For the purpose of this chapter, the meaning of terms shall be as follows (unless the context specifically indicates otherwise):
Allowable Runoff. "Allowable runoff" means non-stormwater discharges associated with firefighting activities or as otherwise authorized by the Commissioner pursuant to this chapter.
Articles. "Articles" means clothing, garments, textiles, fabrics, leather goods, and the like, that are dry cleaned.
Automatic grease removal device. "Automatic grease removal device" means a plumbing appurtenance that is installed in a drainage system to intercept grease-laden waste from a wastewater discharge. Such device operates on a time- or event-controlled basis and has the ability to remove free-floating fat, oil and grease automatically without intervention from the user, except for maintenance.
Best Management Practices ("BMP"). "Best Management Practices" or "BMP" include, but are not limited to, a schedule of activities, prohibitions, maintenance policies, and other management procedures that are implemented to prevent or reduce the discharge of pollutants into the public sewer system. Best Management Practices also include pretreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
Best Management Practices Plan ("BMPP"). "Best Management Practices Plan" or "BMPP", for the purposes of this regulation, means an operational methodology prepared in accordance with the requirements of this section and established by any person pursuant to this 15 RCNY Chapter 19 or by order of the Commissioner to prevent or reduce the discharge of any substance regulated under this Chapter, consistent with the principles of Best Management Practices, to the public sewer system.
Biological liquefaction system. See "food waste liquefier."
BOD (denoting Biochemical Oxygen Demand). "BOD" means 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 (ppm) or (mg/L) of oxygen used in a period of five days at 20°C.
Building drain. "Building drain," also known as "house drain," means that part of the lowest piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside and that extends to the exterior face of the exterior building wall, or the outlet of the most downstream trap, private manhole, catch basin, detention tank, or similar fixture or equipment, and conveys the drainage directly to the building sewer or, in the absence of a building sewer, to an approved place of disposal.
Building drainage system. "Building drainage system," also known as "house drainage system," means that part of the plumbing system which receives, conveys and removes liquid and waterborne wastes to a public or private sewer.
Building sewer. "Building sewer," also known as "house sewer," means that part of the drainage system that extends from the end of the building drain, or the outlet of the most downstream trap, private manhole, catch basin, detention tank or similar fixture or equipment, and conveys the discharge to a public sewer.
Bypass. "Bypass" means the intentional diversion of wastes from any portion of a treatment system.
Catch basin. "Catch basin" means a structure or device designed to collect and convey stormwater to a storm or combined sewer. It captures some of the debris and heavy solids carried by the flow in a settlement chamber and stores this material for periodic removal.
Clear water waste. "Clear water waste" means clear water drips from pumps and equipment, coil condensate, steam condensate, single pass refrigeration discharge, reduced pressure zone device discharge, and similar clear water drippage.
Combined sewage. "Combined sewage" means sewage originating from sanitary and/or industrial wastewater and stormwater.
Combined sewer. "Combined sewer" means a sewer receiving a combination of sewage, stormwater, groundwater and nonpotable clear water waste.
Commissioner. "Commissioner" means the Commissioner of Environmental Protection.
Contributory area. "Contributory area" means the area from which the intercepted sewage flow is controlled by a regulator chamber.
Cooling water. "Cooling water" means the water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other similar temperature reducing sources. It shall contain no polluting substances which would produce BOD or SS in excess of 10 mg/L or toxic substances in concentrations or amounts greater than those specified herein.
Cost per pound of removing pollutants. "Cost per pound of removing pollutants" means the cost per pound (in dollars) of removing from sewage the BOD and SS contained in wastewater discharged into the sewerage system expressed to the nearest tenth of a cent as certified by the Commissioner pursuant to Paragraph 14 of Subdivision a of § 24-523 of the Administrative Code.
Department. "Department" means the Department of Environmental Protection of the City of New York.
Dip tank. "Dip tank" means a separate tank that contains perchloroethylene and is used for purposes other than dry cleaning.
Discharge. "Discharge" means the introduction, placement, or release of any substance, whether knowing or unknowing, accidental or otherwise, into a public sewer or private sewer connected to a public sewer and shall include indirect discharges as defined herein.
Diversion chamber. "Diversion chamber" means a structure which diverts sanitary sewage into a regulator chamber under dry-weather conditions. During wet-weather it directs combined sewage, in excess of wastewater resource recovery facility capacity, to overflow into a tide gate chamber.
Drainage area. "Drainage area" means the geographical area which contributes flow to a particular location in the sewerage system.
