a. The commissioner shall have power to adopt rules:
1. controlling and providing for supervision over the conduct, operation, and use by persons or public agencies of all piers or lands or lands under water used as dumps, non-putrescible solid waste transfer stations or putrescible solid waste transfer stations, or for fill material operations;
2. requiring applicants and permittees to disclose to the department information determined by the commissioner to be necessary for the department to fulfill its duties under this title. Such information may include but need not be limited to financial statements, and any annual or quarterly report required to be filed with the state department of environmental conservation pursuant to regulations promulgated by such department to regulate solid waste management facilities;
3. requiring permittees to maintain records determined by the commissioner to be necessary for the department to fulfill its duties under this chapter and to protect the public health and safety. Such records shall include, without limitation, a log of the names of prospective customers denied the use of such dump, transfer station, or fill material operation.
b. The commissioner shall, pursuant to subdivision a of this section, adopt rules:
1. establishing, in consultation with the commissioners of health and environmental protection, requirements appropriate for protection of public health and the environment concerning siting of dumps, non-putrescible solid waste transfer stations, putrescible solid waste transfer stations and/or fill material operations in relation to other such facilities, residential premises and/or other premises for which such requirements may be appropriate. Requirements established pursuant to this paragraph shall be in addition to other applicable siting requirements;
2. limiting the hours of operation of premises required to be permitted pursuant to section 16-130 of this chapter;
3. prescribing the use of deodorants, and other odor control measures as may be needed, at putrescible solid waste transfer stations and, where appropriate, at other facilities required to be permitted pursuant to such section;
4. prescribing the use of ventilation systems in fully enclosed structures on premises required to be permitted pursuant to this section; and
5. requiring that all activities relating to the processing, tipping, sorting, storage and compaction of solid waste at putrescible solid waste transfer stations, and, in the commissioner's discretion, at other premises required to be permitted pursuant to this section, be conducted within a fully enclosed structure. If the commissioner determines that such activities would not adversely affect a residential area if not conducted within a fully enclosed structure, then the commissioner may grant an exemption from such requirement, provided that no exemption may be granted in contravention of regulations promulgated by the state department of environmental conservation to regulate solid waste management facilities or other applicable law. Any person who, on the effective date of this local law, holds a permit for, and conducts such activities on, premises where no fully enclosed structure exists, and who shall be required to conduct such activities within a fully enclosed structure, may be granted a reasonable time, to be determined by the commissioner, to construct such structure.
c. The commissioner shall issue permits to such persons or public agencies engaged in use of piers or lands or lands under water within the city as dumps, non-putrescible solid waste transfer stations or putrescible solid waste transfer stations. The commissioner shall collect an annual fee of seven thousand dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water used as a dump or as a non-putrescible solid waste transfer station, and an annual fee of thirteen thousand dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water used as a putrescible solid waste transfer station. The commissioner shall collect an annual registration fee of seven thousand dollars for an intermodal solid waste container facility. The commissioner may by rule provide for suspension or revocation of any permit or registration issued pursuant to this subdivision for cause or violation of the orders or rules of the commissioner.
d. The commissioner shall issue permits every six months to persons or public agencies engaged in use of piers or lands or lands under water for fill material operations. The commissioner shall collect a fee every six months of twelve hundred fifty dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during such six-month period is equal to or greater than one thousand cubic yards, and a fee of six hundred twenty-five dollars for each permit for any such pier or part thereof, or for each piece or parcel of land or land under water where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during such six-month period is less than one thousand cubic yards, provided that no fee shall be charged for the first six-month permit issued in a calendar year for any pier or part thereof, or for each piece or parcel of land or land under water where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during such six-month period is less than three hundred cubic yards. The commissioner may by regulation provide for suspension or revocation of any permit issued pursuant to this paragraph for cause or violation of the orders or rules or regulations of the commissioner. Notwithstanding any other provision of this section or of section 16-130 of this chapter, no permit or fee shall be required of an owner or occupant of residential property engaged in a fill material operation or such property where the anticipated or actual aggregate amount of fill material for grading, levelling, surcharging, compacting or final disposition during a six-month period is less than three hundred cubic yards.
e. Rules adopted by the commissioner pursuant to this section shall become effective only after filing and publication as prescribed by chapter forty-five of the charter. In addition, notwithstanding such chapter, prior to adoption by the commissioner of a final rule pursuant to subdivision e of section one thousand forty-three of the charter, and after consideration of relevant comments presented pursuant to subdivision d of such section, the commissioner shall submit to the council the draft text of the final rule proposed to be published in the City Record; the council shall have thirty days to comment upon such text. The final rule may include revisions in response to comment from members of the council and shall not be published in the City Record before the thirty-first day after such submission, unless the speaker of the council authorizes earlier publication.
f. As used in this section:
1. the terms "dump," "non-putrescible solid waste transfer station," "putrescible solid waste transfer station," "fill material" and "fill material operation" shall have the meanings ascribed in section 16-130 of this chapter; and
2. the term "intermodal solid waste container facility" shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1990/040 and L.L. 1996/042.