§ 23-01 Applicability, Definitions, Prohibitions, Variances, and Incorporation by Reference of Appendices.

(a) Applicability. This Rule applies to all Drainage proposals, all Private sewer or Private drain plans, all Private sewer or Private drain Construction permit applications, and the construction of all Private sewers or Private drains in the City of New York and shall not apply to Internal private drains.

(b) Definitions. For the purpose of this Rule, the following definitions apply:

(1) "Allowable flow" means, for drainage design purposes only, a predetermined quantity of Flow that can be released into an existing outlet sewer system.

(2) "Alteration map" means a map showing proposed changes to the City map.

(3) "Applicant" means the owner of a proposed development or his or her legally designated representative.

(4) "Applicant's offering plan" or "applicant's offering prospectus" means the set of legal documents setting forth the rights, privileges, and duties of purchasers of shares in the applicant's proposed development.

(5) "Block" means a tract of land bounded by consecutive intersecting streets.

(6) "City" means the City of New York.

(7) "City drainage plan" means a plan for the proper sewerage and drainage of the City of New York or any part thereof prepared and adopted in accordance with § 24-503 of the Administrative Code of the City of New York.

(8) "City map" means the city map referred to in Sections 198 and 199 of the Charter.

(9) "Condominium association" means the legal entity comprising the present and future homeowners of the proposed condominium development.

(10) "Construction permit" or "permit to construct" means a written authorization issued by the department to construct a private sewer or private drain.

(11) "Contributory drainage area" means a drainage area bounded by the ridge lines or furthest boundaries reaching a point of discharge.

(12) "Department" means the Department of Environmental Protection.

(13) "Detention basin" means a structure designed to store an accumulation of stormwater runoff and release it at a controlled rate into an existing outlet sewer system of limited capacity.

(14) "Drainage proposal" means a plan showing a proposed sewerage system to serve a proposed development and contributory drainage area that does not conform with the city drainage plan.

(15) "Dwelling unit" means one or more rooms in a building that are arranged, designed, used or intended for use by one family.

(16) "Finally mapped street" means a street as shown on the city map.

(17) "Flow" means a continuous movement of stormwater or wastewater.

(18) "Homeowners' association" means the legal entity comprising the present and future homeowners of the proposed development.

(19) "Internal private drain" means all drainage systems within the boundaries of a proposed development, including the internal private roads of such development.

(20) "Internal private roads" mean private internal right of ways that are within the boundaries of a proposed development and are not part of finally mapped streets or record streets.

(21) "Legally designated representative" means a professional engineer or a registered architect licensed by the State of New York who represents the owner in connection with a proposal, plan, or application under this rule.

(22) "Legal outlet" means an outlet sewer system designed and built according to a city drainage plan or approved private sewer or private drain plan and which is the allowable outlet to accommodate the sanitary, stormwater, or combined flow from the proposed development.

(23) "Lot" means a tax lot as shown on the tax map of the city.

(24) "Mapping action" means a proceeding to change the city map pursuant to the New York City Charter.

(25) "Opinion of dedication" means an opinion by the corporation counsel that a street is an open and continuously traveled street dedicated for public use.

(26) "Owner" means any individual, firm, corporation, company, association, society, institution or any other legal entity that owns the property, appurtenances, and Sewer easements comprising the proposed development.

(27) "Private" means owned or controlled by any entity other than the department.

(28) "Private drain" means a private sanitary, stormwater, or combined drain that is constructed in a finally mapped street, record street, or sewer easement and discharges into an existing legal outlet, but shall not include Internal private drains.

(29) "Private sanitary force main" means a privately owned, operated, and maintained drain designed to receive the wastewater discharged from a private pumping station and convey it under pressure to a point of discharge.

(30) "Private pumping station" means a privately owned, operated, and maintained wastewater collection facility required for the pumping of sanitary or stormwater runoff or combined sewage from the proposed development.

(31) "Private sewage treatment plant" means a privately owned, operated, and maintained facility on a private property that is used for the physical, chemical, or biological treatment of the wastewater from a proposed development and contributory drainage area.

