(a) Applicability.
(1) This Rule applies to the certification of sewer availability and to the issuance of permits for the construction, alteration, repair or relay, plugging, unplugging, and inspection of all Sewer connections and appurtenances.
(2) The portion of a new Sewer connection extending from the curb line to sewers built under New York City capital sewer construction projects are not subject to this Rule and are covered by the standards and specifications for such projects.
(b) Definitions. For the purposes of this Rule, the following definitions apply:
Agency. "Agency" means an agency of the City.
Allowable flow. "Allowable flow" means the storm flow from developments that can be released into an existing storm or combined sewer based on existing sewer design criteria.
Allowable sewer or drain. "Allowable sewer or drain" means an existing sewer or drain built in accordance with a City drainage plan or an approved Drainage proposal, and is the approved outlet to receive Flow from the site of an existing or a proposed development.
Alteration map. "Alteration map" means a map showing proposed changes to the City map.
A.N.S.I. "A.N.S.I." means the American National Standards Institute.
Applicant. "Applicant" means the Owner of an existing or a proposed development or his or her legally designated representative.
Applicant's offering plan. "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, and which is submitted to the New York State Department of Law in accordance with the requirements of Section 352-e of the New York State General Business Law.
Approved outlet. "Approved outlet" means an existing storm, sanitary or combined sewer or drain built to receive flow from a development.
As-built drawing or Record drawing. "As-built drawing" or "Record drawing" means a map or a drawing which represents the actual constructed state of a City sewer, a Private sewer, or a Private drain and appurtenances.
ASTM. "ASTM" means the American Standards for the Testing of Materials, latest edition.
Available sewer or drain. "Available sewer or drain" means an existing fronting sewer or drain which has existing adequate capacity for use by an existing or a proposed development.
Bell. “Bell” means the end of the pipe, which is larger than the rest of the pipe.
Block. "Block" means a tract of land bounded by consecutive intersecting streets.
Building. "Building" means a structure having a specific Block and Lot (or tax sublot). In general, a structure will be considered a Building if it has a separate entrance from an outdoor area.
Building Drain. "Building drain" means 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 building sewer, to an approved place of disposal.
Building Sewer. "Building sewer" means 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.
BWSO. "BWSO" means the Bureau of Water & Sewer Operations or its successor.
Catch basin. "Catch basin" means a structure designed to collect and convey stormwater runoff to a Storm sewer, a Combined sewer, or an approved outlet by means of a catch basin connection pipe.
City. "City" means the City of New York.
City drainage plan. "City drainage plan" or "drainage plan" means a plan for the proper sewage 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.
Code. "Code" means the Administrative Code of the City of New York.
Combined sewage. "Combined sewage" means a combination of Sanitary sewage, industrial wastewater and stormwater runoff.
Combined sewer. "Combined sewer" means a sewer receiving a combination of sanitary and/or industrial wastewater and stormwater runoff.
Commissioner. "Commissioner" means the Commissioner of the New York City Department of Environmental Protection.
Condominium association. "Condominium association" means the legal entity comprising the present and future unit-Owners of a condominium development and established in accordance with Article 9-B of the New York State Real Property Law.
Connection permit. "Connection permit" means a written authorization issued by the DEP to connect to an existing sewer or drain or an approved outlet.
Contractor. "Contractor" means an entity retained by the Owner/Applicant to construct a facility.
Contributory drainage area. "Contributory drainage area" means a drainage area bounded by the ridgelines of the furthest boundaries from which flow reaches a point of discharge.
DEP. "DEP" means the New York City Department of Environmental Protection or its successor Agency.
Detention system. "Detention system" means a system designed to slow and temporarily hold an accumulation of stormwater runoff and release it at a controlled rate.
Direct discharge. "Direct discharge" means a discharge by means of a sewer connection to a City sewer, a Private sewer, a Private drain, or an approved outlet fronting the property.
DOB. "DOB" means the New York City Department of Buildings or its successor Agency.
DOF. "DOF" means the New York City Department of Finance or its successor Agency.
DOT. "DOT" means the New York City Department of Transportation or its successor Agency.
Drainage proposal. "Drainage proposal" means a plan showing a proposed sewerage system to serve an existing or a proposed development and Contributory drainage area that does not conform to the City drainage plan.
Dwelling unit. "Dwelling unit" means one or more rooms in a Building that are arranged, designed, used or intended for use by one family.
Final mapped street. "Final mapped street" means a street as shown on the City map.
Flow. "Flow" means a continuous movement of storm water or wastewater.
Fronting. "Fronting" means an existing sewer or drain abutting an existing or proposed development.
Groundwater. "Groundwater" means any existing water in subsoil stratums, including water from springs and natural underground streams, but excluding water from wells used for the delivery of potable or processed water.