Dry cleaning. "Dry cleaning" means the process used to remove soil, greases, paints and other unwanted substances from articles with the use of perchloroethylene.
Dry cleaning equipment. "Dry cleaning equipment" means any machine, device, or apparatus used to dry clean articles.
Dry cleaning facility. "Dry cleaning facility" means an establishment with one or more dry cleaning systems.
Dry cleaning system. "Dry cleaning system" means all of the following equipment, devices, or apparatus associated with the perchloroethylene dry cleaning operations, including, but not limited to: dry cleaning equipment; filter or purification systems; waste holding; treatment or disposal systems; water separators; perchloroethylene supply systems; dip tanks; pumps; gaskets; piping, ducting, fittings, valves, or flanges that convey perchloroethylene-contaminated air; and dry cleaning control systems.
Effluent. "Effluent" means wastewater, treated or untreated, which is discharged directly or indirectly to a combined or sanitary sewer.
Flammable. "Flammable" means any waste stream with a closed cup flash point of less than 100 degrees Fahrenheit or 38 degrees Centigrade using the test methods specified in the definition of "flash point" in New York City Fire Code Section FC 3402.
Flushable. "Flushable" means meeting the International Water Services Flushability Group (IWSFG) testing criteria for flushability, as currently set forth in the 2018 IWSFG Publicly Available Specification (PAS) documents 1, 2, and 3, and in any successor documents.
Food waste disposal. See "food waste disposer."
Food waste disposer. "Food waste disposer" also known as "food waste disposal," means an electric motor driven device installed between a sink's drain and trap, for grinding food waste and disposing of such ground food waste through the plumbing drainage system.
Food waste liquefier. "Food waste liquefier" also known as "biological liquefaction system" means a device that breaks down food waste into liquefied form typically, but not exclusively, by mechanical turning, agitation, maceration, shredding, grinding, and/or aerobic digestion, as well as dilution with water, and may use additives such as microorganisms, enzymes, vitamins, and/or minerals. The resulting liquefied food waste is discharged into the drainage system.
Gravity grease interceptor. "Gravity grease interceptor" means a grease interceptor that utilizes gravity flow and retention time as the primary means of separating fat, oil, and grease from the facility waste stream prior to it entering the public sewer. Gravity grease interceptors are predominantly located outside due to their large size.
Grease interceptor. "Grease interceptor" means a plumbing appurtenance that is installed in a drainage system to intercept grease-laden wastes from a wastewater discharge. Such device has the ability to intercept free-floating fat, oil, and grease.
Grease retention capacity. "Grease retention capacity" means the maximum amount of grease that a grease interceptor or automatic grease removal device is able to hold in accordance with its testing and rating certification, without compromising its ability to remove an average of 90 percent or more of the grease or other extractable matter in the wastewater.
Green infrastructure. "Green infrastructure" means the range of city-owned measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest or reuse, or landscaping to store, infiltrate or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.
Groundwater. "Groundwater" means water located beneath the ground surface in soil pore spaces and in the fractures of rock formations and any water removed from the ground, including water from springs, and natural underground streams but excluding water from wells used for the delivery of potable or process water.
House drain. See "building drain".
House drainage system. See "building drainage system".
House sewer. See "building sewer".
Hydromechanical grease interceptor. "Hydromechanical grease interceptor" means a grease interceptor that utilizes hydraulic flow action, internal baffling, and air entrainment as the primary means of separating fat, oil, and grease from the fixture waste stream. Hydromechanical grease interceptors are predominantly located indoors, compact in size, and located in proximity to the fixtures they serve.
Indirect discharge. "Indirect discharge" means a discharge from a private sewer to a public sewer, or a discharge to any street, gutter, pipe, channel, pumping station, catch basin, drain, waterway, or other conveyance leading to or connecting with a public sewer, including but not limited to the placement or abandonment of any substance which could reasonably enter a public sewer under the force of stormwater or other influence.
Industrial wastes. "Industrial wastes" means any liquid, gaseous or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.
Influent. "Influent" means wastewater which flows into a pretreatment device or facility, or into a wastewater resource recovery facility.
Interceptor. "Interceptor" means a sewer which receives the dry-weather flow from a number of transverse combined or sanitary sewers and conducts such sewage to a wastewater resource recovery facility. During storms it receives predetermined quantities of dry-weather flow admixed with stormwater and conducts commingled sewage to a wastewater resource recovery facility.
Interceptor-collector. "Interceptor-collector" means a sewer which not only intercepts existing combined sewers to convey the flow to a wastewater resource recovery facility, but also serves as a local sanitary sewer.