(32) "Private sewer" means a private sanitary, stormwater, or combined sewer that is designed and constructed in accordance with the requirements of the city drainage plan and this rule which is located in a finally mapped street, record street, or sewer easement and discharges into an existing allowable legal outlet, but shall not include internal private drains.

(33) "Private sewer plan" or "private drain plan" means a construction plan for the installation of private sewers or private drains and appurtenances thereto.

(34) "Proposed development" means all the property, improvements, sewer easements, and appurtenances thereto that will be served by the private sewer or private drain that is the subject of an application for approval of a drainage proposal, a private sewer or private drain plan, or a private sewer or private drain construction permit.

(35) "Record street" means a street that appears on the tax map of the city but which may not be a finally mapped street.

(36) "Rule" means all the standards and requirements of the department governing the design and construction of private sewers or private drains as contained herein.

(37) "Runoff" means overland stormwater flow that is not absorbed into the ground.

(38) "Sewer easement" means the limited right to use that part of a private property that is designated for the construction and maintenance of a drainage facility such as a city sewer, a private sewer, a private drain, a watercourse, a watercourse diversion, or related structures, but not including internal private drains.

(39) "Special conditions" mean and include, but are not limited to, the construction or use of a private sewage treatment plant, a private on-site pumping station, a private on-site detention basin, a private watercourse diversion by an open channel or closed piping, or a proposed development requiring a mapping action.

(40) "Tax map" means the tax map of the city as defined and referred to in § 11-203 of the Administrative Code of the City of New York.

(41) "Tentative lot" means a proposed tax lot as shown on the "Request to Real Property Assessment, Department of Surveying, Division for Tentative Lot Numbers."

(42) "Watercourse" means a natural or artificial channel or visible path or active trench which carries stormwater runoff from a contributory drainage area.

(43) "Watercourse diversion" means the re-routing of an existing watercourse located within the proposed development by either open channel or closed piping.

(1) No Owner may commence construction of a private sewer or a private drain without having first obtained a written construction permit issued by the department.

(2) No construction permit may be issued until the department has received, reviewed, and approved the owner's drainage proposal, the private sewer or private drain plan, and the construction permit application and has determined that the same are complete and in full compliance with all standards and requirements of this rule including, but not limited to, all engineering, legal, and insurance standards and requirements.

(3) No drainage proposal, private sewer or private drain plan, or construction permit application may be approved by the department unless the professional seal and signature of the professional engineer or registered architect who is the Legally designated representative of the owner appears on each sheet of such proposal, plan and application form.

(4) No legal instrument required by this rule including, but not limited to, affidavits, consents, declarations, agreements, real estate instruments, sureties, bonds, indemnities, and security deposits may be amended, modified, or canceled by the owner or his or her agents without the express prior written consent of the department.

(d) Variances.

(1) Upon written request by the owner of a proposed development, the department may grant a variance from one or more standards or requirements of this rule only upon adequate proof substantiating that compliance with the standard or requirement will impose an exceptional hardship as defined by subparagraph (2)(ii) and (2)(iii) of this subdivision. There shall be no variances from the legal, bonding, insurance, or security requirements of this rule.

(2) Every request for a variance shall:

(i) identify the specific provision of this rule for which a variance is sought;

(ii) demonstrate that compliance with the identified provision would, on the basis of conditions unique to the owner's particular situation in contrast to the rest of the industry, impose an exceptional economic or technological hardship or create an unsafe condition; and

(iii) demonstrate that the proposed variance will not result in any significant adverse impact on safety, public health, or the environment.

(3) In granting any variance, the department may impose such additional terms and conditions that the department determines are necessary to ensure that the variance will not have any adverse impact on safety, public health, or the environment.

(e) Incorporation by reference of appendices. All appendices to this Rule are hereby incorporated by this reference and shall have the same legal force and effect as the Rule itself.

