Loading...
(a) Stand-alone dry cleaning facilities must be inspected at least annually, and mixed-use facilities must be inspected according to the following schedule:
(1) At least twice annually where any transfer or dry-to-dry vented equipment is operated; or
(2) At least annually where only non-vented equipment is operated.
(b) Such inspections must be performed by an inspector registered with the New York State Department of Environmental Conservation or by an individual working under the supervision of a registered inspector.
(c) All registered inspectors must meet the requirements of paragraphs (1), (2) and (3) of this subdivision. All individuals working under the supervision of a registered inspector must meet the requirements of paragraphs (2) and (3) of this subdivision.
(1) The inspector must be one of the following:
(i) a licensed professional engineer;
(ii) a registered architect; or
(iii) a certified industrial hygienist.
(2) Must possess a Dry Cleaner Owner/Manager certification in accordance with 15 RCNY § 12-14 and complete other appropriate training as specified by the New York State Department of Environmental Conservation on topics related to inspections.
(3) Must not be engaged in the sales or marketing of dry cleaning equipment. Must not be engaged in providing services to the dry cleaning industry. Employees of trade associations may not conduct inspections, but trade associations may solicit bids for performing inspections on behalf of their members.
(d) Inspections must be conducted in accordance with protocols specified by the New York State Department of Environmental Conservation, using an inspection reporting form supplied by the New York State Department of Environmental Conservation.
(e) Analysis of air samples collected by passive sampling devices or the equivalent must be conducted by a laboratory certified by the Environmental Laboratory Approval Program (ELAP) of the New York State Department of Health.
(f) The inspection will verify that the NOTICE required by 15 RCNY § 12-18 is posted in a conspicuous location in the facility.
(g) After the inspection is completed, the registered inspector must provide a completed inspection reporting form to the Department and to the facility owner within 45 days of the inspection.
(h) Failure of the registered inspector to comply with the above requirements may result in the removal of the registered inspector from the Department's list of registered inspectors.
(i) The owner/manager or operator must:
(1) Make available upon request the most recent completed inspection reporting form to interested individuals for review on premises during normal business hours.
(2) If the inspection reveals a leak or malfunction, the facility must be repaired within the timeframes established in 15 RCNY § 12-07 and reinspected within one month.
Any person requesting that use of alternative equipment or procedures be considered as equivalent to the requirements under 15 RCNY § 12-06 shall make an application to the New York State Department of Environmental Conservation in accordance with the requirements of § 232.17 of Title 6 of the Codes, Rules, and Regulations of the State of New York and shall submit a copy of the New York State Department of Environmental Conservation's equivalency determination to the Department.
(a) The facility owner must post the notice required by § 232.18 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York in a conspicuous location in the dry cleaning facility to inform building tenants and/or customers of the substances (perc) used in the dry cleaning system and potential health effects associated with exposure to them.
(b) In addition to the notice required by subdivision (a), the owner of a dry cleaning facility that uses perc in the cleaning process must post in a conspicuous location in the facility a notice, on a form to be provided by the Department and with dimensions of 8 1/2 × 11 inches, that contains the following statements:
(i) "Information about the hazardous chemical substance (perc) used at this dry cleaning facility can be found on the Material Safety Data Sheet, which may be read at www.nyc.gov/dep/drycleanermsds."
(ii) "This facility is inspected and permitted by the Department of Environmental Protection. The Department of Environmental Protection permit number is ____________. The RTK ID # is ____________."
(c) The owner of a dry cleaning facility that uses non-perc in the cleaning process must post in a conspicuous location in the facility a notice, on a form to be provided by the Department and with dimensions of 8 1/2 × 11 inches, that contains the following statements:
(i) "The primary non-perc chemical substance used at this dry cleaning facility is ______________."
(ii) "Detailed information about the primary non-perc chemical substance can be found on the Material Safety Data Sheet, which may be read at www.nyc.gov/dep/drycleanermsds."
(iii) "This facility is inspected and permitted by the Department of Environmental Protection. The Department of Environmental Protection permit number is ____________. The RTK ID # where applicable is __________."
(d) The owner of a dry cleaning facility that uses both perc and non-perc in the cleaning process must post the notice required by subdivision (c) of this section, in addition to the notices required by subdivisions (a) and (b) of this section.
Any person who is in violation of or fails to comply with any provision, standard, or requirement of this Rule or the terms and conditions of any permit issued pursuant to this Rule shall be subject to the issuance of notice(s) of violation and other enforcement action(s) pursuant to the provisions of the Administrative Code of the City of New York including, but not limited to, the payment of civil penalties and compliance with orders of the Environmental Control Board.