Laboratory determination. "Laboratory determination" means 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 measurements, tests and analysis, of "Standard Methods for Examination of Water and Waste Water," 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 methods prescribed by the Commissioner in these Rules and Regulations or in any other Rules and Regulations.
May. "May" is permissive.
mg/L. "mg/L" means a unit of concentration expressed in milligrams per liter.
Non-polar material. "Non-polar material" means that portion of the oil and grease that is not eliminated from a solution containing N-Hexane, or any other extractant the EPA shall prescribe, by silica gel or any other means of adsorption the EPA shall prescribe.
Oil and grease. "Oil and grease" means the matter extractable from a wastewater sample using N-Hexane or any other extractant the EPA shall prescribe.
Other wastes. "Other wastes" means garbage (shredded or unshredded), refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinder, ashes, and all other discarded matter not sewage or industrial waste.
Perchloroethylene. "Perchloroethylene" means a colorless, volatile chlorinated hydrocarbon. Perc is also known as tetrachloroethylene and PCE. The chemical formula for perc is Cl2C:CCl2. The CAS (chemical abstract service) registry number for perc is 00127-18-4.
Person. "Person" means any individual, firm, company, association, society, corporation, institution or group.
pH. "pH" means the logarithm of the reciprocal of the hydrogen ion concentration. It indicates the intensity of acidity or alkalinity expressed in terms of pH scale running from 0 to 14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 acidity.
Pollutants. "Pollutants" means substances that may be present in sewage, industrial waste or other waste, whether gaseous, liquid or solid.
ppb. "ppb" means parts per billion by volume in air or by weight in water.
Potable water. "Potable water" means water free from impurities present in amounts sufficient to cause disease or harmful physiological effects and conforming to the bacteriological and chemical quality requirements of the New York State Sanitary Code.
Premises. "Premises" means any parcel of real property including land, improvements or appurtenances, such as buildings.
Pre-rinse sink. See "scraper sink".
Pretreatment. "Pretreatment" means any measures to be taken by a user of the public sewer that are necessary in order that the characteristics or amounts of substances discharged to a combined or sanitary sewer, either directly or indirectly, comply with 15 RCNY §§ 19-03 or 19-04, including but not limited to the alteration of plant or processes, the installation of equipment and/or the implementation of procedures designed to reduce or eliminate the discharge of pollutants and toxic substances or eliminate any discharge so that compliance with 15 RCNY §§ 19-03 or 19-04 is attained.
Private sewer. "Private sewer" means a private sanitary, storm, or combined sewer that is designed and constructed in accordance with the requirements of the City drainage plan.
Process water. "Process water" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
Process wastewater. "Process wastewater" means process water that has been discharged or discarded.
Public sewer. "Public sewer" means a sewer that is owned by the City of New York.
Pumping station. "Pumping station" means a structure in the sewerage system housing pumps and appurtenances to lift sewage from a lower to a higher level.
Receiving water. "Receiving water" means a channel, canal, stream, creek, river, pond, lake, ocean, or other body of water.
Reduced pressure zone device. "Reduced pressure zone device" means a minimum of two independently acting check valves, with an automatically operated pressure differential relief valve located between the two check valves.
Regulator. "Regulator" means a device or apparatus for controlling the quantity of combined sewage from a contributory area admitted to an interceptor or interceptor collector. It is usually comprised of a regulator chamber, a diversion chamber and a tide gate chamber.
Regulator chamber. "Regulator chamber" means a structure and related appurtenances, which limits the quantity of flow to an interceptor or interceptor-collector.
Sanitary sewer. "Sanitary sewer" means a sewer that conveys only sewage.
Sanitary wastes. "Sanitary wastes" means bodily wastes, wash water, or similar matter.
Scavenger wastes. "Scavenger wastes" means the sludge derived from sanitary wastewater discharged into cesspools, septic tanks or privies located within the City of New York.
Scraper sink. "Scraper sink," also known as "pre-rinse sink" means a sink used for scraping food scraps, particles, and residue off of dishes.
Scullery sink. "Scullery sink" means a sink used for cleaning dishes and cooking utensils.
Sewage. "Sewage" means, for purposes of these Regulations, water and waterborne materials and substances of every kind and description which are typically conveyed through a sewer, including but not limited to, liquid wastes, chemicals, wastewater, human, animal, or plant wastes, industrial waste, nonpotable clear water waste or other waste, or infiltration and inflow.