§ 23-02 Requirements for the Submission of Drainage Proposals for the Construction of Private Drains and Additional Requirements for Drainage Proposals and Private Drain Plans.

(a) Drainage proposals; when required. Owners proposing to construct a private drain to serve a proposed development shall submit a drainage proposal to the department.

(b) General requirements for the submission of drainage proposals. All drainage proposals shall be prepared by or under the supervision of a professional engineer or registered architect licensed by the State of New York and shall be accompanied by the following information and documentation:

(1) the source, quantity, method of conveyance, and outlet for all stormwater runoff;

(2) the source, quantity, method of conveyance, and outlet for all sanitary flow;

(3) a description of the proposed development to be served by the proposed private drain including a description of the type of all buildings to be constructed or maintained on the proposed development;

(4) a description of the route(s) of the proposed private drains;

(5) all engineering computations performed in accordance with this rule and the department's most recent drainage design criteria;

(6) a letter from the office of the borough president of the county in which the proposed development is located verifying the legal status of all streets involved in the proposed development;

(7) a survey of the proposed development and the location and route(s) of the private drain(s) prepared or updated no more than one year prior to the date of submission of the drainage proposal by a professional land surveyor licensed by the State of New York and prepared in accordance with the requirements of Appendix A-6;

(8) as-built drawings for the existing outlet for the proposed private sewers or private drains. If as-built drawings are not available, then a sewer route survey showing the sewer or drain size, type, material, and invert/rim elevations at the manholes shall be submitted;

(9) boring logs prepared in compliance with Appendix A-8;

(10) a copy of the latest tax map of the proposed development as certified by the city surveyor;

(11) a copy of the portion of the city map and, if applicable, the alteration map, showing all streets shown on the drainage proposal;

(12) a copy of the builder's pavement plan as filed with the city;

(13) a copy of all applicable permits and approvals required by other federal, state, or local laws and regulations including the city's Uniform Land Use Review Procedure (ULURP);

(14) all applicable legal documentation required by this section and 15 RCNY § 23-03(c);

(15) paper prints prepared in accordance with the requirements of Appendix A-2; and

(16) the Department's review fee for drainage proposals in accordance with 15 RCNY § 23-08;

(c) Additional requirements for the submission of drainage proposals and private drain plans involving special conditions. In addition to the requirements of subdivision (b) of this section, owners submitting drainage proposals and private drain plans incorporating any of the following special conditions shall be required to file the additional information and documentation as specified below. Such documentation shall conform to the applicable requirements of 15 RCNY § 23-03.

(1) Use of proposed private sewage treatment plants or proposed private pumping stations in residential districts serving 50 or more dwelling units. Drainage proposals and private drain plans in residential districts where proposed private sanitary drains will discharge into a proposed private sewage treatment plant or a proposed private pumping station which is not owned and operated by the department and serves 50 or more dwelling units shall include the following additional information and documentation:

(i) proof of approval by the Department of City Planning;

(ii) proof of conceptual approval by the Department of Buildings with appropriate conditions and safeguards as prescribed by the Department of City Planning;

(iii) approval from the New York City Department of Health specifying the following for each private sewage treatment plant or private pumping station:

(A) the total number of dwelling units approved;

(B) the number of dwelling units committed with the drainage proposal;

(D) the remaining number of uncommitted dwelling units;

(iv) a copy of the initial franchise application as filed with the city for the installation and maintenance of a Private sanitary force main within a finally mapped street where the city has title or an opinion of dedication; and

(v) a properly recorded restrictive declaration executed by the owner creating a homeowners' or condominium association to own, maintain, and operate the private sewage treatment plant or private pumping station.

(vi) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewage treatment plant or private pumping station and all appurtenances thereto;

(vii) security in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller's office guaranteeing the continuous and proper maintenance of the private sewage treatment plant or private pumping station for as long as such sewage treatment plant or pumping station remains in use; and

(viii) the owner's liability insurance in an amount determined by the department in accordance with 15 RCNY § 23-04 certified by the owner's liability insurance company.