Groundwater table. "Groundwater table" means the actual depth of ground water below surface.
Homeowners' association. "Homeowners' association" means the legal entity compromising the present and future homeowners/unit owners of a development.
House connection proposal. "House connection proposal" means a plan showing proposed Sewer connection(s) to a City sewer, a Private sewer, a Private drain, or an approved outlet to serve Fee Simple One (1), Two (2) or Three (3) Family Dwelling Units less than 20,000 square feet in total site area, connecting to a sewer that fronts the site.
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 waste. "Industrial waste" means any liquid, gaseous or solid substance, or a combination thereof, resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of natural resources.
Inspector. "Inspector" means a DEP or DOB sewer connection inspector.
Internal drain. "Internal drain" means a drainage system which is not located in a Final Mapped street, a Record street or an Easement under the jurisdiction of DEP.
Intercepting sewer. "Intercepting sewer" or "Interceptor sewer" means a sewer that was built as part of the Treatment plant, which, during dry weather, receives the dry-weather flow from a number of transverse Sanitary or Combined sewers and conveys such Flow to a wastewater pollution control plant. During storms, it receives predetermined quantities of dry-weather flow mixed with stormwater and conveys combined sewage to a wastewater pollution control plant.
Legally designated representative. "Legally designated representative" means a Professional Engineer or Registered Architect licensed by the State of New York who represents the Owner in connection with a proposal, plan, or application.
Licensed Master Plumber. "Licensed Master Plumber" means a plumber licensed to perform plumbing work within the City by the City agency having jurisdiction over such licensing.
Lot. "Lot" means a tax lot as shown on the Tax map of the City.
Mapping action. "Mapping action" means a proceeding to change the City map pursuant to the New York City Charter.
Non-plumbing work. "Non-plumbing work" means any work not referenced in the definition of "Plumbing Work", including excavation work, construction work or any other work not classified as plumbing work.
NYC Stormwater Manual. "NYC Stormwater Manual" (the "Manual") refers to the procedural and technical stormwater requirements set forth as an Appendix to 15 RCNY Chapter 19.1.
Opinion of dedication. "Opinion of dedication" means an opinion by the Corporation Counsel that a street is an open and continuously traveled street dedicated for public use.
Owner. "Owner" means any individual, firm, corporation, company, association, society, institution or any other legal entity that owns the property, appurtenances, and easements compromising an existing or a proposed development.
Plumbing work. "Plumbing work" means the installation, maintenance, repair, modification, extension or alteration of plumbing or piping system within a tax lot.
Private drain. "Private drain" means a private sanitary, stormwater, or combined drain that is constructed in a Final Mapped street, a Record street, or an easement and discharges into an approved outlet.
Private pumping station. "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 to a Private force main.
Private force main. "Private force main" means a privately owned, operated and maintained pressurized pipe designated to receive the wastewater discharged from a Private pumping station and to convey it under pressure to a point of discharge.
Private sewage treatment plant. "Private sewage treatment plant" means a privately owned, operated and maintained wastewater collection facility located on private property that is used for the physical, chemical, and/or biological treatment of wastewater.
Private sewer. "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 to serve a specific development and is located in a final mapped street, a Record street, or a sewer easement, and discharges into an approved outlet.
Private sewer plan or private drain plan. "Private sewer plan" or "Private drain plan" means a construction plan for the installation of Private sewers or Private drains and appurtenances thereto.
Protrusion. “Protrusion” means an extension of the sewer connection beyond the inner wall of the sewer.
Record street. "Record street" means a street that appears on the Tax map of the City, but is not a final mapped street.
Repair/relay. "Repair/relay" means complete, substantial, or partial repair or replacement of any existing Sewer connection.
Retention system. "Retention system" means a system designed to capture an accumulation of stormwater runoff on site through infiltration, evapotranspiration, storage for reuse, or a combination thereof.
Rule. "Rule" means all the standards and requirements of the DEP governing connection to the sewer system, as contained herein.
Runoff. "Runoff" means overland stormwater flow that is not absorbed into the ground.
Sanitary sewage. "Sanitary sewage" means bodily waste, swimming pool discharge, wash water, or similar waste which is discharged into a Sanitary sewer or a Combined sewer.
Sanitary sewer. "Sanitary sewer" means a sewer which conveys Sanitary sewage and/or industrial waste.
Section. “Section” means the area of sewer pipe from existing bell to bell.
Seepage basin. "Seepage basin" means a drainage structure constructed in the street area designed to dispose of street storm water runoff collected by catch basins and catch basin connections at locations where storm or combined sewer do not exit.
Sewer certification. "Sewer certification" or "Sewer availability certification" means a house connection proposal application or site connection proposal application to certify the adequacy of the existing abutting sewer to receive site storm and sanitary discharge from a development.