Sewage treatment works, sewage treatment plant or wastewater resource recovery facility. "Sewage treatment works," "sewage treatment plant" or " wastewater resource recovery facility" means a City-owned facility for the treatment of sewage.
Sewer. "Sewer" means a pipe or conduit for carrying sewage and/or stormwater. Except where otherwise specified or where the context clearly dictates otherwise, the term "sewer" as used in this chapter shall refer to a public sewer.
Sewer surcharge. "Sewer surcharge" means a charge which may be applied by the New York City Water Board to premises or users discharging wastewater, directly or indirectly, into a combined or sanitary sewer which contains BOD and/or SS in concentrations exceeding those which may be specified by rule of said board.
Sewerage system or sewer system. "Sewerage system" or "sewer system" means and includes all sewers, including storm sewers, sanitary sewers, combined sewers and intercepting sewers and manholes, sewage pumping treatment and disposal works and any other plants, works or equipment, accessories, and green infrastructure within the City, which are used or are useful in connection with the collection, treatment or disposal of sewage, waste, or stormwater, and which are owned, operated or maintained by the City as part of the public sewer system.
Shall. "Shall" is mandatory.
Shredded garbage. "Shredded garbage" means garbage shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in combined or sanitary sewers, with no particle having a dimension greater than 1/2 inch in any direction.
Silver-Rich Solutions. "Silver-Rich Solutions" include, but are not limited to, fixers, bleach-fixes, stabilizers (e.g. plumbless stabilizers and chemical washes), low-flow washes, and all functionally-similar solutions.
SS (denoting suspended solids). "SS" means the laboratory determination of the dry weight expressed in parts per million (ppm) or mg/L of solids that either float on the surface or are in suspension in sewage and can be removed by filtration.
Storm sewer. "Storm sewer" means a sewer, the primary purpose of which is to carry stormwater.
Stormwater. "Stormwater" means runoff that is generated when precipitation from rain events or snowmelt flows overland and does not percolate into the ground.
Tide gate chamber. "Tide gate chamber" means a structure and related appurtenances which allows bypassing or overflow of excess combined sewage of a combined sewer or the flow of stormwater of a storm sewer to enter the receiving waters and prevents back flow of the receiving waters into the sewerage system.
Tilting braiser. "Tilting braiser," also known as "tilting skillet" means a cooking device that can be used in various different cooking operations such as braising, frying, stewing, broiling, grilling, roasting, etc., which is drained after usage by tilting the cooking compartment and pouring out its liquid waste.
Tilting skillet. See "tilting braiser."
Total silver halide process wastewater. "Total silver halide process wastewater" means the sum of all aqueous solutions used in any silver halide imaging process, including, but not limited to, photography film developers, fixers, bleach-fix, stabilizers, washes, rinse waters, and all functionally-similar solutions.
Toxic substance. "Toxic substance" means any substance on the list of toxic pollutants or combination of pollutants published by the Administrator of the Federal Environmental Protection Agency pursuant to § 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 sewerage system may tend to (1) interfere with or inhibit any wastewater resource recovery facility process or disposal operation or (2) be detrimental to the health of human beings, animals or to aquatic life.
Unshredded garbage. "Unshredded garbage" means solid waste from preparation, cooking and dispensing of food or food products and from handling, storing and sale of produce.
User. "User" means any person which causes a direct or indirect discharge to a public sewer.
Wastewater. "Wastewater" means liquid-carried sanitary, industrial or other wastes, contaminated stormwater runoff, or any liquid that is conveyed by means of a pump or a hose into a public sidewalk, street, sewer, or sewer appurtenance, including but not limited to a catch basin or manhole.
Water separator. "Water separator" means a vessel that uses gravity to physically separate liquid perc from liquid water.
Wipe. "Wipe" means a non-woven disposable product that is designed, marketed, or used for personal hygiene, or for household, commercial, or industrial cleaning purposes.
Wok. "Wok" means a bowl-shaped pan used especially for frying and steaming.
Yellow grease. "Yellow grease" means waste cooking oil.
(Amended City Record 2/28/2018, eff. 3/30/2018; amended City Record 2/18/2020, eff. 3/19/2020; amended City Record 8/26/2021, eff. 9/25/2021)
(a) Except with the written approval of the Commissioner and in compliance with the terms and conditions of such approval, no stormwater outlet such as from a building, yard, or catch basin, nor any drain from a body of water such as a lake, swamp, pond or swimming pool shall be connected to a public sewer, or to a private sewer connected to a public sewer, or to an interceptor-collector.