(2) Use of existing private sewage treatment plants or existing private pumping stations. Drainage proposals and private drain plans incorporating the use of an existing private sewage treatment plant or an existing private pumping station which is not owned and operated by the department shall include the following additional information and documentation:

(i) a properly recorded consent executed by the owner of the existing private sewage treatment plant or private pumping station granting the owner the right to connect to the existing private sewage treatment plant or private pumping station;

(ii) approval from Department of Health specifying the following for each private sewage treatment plant or private pumping station:

(A) the total number of dwelling units;

(B) the number of committed dwelling units previously connected;

(D) the number of dwelling units committed with the drainage proposal; and

(E) the remaining number of uncommitted dwelling units.

(3) Use of private on-site detention basins. Drainage proposals and private drain plans incorporating the use of private on-site detention basins to accommodate both on-site and off-site stormwater runoff shall include the following additional information and documentation:

(i) the delineation of the private on-site detention basin on a separate tax Lot with appropriate provisions that the department determines are necessary for adequate access to the basin and to the piping entering and exiting the basin for maintenance purposes;

(ii) all hydraulic computations related to the design of the private on-site detention basin conforming to the department's most recent private on-site detention basin design criteria;

(iii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private on-site detention basin and all appurtenances thereto;

(iv) security in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller's office guaranteeing the continuous and proper maintenance of the private on-site detention basin for as long as such detention basin remains in use; and

(v) the owner's liability insurance in an amount determined by the department in accordance with 15 RCNY § 23-04 certified by the owner's liability insurance company.

(4) Watercourse diversions. Drainage proposals and private drain plans incorporating watercourse diversions which function as the outlet for the stormwater runoff from the upstream contributory drainage area shall include the following additional information and documentation:

(i) a properly recorded declaration of sewer easement establishing and delineating a sewer easement in favor of the department;

(ii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the watercourse diversion and all appurtenances thereto;

(iii) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 shall be deposited with the comptroller's office guaranteeing the continuous and proper maintenance of the proposed watercourse diversion for as long as such watercourse diversion remains in use; and

(iv) all hydraulic computations relative to the design of the watercourse diversion or piping.

(5) City map changes. Drainage proposals and private sewer or private drain plans incorporating a change or proposed change to the city map shall include the following additional information and documentation:

(i) an alteration map as prepared in conjunction with the application to the Department of City Planning for a mapping action; and

(ii) an amendment to the city drainage plan which shall reflect the new street pattern created by the mapping action.

§ 23-03 Legal Requirements for Private Sewers or Private Drains.

(a) General requirements for all legal instruments. All legal instruments required by this rule including, but not limited to, affidavits, consents, declarations, agreements, real estate instruments, sureties, bonds, indemnities, and security deposits shall be submitted on the appropriate forms supplied by the department, shall contain original signatures, and shall be properly recorded in the office of the clerk of the county in which the proposed development is located to the extent that recording is required.

(b) General requirements for title reports and title insurance policies. All title reports and title insurance policies required by this rule shall be prepared and written by a title insurance company licensed to do business in the State of New York. All title insurance policies shall name the city as the insured and shall contain a technical description of the metes and bounds of the proposed development and the bed of street areas for which the city has no title or opinion of dedication for public use from the corporation counsel.

(c) Additional legal documentation requirements for drainage proposals or private sewer plans relating to the status of streets. In addition to the requirements of 15 RCNY § 23-02, owners submitting drainage proposals or private sewer plans relating to the status of streets shall file the additional information and legal documentation as specified below.

(1) Owners proposing to construct a private sewer or private drain in a city-owned street shall also submit a letter from the office of the appropriate borough president verifying that title to the street in which a private sewer or private drain is to be constructed has vested in the city.

(2) Owners proposing to construct a private sewer or private drain in a finally mapped street owned by the owner shall also submit the following:

(i) a title report verifying the owner's ownership of the subject street(s);

(ii) a title insurance policy in an amount determined by the department in accordance with 15 RCNY § 23-04 insuring the city of the owner's right to construct the proposed private sewer or private drain as delineated on the drainage proposal or private sewer or private drain plan; and

(iii) a properly recorded declaration of public use-irrevocable street opening irrevocably opening the street(s) for public use.

