated on such map, the map shall provide at a minimum, based on the best information available, the following information:
1. The occupancy group of the building or structure;
2. The area of the roof in square feet;
3. The area of the portion of the roof covered by the green roof system in square feet;
4. The estimated amount of water such green roof has the capacity to absorb; and
5. Any functions of the green roof, which may include, but need not be limited to, aesthetic, water retention, recreational, farming, or any other function designated by the department.
(L.L. 2023/154, 11/19/2023, eff. 3/18/2024)