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a. The department shall undertake a resource assessment of the city's potable water supply and wastewater treatment systems and the natural bodies of water within the city's jurisdiction to determine the potential of such systems and bodies of water for generating electricity. In performing such assessment the department shall include an examination of the potential to construct and operate energy generating facilities within such systems and natural bodies of water; the means for transmitting the electricity generated; the need to construct and operate generation-related infrastructure; grid-connection issues; generation system installation and maintenance costs; and risks to the operation of water supply and wastewater treatment systems and natural bodies of water posed by energy-generating facilities.
b. The department shall conduct a technological review of in-conduit and free-flow hydropower technologies that are appropriate for the pressure and water flow rates for each site identified in the resource assessment.
c. With information gathered during the resource assessment and technological review, the department shall conduct an economic analysis to determine the economic viability of generating electricity for each site identified in the resource assessment.
d. The resource assessment, technological review and economic analysis shall be completed within eighteen months of the effective date of the local law that added this section and shall be submitted to the mayor and the speaker of the council.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/024.
a. Whenever soil or foundation work, as defined in chapter 33 of the New York city building code, for any purpose, is proposed to a depth greater than 50 feet in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan, the owner of the premises, engineer, architect or contractor shall notify the department of environmental protection of the location of such activity at least 30 business days prior to commencement of such activity. Within 10 business days of receiving such notification, the department shall determine whether the location of such activity is in close proximity to critical infrastructure, as defined in rules promulgated by the department, and notify the owner of the premises, engineer, architect or contractor of such determination. If the department determines that the location of such activity is in close proximity to critical infrastructure, the owner of the premises, engineer, architect or contractor shall obtain a permit from the department prior to commencement of such activity. The issuance of any permit or approval by any agency of the city other than the department for such activity shall not relieve the owner of the premises, engineer, architect or contractor of the obligation to comply with the notification and permitting requirements of this section. The department may promulgate a rule waiving or amending the notification and permitting requirements of this section where the department determines that such activity must be performed on an emergency basis.
b. 1. The department may issue a stop work order whenever the department finds that any soil or foundation work in violation of this section or any rules promulgated thereunder creates a danger to critical infrastructure.
2. Such order shall be posted at the site of the soil or foundation work and served personally on or mailed to the owner or developer or to the person executing the work at the site or the agent of any of them. When there is an immediate danger to critical infrastructure, a verbal order to stop work may be given followed promptly by a written order in accordance with this subdivision.
3. Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner to make the site safe.
4. No person shall, with knowledge or notice of a stop work order, allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except work authorized or required by the commissioner to make the site safe.
5. Upon application in accordance with the rules of the department, the commissioner shall rescind the stop work order where the commissioner finds (i) that the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted or, (ii) where the stop work order was issued in error or conditions are such that the order should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order.
6. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed unless and until such stop work order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the commissioner.
(L.L. 2018/065, 1/19/2018, eff. 1/19/2019)
a. Notwithstanding any contrary provision of chapter 5 of title 23, the commissioner of environmental protection shall create and maintain a searchable online database through which members of the public who register and pay a periodic subscription fee, as established by the department, may access information about a water account in any commercial, residential and industrial property, however such database shall be subject to the exceptions provided in subdivision b. Such database shall be available on or through the city's website, in a non-proprietary format that permits automated processing, have the ability to produce reports by query, be accessible through an application programming interface and include all non-confidential information maintained in connection with such water account, including, but not necessarily limited to, the following:
1. Water meter number, as designated by the 8-digit serial number on such meter;
2. Date and copy of the bill of every bill issued for such water account, including metered billing and flat rate accounts and accounts billed attributed consumption charges, to the extent such bill is available to the customer for such water account on the portal provided to such customer;
3. Reading of such water meter, as recorded by the department, to the extent such reading is available to the department;
4. Total amount of water used pursuant to the reading described in paragraph 3 of this subdivision;
5. Current account balance for such water account, including open late payment charges;
6. Payment history dating back at least 5 years;
7. Date such water meter was installed and date such water meter was sealed, to the extent such dates are available;
8. Size of such water meter, in cubic feet;
9. Cumulative denial-of-access fees; and
10. Cumulative theft-of-service fees.
b. Such database shall not provide access to properties in tax class one with three or fewer dwelling units, to any person other than the owner of such property, a party or entity authorized by the property owner, a party appearing on the deed of such property, or any lender with an unpaid mortgage encumbering the property, provided that such property owners shall not be required to pay to register to access information in such database concerning said properties.
c. The database shall maintain the information required by subdivision a for any water meter that has been replaced.
d. The database shall include the information required by subdivision a starting from January 1, 1996 or the date the water meter was installed, whichever is later.
(L.L. 2021/145, 12/11/2021, eff. 4/10/2022)