(b) No stormwater shall be allowed to enter a building drainage system within any area served by a separate sanitary sewer. Within any such area, no down spout or leader, gutter or other pipe, drain or channel which may at any time carry stormwater, subsurface drainage derived from hydraulic pressure or from well points, cooling water, or sea water shall be connected to any sanitary sewer. No down spout or leader shall be used as a soil, waste or vent pipe. Every joint in the connection of a building drain to a sanitary sewer must be made watertight so that no leakage into or from any such drain shall occur.
(c) No person shall discharge or cause to be discharged, directly or indirectly, into any storm sewer any substance other than stormwater or allowable runoff.
(d) (1) No connection to the sewerage system including but not limited to conveyance through hard pipe, hose, or channel shall be made without the written approval of the Commissioner and compliance with the terms and conditions of such approval.
(2) The owner of any parcel of real property with an unauthorized connection to the sewerage system shall be liable for removing any such connection, and if needed, for reconnecting to a proper sewer as authorized, directed, or ordered by the Commissioner, and for all associated costs and expenses.
(3) The Commissioner, when circumstances may warrant, may direct the Department to undertake such disconnection and/or reconnection in lieu of said owner, the costs and expenses of which shall become due and payable by the owner and shall constitute a lien against such property in the manner described in § 24-512 of the Administrative Code.
(4) Pursuant to 15 RCNY § 19-10(d)(1) and (d)(2), the Commissioner, his or her deputies and any other employees of the Department, when authorized by such Commissioner, may enter upon such property and bring in the 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 bring in such necessary equipment shall be a violation of these regulations.
(e) (1) No person shall discharge or cause to be discharged, directly or indirectly, into any catch basin or manhole any substance other than stormwater or allowable runoff.
(2) No person shall discharge or cause to be discharged, directly or indirectly, into any green infrastructure any substance other than stormwater.
(f) (1) (i) No person shall discharge, or cause to be discharged, directly or indirectly, groundwater into a public sewer without a groundwater discharge permit from the Department's Bureau of Customer Services; provided that no person shall discharge, or cause to be discharged, directly or indirectly, over 10,000 gallons per day of groundwater, into a public sewer without a letter of groundwater quality approval from the Department's Bureau of Wastewater Treatment, a letter of approval contingent upon a review of the capacity and capabilities of the receiving sewer from the Department's Bureau of Water and Sewer Operations, and a groundwater discharge permit from the Department's Bureau of Customer Services.
(ii) Such letters of approval are also required for groundwater discharges of 10,000 gallons per day or less when the applicant's New York State Professional Engineer determines that such groundwater may contain any materials or substances prohibited or regulated by any provision of this title.
(iii) For groundwater discharges of 10,000 gallons per day or less that are in compliance with these Rules, the Commissioner may allow a New York State Professional Engineer to submit a statement on a form provided by the Department certifying that representative groundwater samples have been collected and that they have been properly handled, preserved, and analyzed in accordance with 40 C.F.R. Part 136, or, if 40 C.F.R. Part 136 does not cover the pollutant in question, in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," and that the analysis of such samples by a New York State Health Department certified wastewater laboratory shows compliance with the toxic discharge limits set by the Commissioner pursuant to 15 RCNY § 19-03(a)(11)(ii). The owner of the premises is required to maintain the laboratory results for said analysis for a minimum of either five years or such longer period as may be required by other applicable laws or regulations, and must make them available to the Department upon request.
(iv) The owner and/or operator of the premises from which the groundwater originates shall remain liable for what is discharged into the public sewer, and shall be subject to the applicable fines, penalties and other sanctions provided in § 24-524 of the Administrative Code of the City of New York if such discharge is not in compliance with applicable provisions of the Administrative Code and Rules of the Department.
(v) No such self-certification shall be deemed to waive, nor shall any such self-certification be held to limit the power of the Commissioner to enforce any requirements of these or any other regulations, or of the Administrative Code or of any other law. The Department shall not incur any liabilities or obligations for the failure of the discharge from such self-certified premises to comply with this chapter or any other regulations, the Administrative Code or any other law.
(vi) Any groundwater discharges to a storm sewer which discharges directly to a receiving water, regardless of the amount, shall require a State Pollution Discharge Elimination System (SPDES) permit, a non-jurisdictional determination letter, or such other written approval as may be required from the New York State Department of Environmental Conservation in addition to a groundwater discharge permit from the Department's Bureau of Customer Services, and if over 10,000 gallons per day, a letter of approval contingent upon a review of the capacity and capabilities of the receiving sewer from the Department's Bureau of Water and Sewer Operations.