(3) Owners proposing to construct a private sewer or private drain in finally mapped or record street(s) owned by others shall also submit the following:

(i) a title report verifying the ownership of the subject streets;

(iii) either:

(A) a properly recorded sewer easement agreement establishing and delineating a sewer easement in favor of the owner; or

(B) a properly recorded declaration of public use-irrevocable street opening irrevocably opening the street(s) for public use;

(iv) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain if the street is not to be continuously opened for public use; and

(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 if the street is not to be continuously opened for public use.

(4) Owners proposing to construct a private sewer or private drain in finally mapped or record street(s) of unknown ownership shall also submit the following:

(i) a title report verifying that the finally mapped or subject streets are of unknown ownership;

(iii) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain if the street is not to be continuously opened for public use; and

(iv) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 if the street is not to be continuously opened for public use.

(5) Owners proposing to construct a private sewer or private drain part of which will traverse the owner's property shall also submit the following:

(i) a title report verifying the ownership of the subject property;

(iii) a properly recorded declaration of sewer easement establishing and delineating a sewer easement in favor of the department;

(iv) a properly recorded declaration of maintenance obligating the owner and all successors-in-interest to maintain the private sewer or private drain and all appurtenances thereto; and

(v) a security deposit in an amount determined by the department in accordance with 15 RCNY § 23-04 guaranteeing the continuous and proper maintenance of the proposed private sewer or private drain for as long as such private sewer or private drain remains in use.

(6) Owners proposing to construct a private sewer or private drain part of which will traverse property of another shall also submit the following:

(i) a title report verifying the ownership of the subject property and/or street(s);

(iii) a properly recorded sewer easement agreement granting the owner the right to construct the proposed private sewer or private drain;

(iv) a properly recorded declaration of maintenance obligating the owner and successors-in-interest to maintain the private sewer or private drain and all appurtenances thereto; and

(7) Owners proposing to construct a private sewer or private drain in a Record street which is not a finally mapped street shall submit all documents required by paragraphs (3) or (4) of this section and a certified copy of a variance issued by the Board of Standards and Appeals for proposed construction on lots not fronting a finally mapped street or a determination from the Department of Buildings that no such variance is required.

§ 23-04 Insurance, Bonding, Security, and Indemnity Requirements for Private Sewers or Private Drains.

(a) General requirements.

(1) Duty to continuously maintain required insurance. No person may voluntarily cancel, terminate, modify, or allow to expire or lapse any insurance required by this rule without the prior express written consent of the department and presentation of proof that comparable continuous coverage, as determined by the department, has been secured from another insurer meeting the requirements of this rule. The owner shall present certificates of insurance evidencing continuation of insurance coverage as required by this rule no less than 30 days in advance of the date of cancellation, termination, or expiration of the existing insurance.

(2) Proof of insurance. Proof of insurance as required by this rule shall be made by presentation of a certificate of insurance issued directly by the insurer to the appropriate department borough records office specifying the named insured, the effective dates of each policy, the limits of each policy, the coverage afforded by each policy, and the name and address of the broker and agency for each policy.

(b) Insurance and indemnity requirements for private sewer or private drain construction.

(1) Indemnity. The following indemnity shall apply without exception or modification as a precondition to the department's approval of any private sewer or private drain construction permit or the relocation of an existing sewer. All indemnities required by this section shall provide exactly as follows: "If the persons or property of the city or of others sustain loss, damage or injury resulting from the intentional or negligent acts or omissions of the owner or his or her employees, subcontractors, or agents in the performance of construction of the private sewer or private drain, or from his or their failure to comply with the provisions of local laws or of the permit, then the owner shall indemnify, defend, and hold the city harmless from any and all claims and judgements for damages, fees, costs, and expenses to which the city may be subjected or which it may suffer or incur by reason thereof".

