Loading...
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.
a. For purposes of this section, the following terms have the following meanings:
Allowable runoff. The term "allowable runoff" means runoff authorized by the rules of the department of environmental protection to enter storm sewers, provided that such rules shall be consistent with the proper maintenance and purpose of such storm sewers and with the state pollutant discharge elimination system (SPDES) permit for municipal separate storm sewer systems of New York city, SPDES No. NY-0287890 or its successor.
Storm sewer. The term "storm sewer" means a sewer, the primary purpose of which is to carry stormwater.
b. No person shall discharge or cause to be discharged, directly or indirectly, into any storm sewer any substance other than stormwater or allowable runoff. Rules governing allowable runoff may require practices and procedures related to such discharges in furtherance of this section. Such rules may also require approval by the department of such discharges.
c. For purposes of this section, indirect discharges include but are not limited to discharges to any street, gutter, or other conveyance that could reasonably lead to a storm sewer.
(L.L. 2017/097, 5/30/2017, eff. 6/29/2017)
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104 and L.L. 1995/077.
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.
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 million 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 × F × V × [(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 = | 62.41,000,000, 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.
a. Orders. Notwithstanding any other provision of law, the commissioner of environmental protection, and the environmental control board within the office of administrative trials and hearings, shall enforce the provisions of subdivisions b and b-1 of section 1403 of the charter and sections 24-504 through 24-523 of this chapter and the rules 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. The department of environmental protection shall promulgate rules governing the appeal of orders issued by the commissioner.
b. Commissioner's cease and desist orders.
1. Whenever the commissioner of environmental protection has reasonable cause to believe that: (i) a discharge has occurred in violation of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or of any order or rule issued by the board or commissioner pursuant to such provisions or to subdivision a of this section in furtherance of such provisions or in violation of the conditions of any permit issued pursuant to such provisions and (ii) that such discharge creates or may create an imminent danger to the sewer system or to the public health or to the life or safety of persons, such commissioner 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 and mailing the order to the most recent residential or business address of record of the person sought to be served. The posting and mailing 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; or
iv. any other means or method that is reasonable under the circumstances.
For such purpose, in accordance with applicable law, 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 within the office of administrative trials and hearings for a hearing. Such hearing shall be provided, pursuant to the rules of such board within such office, and shall be held within two business days after the receipt of such application. The board may suspend, modify or terminate such order.
c. [Reserved.]
d. Environmental control board cease and desist orders.
1. In the case of any continued or knowing violation of any of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions 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 of such board within such office, 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; or
iv. any other means or method that is reasonable under the circumstances.
For such purpose, in accordance with applicable law, 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. Action by corporation counsel. If the respondent fails to comply with any order issued by the environmental control board within the office of administrative trials and hearings 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 injunction the violation of any order or permit issued by such board or commissioner.
f. Civil penalties. Any person who violates or fails to comply with any of the provisions of subdivision b or b-1 of section 1403 of the charter or section 24-504 through 24-523 of this chapter or any order or of any rule issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions 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 office of administrative trials and hearings, pursuant to section 1049-a of the charter, 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 office. Such office, after a hearing provided in accordance with applicable law and rules, 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 1049-a of the charter. A civil penalty imposed by such office may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The environmental control board within the office of administrative trials and hearings, 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 or may use a schedule adopted by the department of environmental protection.
g. Criminal penalties. 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 subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or commission of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions 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. Liability to the city. Any person who violates or fails to comply with any of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or of any rule issued pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be liable to the city for any expense, including but not limited to costs for response, remediation and emergency services or any other loss or damage suffered by the city by reason of such violation.
i. Service. Unless otherwise provided in this section, service of any notice or order required by this section may be made either personally or by mail.
j. Issuance. Officers and employees of the department of environmental protection and of other city agencies designated by the commissioner of environmental protection shall have the power to issue summonses, appearance tickets, orders and notices of violation based upon violations of this chapter or rules of the department promulgated hereunder.
k. Entry and inspection. An authorized representative of the department of environmental protection may enter on any property, consistent with applicable law and in accordance with rules of the department related to such entry and inspection, to inspect for compliance with this chapter and rules of the department promulgated hereunder.
(Am. L.L. 2017/097, 5/30/2017, eff. 6/29/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/035.
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.
(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 semidetached 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.
Loading...