(2) The Commissioner may impose any terms or conditions in a groundwater discharge permit and/or letter of groundwater quality approval that he or she deems necessary. If those terms or conditions are not complied with at all times, the permit and/or letters of approval may be immediately revoked pursuant to paragraph (7) of this subdivision.
(3) The Commissioner may consult with the United States Environmental Protection Agency and the New York State Department of Environmental Conservation prior to granting a groundwater discharge permit and/or letters of approval, and at their suggestion, may include such conditions as he or she deems appropriate.
(g) The Commissioner may approve an application for a groundwater discharge permit and/or letters of approval upon demonstration by the applicant, satisfactory to the Commissioner, that:
(1) substantial property damage will result unless such groundwater is removed;
(2) there are no feasible alternative methods of disposal;
(3) allowing the discharge will not overload the hydraulic capacity of the sewer;
(4) such discharge will not cause an unacceptable dilution of the influent to the wastewater resource recovery facility receiving the groundwater discharge, so as not to adversely impact the facility's operation; and
(5) such discharge will be temporary.
(h) (1) Permits and/or letters of approval for the temporary discharge of groundwater into storm sewers shall require, at a minimum, compliance with the following conditions:
(i) the discharger must develop and implement, pursuant to a schedule set by the Commissioner, an alternative method of disposal, unless the applicant demonstrates to the satisfaction of the Commissioner that no such alternative method of disposal exists or can be developed or implemented;
(ii) the discharger must indemnify and hold the City of New York harmless for any damage or liability incurred by the City of New York either directly or indirectly, in the event that the discharge results in overloading the capacity of such storm sewer, or otherwise causes flooding, and shall also post and maintain such cash or surety bond as may be required and will be satisfactory to the Commissioner and must supply evidence of such bond when required;
(iii) the discharger must pay a sewer use fee or charge equivalent to the one imposed by the Department pursuant to § 24-514 of the Administrative Code;
(iv) the discharger must install a flow meter to measure the flow of groundwater to the storm sewer.
(2) Permits and/or letters of approval for the temporary discharge of groundwater into either combined or sanitary sewers, shall require, at a minimum, compliance with the following conditions:
(i) the discharger must develop and implement, pursuant to a schedule set by the Commissioner, an alternative method of disposal, unless the applicant demonstrates to the satisfaction of the Commissioner that no such alternative method of disposal exists or can be developed and implemented;
(ii) the discharger must indemnify and hold the City of New York harmless for any damage or liability incurred by the City of New York either directly, or indirectly, in the event that the discharge results in overloading the capacity of such combined or sanitary sewer, causes a bypass away from the sewage treatment plant to which it would have otherwise flowed, or otherwise causes flooding, and must also post and maintain such cash or surety bend, as may be required and will be satisfactory to the Commissioner and must supply evidence of such bond when required;
(iii) the discharger must pay a sewer use fee or charge equivalent to that imposed by the Department pursuant to § 24-514 of the Administrative Code;
(iv) the discharger must install a flow meter to measure the flow of groundwater to the combined or sanitary sewer.
(i) A permit and/or letters of approval issued by the Commissioner for the temporary discharge of groundwater, unless sooner terminated or revoked; is effective for one year. The permit and/or letters of approval may be renewed by the Commissioner thereafter for additional one-year periods upon new application by the discharger.
(j) General application for non-stormwater discharges into storm sewers.
(1) Notwithstanding any other provision of this chapter, any person may apply to the department for written approval to discharge a substance other than stormwater or groundwater into a storm sewer in accordance with the requirements of this subdivision.
(2) An applicant may apply by submitting an application on the form and in a format approved by the Commissioner and made available on the City's website.
(3) Such written approval shall be granted for a period determined by the Commissioner, not to exceed one year. The Commissioner may approve additional discharge periods upon new application by the discharger.
(4) The Commissioner shall disapprove an application for a discharge, pursuant to this section if, in the determination of the Commissioner, the discharge is reasonably likely to be:
(i) Inconsistent with the proper maintenance and purpose of the city's storm sewers, including but not limited to the capacity of such storm sewers; or
(ii) A significant contributor of pollutants to the sewer system or to surface waters of the state, or otherwise inconsistent 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.
(5) The Commissioner may impose such terms and conditions that he or she deems necessary to protect the sewer system, the surface waters of the state, or to protect the public health or the environment.