(2) General liability insurance. As a precondition to the department's approval of an application for a private sewer or private drain construction permit or the relocation of an existing sewer, the owner shall obtain and maintain general liability insurance from a company authorized to write commercial general liability insurance in the State of New York. The required general liability insurance shall:

(i) have the following coverage provisions:

(A) premises and operations;

(B) products/completed operations;

(D) collapse, explosion and underground hazards; and

(E) deletion of railroad property damage exclusions, where applicable;

(ii) be maintained by the Owner, his or her heirs, successors, assigns, and transferees until title to the private sewer or private drain has been vested in the city. For the relocation of existing sewers, the insurance shall be maintained as required herein for a period of one year from the date of final inspection and approval by the department;

(iii) be equivalent to the most recent version of the Insurance Services Offices' comprehensive general liability form GC-00-01 or equivalent, and shall provide not less than $1,000,000 per occurrence in bodily injury and property damage combined, $1,000,000 products completed operations and not less than $2,000,000 general aggregate per policy year. Excavations in central business districts shall be subject to a required limit of $3,000,000 per occurrence, $3,000,000 products/completed operations, and $6,000,000 general aggregate. The department shall be named as the insured on form CG-20-13 or equivalent;

(iv) expire no sooner than one year after the date of the private sewer or private drain construction permit application and shall name as insured the owner as identified on the private sewer or private drain construction permit application or approval and the title evidenced in connection herewith; and

(v) be endorsed to provide not less than sixty days advance notice by the insurance company or its agents to the department of any cancellation, termination, expiration, or modification of the policy. The endorsement shall give the name, title, and proper mailing address of the person in the appropriate department borough records office responsible for oversight of insurance and indemnity requirements.

(3) Insurance of subcontractors. The owner shall require that all subcontractors performing work pursuant to a private sewer or private drain construction permit obtain and maintain general liability insurance as required by paragraph (b)(2) of this section and naming the department as the insured. Proof of subcontractor insurance coverage shall be made as required by paragraph (a)(2) of this section.

(1) Required indemnity. The following indemnity shall apply without exception or modification as a precondition to the department's approval of any drainage proposal incorporating such special conditions as the use of a private on-site detention basin, private pumping station, or private sewage treatment plant. All indemnities required by this subdivision shall provide exactly as follows: "If the persons or property of the city or of others sustain loss, damage or injury resulting from the intentional or negligent acts or omissions of the owner or his or her employees, subcontractors, or agents by the operation, maintenance, or use of a private on-site detention basin, private sewage treatment plant, or a private pumping station, or their failure to comply with the provisions of local law or of the permit, then the owner shall indemnify, defend, and hold the city harmless from any and all claims and judgements for damages, fees, costs, and expenses to which the city may be subjected or which it may suffer or incur by reason thereof".

(2) Insurance. As a precondition to the department's approval of drainage proposals and private drain plans incorporating the use of a private on-site detention basin, a private pumping station, or a private sewage treatment plant, the owner shall obtain and maintain a liability insurance policy in an amount determined by the department in accordance with this section insuring the city against any damages that may be sustained by virtue of the operation, maintenance, use or failure thereof of the private on-site detention basin, a private pumping station, or a private sewage treatment plant.

(d) Duty to maintain and security for the maintenance of private sewers or private drains.

(1) When required. The owner of a private sewer or private drain constructed in an unopened record or a finally mapped street to which the city does not have title, an opinion of dedication, or in a sewer easement within the boundaries of the proposed development where access to the public is regulated by the owner thereof, shall maintain the private sewer or private drain and appurtenances thereto in good working order at all times for as long as such maintenance obligation remains in effect. The owner shall further post a security deposit in a form acceptable to the comptroller in an amount determined by the department in accordance with this rule for the purpose of guaranteeing the proper and continuous maintenance of the private sewer or private drain and appurtenances thereto.

