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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.
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.
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