(6) The applicant may file with the Commissioner a written appeal of a denial of an application submitted, pursuant to Paragraph (1) of this subdivision or of the terms or conditions of a written approval imposed, pursuant to Paragraph (5) of this subdivision. Such appeal must be filed within 30 days of the determination on the application. Appeals shall be reviewed by the Department and a final determination regarding the appeal shall be made within a reasonable period of time.
(7) If the terms or conditions of a written approval are not complied with at all times, the written approval may be revoked upon notice to the discharger and an opportunity to be heard, except that the Department may, upon a finding that the continued discharge presents an imminent harm to public health or safety or to the environment, immediately revoke such written approval without prior notice. In such case, the Commissioner shall forthwith notify the individual of such revocation, the reasons for such revocation and that the individual has the right to request a hearing within a reasonable period of time.
(Amended City Record 2/28/2018, eff. 3/30/2018; amended City Record 2/18/2020, eff. 3/19/2020)
(a) Except as hereinafter provided, any person that discharges or causes to be discharged, including any placement, run, leak, or escape into any combined or sanitary sewer, pipe, channel, pumping station, catch basins, drain connecting with any combined or sanitary sewer or any other sewer appurtenances, or green infrastructure, or waterway connecting with any combined or sanitary sewer, or into any private sewer connected with a combined or sanitary sewer any of the following described materials, substances or wastes, except as authorized in writing by the Commissioner or such small quantities through a building drainage system as may be present in normal household wastes, shall be strictly liable, without regard to fault:
(1) Construction materials, concrete or concrete contaminated water, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, coffee grounds, fur, wax, power wash waste, building wash waste, fats, oils, grease, or any solids or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage system. No amount of the following shall be considered normal household wastes for purposes of this section: wipes that are not flushable, diapers, paper towels, floss, condoms, razors, hypodermic needles, contact lenses, bandages, sanitary pads, tampons, tampon applicators, gauze, cotton balls, swabs, any other personal hygiene products, drinking straws, any other items that are not toilet paper, sanitary waste, or items that have otherwise been authorized in writing by the Commissioner;
(2) Snow and ice at locations not authorized in writing by the Commissioner;
(3) Steam or wastewater above 150°F;
(4) Flammable or explosive liquids, solids or gases, including but not limited to gasoline, benzene and naphtha (notwithstanding anything to the contrary contained in these Regulations, under no circumstances may any such substances be discharged into the sewerage system, even if diluted prior to or after discharge);
(5) Oil sludges, waste oil, motor oil, heating oil, diesel and other fuels, dielectric fluid, brake fluid, transmission fluid, hydraulic fluid, or other similar substances;
(6) Non-polar material, as defined in 15 RCNY § 19-01, in concentrations greater than 50 mg/L for any given time;
(7) Coal tar, its derivatives and waste;
(8) Paints and related paint waste products from any source that tend to clog or otherwise interfere with the operation of the sewerage system;
(9) Corrosive wastewater having a pH lower than 5.0 or higher than 12.0 or having any other corrosive property likely to cause damage to structures or equipment of the sewerage system or create a hazard to personnel;
(10) Toxic substances in such quantities, which may when discharged from a single source or in combination with other sources:
(i) interfere with any sewage treatment process, including sludge digestion;
(ii) limit the City's options for operating its sewerage system or disposing of the sewage sludge, grit or scum generated at wastewater resource recovery facilities;
(iii) be detrimental to the health of human beings, animals, or aquatic life;
(iv) have any negative impact on the receiving waters; or
(v) violate federal or state laws or regulations or the requirements of a discharge permit of a sewage treatment plant issued pursuant to § 402 of the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act, as amended, or any other permit issued pursuant to federal or state law.
(11) Toxic substances in such quantities which may, when discharged from a single source or in combination with other sources:
(i) violate any federal or state laws, regulations, rules or standards governing such discharge; or
(ii) violate the toxic discharge limits to be set by the Commissioner, contained in a list to be maintained by the Commissioner and which may be published from time to time in the City Record, or
(12) Any liquids or wastes containing pollutants of such quality and/or quantity that become burdensome in the operation and maintenance of a sewage treatment plant;
(13) Any noxious or malodorous gas or substance capable of creating a public nuisance;
(14) Any wastewater or substance, which in the opinion of the Commissioner, will result in a violation of any applicable federal, state or local water quality standard concerning discoloration or other undesirable physical change in the appearance of the receiving waters;
(15) Any still bottom or sludge residues resulting from dry cleaning processes including, but not limited to, dirt, lint, soil and any other deposits or residues extracted as a result of any dry cleaning processes. The discharge of filters or filter media used in dry cleaning processes is also prohibited;
(16) Antifreeze;
(17) Hazardous waste pharmaceuticals, as defined in the Code of Federal Regulations, in 40 C.F.R. Part 266.500.