(2) Duration of security. The security shall remain on deposit with the comptroller until such time as the city acquires title to the streets or sewer easements wherein the private sewer or private drain and appurtenances thereto are located or until such time as the private sewer or private drain is no longer needed due to construction of city drainage plan sewers by the department according to the department's capital sewer construction program schedule.

(e) Determination of the dollar amount of title insurance, security deposits, and performance or maintenance bonds. The department shall determine the required dollar amount of title insurance, security deposits, and performance or maintenance bonds required by this rule as follows:

(1) the dollar amount of the title insurance policy shall be determined on the basis of the following information and documentation submitted by the applicant:

(i) a current tax map showing all the tax blocks and Lots involved in the proposed development;

(ii) the area and assessed valuations of each lot, land only, fronting the proposed private sewers or private drains;

(iii) the schematic layout of the proposed pipes in the streets or sewer easements indicating the length of the pipes; and

(iv) the dimensions and total area of the streets and/or sewer easements to be covered by the title insurance policy.

(2) The dollar amount of security deposits required by this rule shall be equal to the linear footage of the private sewer or private drain multiplied by seven, provided, however, that in no event shall the total amount of the required security deposit be less than five thousand dollars. The department may increase the required amount of security deposit in situations involving special conditions as outlined in 15 RCNY § 23-02(c). All maintenance securities shall be deposited with the comptroller's office and shall be in a form acceptable to the comptroller.

(3) The dollar amount of performance and maintenance bonds shall be an amount that is equal to the cost of construction, as determined by the department, of the proposed private sewers or private drains.

(f) Accident reporting. The owner, applicant, supervising professional engineer or registered architect, or any other person who knows or has reason to know of any accident occurring in connection with any operations related to the construction of a private sewer or private drain and appurtenances thereto, or the relocation of an existing sewer shall make immediate written notice to the department. Such report shall be made whether or not a claim has been or may be made by or against any party to the accident or occurrence causing property damage or bodily injury.

§ 23-05 Standards for Drainage Proposal Approval, Revision, and Revocation.

(a) Standard for approval of drainage proposals. The department shall approve drainage proposals or drainage proposal revisions only after the department has determined that such drainage proposals or drainage proposal revisions are complete and are in full compliance with all standards, requirements, and provisions of this rule and the department's most recent design criteria.

(b) Duration of approval. The department's approval of a drainage proposal or a drainage proposal revision shall be valid for a period of three years from the date of the department's written approval. The department may, upon written request made by an applicant prior to the expiration date of an approved drainage proposal, extend, without charge, the approval for a one-time sixty day period. An applicant shall be required to submit a new drainage proposal for review and approval if the approved drainage proposal expires before the applicant has obtained the department's approval of his or her private sewer or private drain plan.

(c) Status letter. An applicant may request the department to issue a letter to Department of Buildings regarding the status of the proposed private drain provided that the applicant has an approved drainage proposal and has posted all insurance, indemnities, performance and maintenance bonds, and security deposits required by this rule.

(d) Revisions. An approved drainage proposal may only be revised subject to the department's approval. The following non-exclusive list of changes to an approved drainage proposal render the approved drainage proposal null and void and require the submission of a drainage proposal revision with the applicable review fee:

(1) a change to the type or kind of the proposed development;

(2) a change to the point of sanitary or storm water discharge from the site;

(3) the addition or deletion of property in the proposed development resulting in a corresponding change to the proposed private drain;

(4) a change in the alignment of the proposed piping which does or may result in a change in the hydraulic design of the proposed private drain; or

(5) a change in the location of a proposed private on-site detention basin facility.

(e) Revocation of drainage proposal approval. The department shall revoke its approval of a drainage proposal at any time if it determines that:

(1) any of the information or documentation submitted in support of the drainage proposal is false, inaccurate, or misleading;

(2) the approved drainage proposal fails to include adequate provisions for existing conditions that come to the attention of the department after it has approved a drainage proposal; or

(3) the applicant has made any of the changes listed in paragraph (d) of this section without prior written approval of the department.

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