(b) (1) Food waste disposers shall be permitted only within dwelling units. Under no circumstances will the discharge of garbage or refuse whether shredded or unshredded, other than ground putrescible food waste from food waste disposers in dwelling units, be permitted into a combined or sanitary sewer.
(2) Except for food waste disposers within dwelling units, any device that breaks down food waste by whatever means for the purpose of discharging it into the sewer system, including but not limited to food waste liquefiers, is prohibited in both residential and non-residential premises unless such device, prior to the effective date of this paragraph, either was connected to a grease interceptor as a result of an Order issued by the Department, appeared on engineering plans approved by the Department, or was registered with the New York City Department of Sanitation. When any such device reaches the end of its useful life, if it is replaced, it may only be replaced with on-site processing methods that do not break down food waste for the purpose of discharging it into the sewer system, and which comply with all applicable federal, state, and local requirements.
(c) Except with the written approval of the New York State Department of Environmental Conservation, and in compliance with the terms and conditions thereof, only stormwater and allowable runoff may enter a receiving water without first passing through a wastewater resource recovery facility or its bypass.
(d) (1) Every person must provide protection from accidental discharge and from spillage with the potential to cause a discharge of any materials or substances prohibited or regulated by any provision of any section of any title of these Regulations. Facilities to prevent accidental discharges and spills, such as spill prevention equipment, must be provided and maintained by the person at his or her expense. The Commissioner may require the construction and/or installation of special facilities to prevent accidental discharges and spills and the submission of detailed plans, for review, prior to the construction and/or installation.
(2) In the event of a discharge in violation of any provision of any section of any title of these Regulations, the person involved in the accidental discharge must immediately notify the Department, at any hour, by telephone at 311, and must give such other additional notice as the Commissioner may direct. The telephone notification must include, the name of the person reporting the discharge, the exact time and location of the discharge, the nature of the discharge, including quantity, what it contains and any other information the Commissioner may request. The Commissioner may require additional notification and reporting, including written reports in a form he or she may prescribe.
(3) All establishments using or storing toxic or other substances the discharge of which would be prohibited, restricted, or regulated by these Regulations, must post a notice of the procedures to be followed in the event of an accidental discharge. The Commissioner may prescribe the size, form and content of this notice. This notice must be posted at the location of the storage and use of toxic and other substances, the discharge of which would be prohibited, restricted or regulated by these Regulations.
(4) In the event of a discharge that enters or has the potential to enter the public sewers, in violation of any provision of any section of any title of these regulations, any person involved in the discharge must immediately take steps to mitigate the effects of such discharge and commence clean-up procedures of such discharge in accordance with all applicable Federal, State and City laws, rules and regulations.
(e) The control of all odors which arise in premises from a public sewer must at all times be the responsibility of the owner or occupiers of premises. The cost of such control shall be borne by the owner or occupiers of premises.
(f) (1) All pretreatment and monitoring devices, including but not limited to a grease or oil interceptor or automatic grease removal device, whether required to be installed by order of the commissioner or by any other law or regulation and located on any premises, shall be the proper device and correctly installed, maintained in good working order, and operated properly to ensure that the requirements of this section and other applicable sections of the regulations are met.
(2) Bypass of pretreatment systems is prohibited except under the conditions and subject to the limitations specified in 15 RCNY § 19-04(d)(2).
(g) No person shall discharge or cause to be discharged any radioactive material either directly or indirectly into the sewerage system, unless all restrictions, prohibitions, and requirements of 24 RCNY Health Code Article 175 are fully complied with.
(h) (1) Interceptors and separators must be provided to prevent the discharge of oil, grease, sand and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system, or the wastewater resource recovery facility or processes.
(2) The size, type and location of grease interceptors and automatic grease removal devices must be designed and installed in accordance with the manufacturer's instructions and the requirements of 15 RCNY § 19-11 based on the anticipated conditions of use.
(3) The size, type and location of other types of interceptors and separators, including but not limited to oil separators, and sand interceptors must be designed and installed in accordance with the manufacturer's instructions and the requirements of Section 1003 of the New York City Plumbing Code based on the anticipated conditions of use.
(4) Wastes that do not require treatment or separation must not be discharged into any interceptor or separator.
(Amended City Record 2/18/2020, eff. 3/19/2020; amended City Record 8/26/2021, eff. 9/25/2021)
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