Sewer connection. "Sewer connection" means that part of a sanitary, stormwater, or combined sewer disposal pipe which extends from the property line of a Building to an existing City sewer, a Private sewer, a Private drain, or an approved outlet under the jurisdiction of the DEP.
Sewer easement. "Sewer easement" means a nonpossessory interest in private property, which allows for the limited right to use the property that is designated for the construction and maintenance of a drainage facility such as a City sewer, a Private drain, a Watercourse, a Watercourse diversion, or related structures.
Shared sewer connection. "Shared sewer connection" means a sewer connection serving two or more tax lots.
Site. "Site" means the area that is being developed.
Site connection proposal. "Site connection proposal" means a plan showing proposed Sewer connection(s) from existing or proposed developments other than a House Connection Proposal.
Special conditions. "Special conditions" mean and include, but is 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.
Storm sewer. "Storm sewer" means a sewer which conveys only stormwater.
Stormwater. "Stormwater" means the excess water running off the surface of a drainage area during, and immediately following, a period of precipitation.
Stormwater management facility. "Stormwater management facility" means a stormwater management practice serving a developed site and consisting of technology or strategies designed to reduce pollutants in stormwater runoff or reduce runoff rate or volume from the developed site through infiltration, retention, detention, direct plant uptake, filtration, or other method or treatment. Such term includes, but is not limited to, detention systems and retention systems.
Stormwater release rate. "Stormwater release rate" means the rate at which stormwater is released from a site, calculated in terms of cubic feet per second (cfs).
Stormwater volume requirement. "Stormwater volume requirement" means the minimum volume of stormwater required to be managed on the site.
Tax ma p. "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.
Tentative lot. "Tentative lot" means a proposed tax lot as shown on the "Request to Real Property Assessment, Department of Surveying, Division for Tentative Lot Numbers".
Water Board. "Water Board" means the New York City Water Board.
Watercourse. "Watercourse" means a natural or artificial channel, a visible path or an active trench, which carries stormwater runoff from a Contributory drainage area.
Watercourse diversion. "Watercourse diversion" means the re-routing of an existing Watercourse by either open channel or closed piping.
Water service connection. "Water service connection" – The pipe from the street water main or other source of water supply to the building served.
(c) Variances.
(1) The DEP may grant a variance from one or more of the requirements of this Rule only upon:
(a) written request by the Applicant; and
(b) the presentation of adequate proof substantiating that compliance with the requirements of this Rule would impose an exceptional hardship.
(2) Every request for a variance shall:
(a) identify the specific provision(s) of this Rule for which a variance is sought;
(b) demonstrate that an exceptional economic, technological or safety hardship would result from compliance with the identified provision(s) and that the variance requested is the minimum necessary to afford relief; and
(c) demonstrate that the proposed variance would not result in any adverse impact on public health, safety, or welfare, the environment, or any natural resource(s).
(3) There shall be no variances granted from the bonding, insurance, or security requirements of this Rule.
(4) In granting variance, the DEP may impose specific conditions necessary to assure that the variance will have no adverse impact on public health, safety, or welfare, the environment, or any natural resource. Failure to comply with any condition of a variance shall be a violation of these rules.
(Amended City Record 2/15/2022, eff. 2/15/2022; amended City Record 12/31/2024, eff. 1/30/2025)
(a) General Requirements. Owners proposing to connect to a City sewer, a private sewer, a private drain, or an approved outlet to serve an existing or a proposed development must file a sewer certification application with the appropriate department of the City, in accordance with the following requirements:
(1) For an existing or a proposed Fee Simple One (1), Two (2) or Three (3) Family Dwelling Unit less than 20,000 square feet in total site area, a House Connection Proposal for sewer availability certification shall be required. Stormwater management systems for developments that include subdivision of lots must be submitted to DEP for review and approval.
(2) For all existing or proposed developments other than House Connection Proposals, a Site Connection Proposal for sewer availability certification shall be required and must be submitted to DEP. Stormwater management systems for developments that include multiple construction phases or subdivision of lots must be submitted to DEP for review and approval as a master/phased plan site connection application proposal.
(3) For the elimination of existing cesspools, septic tanks, or shared sanitary connections for existing buildings other than House Connection Proposals, a Site Connection Proposal for sewer availability certification shall be required, unless the site has been granted a prior sewer availability certification.
(4) All House Connection Proposals or Site Connection Proposals for sewer availability certification 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 submitted with the appropriate sewer certification application form. The signature and seal of a professional engineer or registered architect shall appear on each proposal.
(b) Specific Requirements.
(1) A professional engineer or registered architect may self-certify the availability of sewers by using the appropriate self-certified sewer certification application, except as specified in paragraph (2) of this subdivision.
(2) A professional engineer or registered architect shall not self-certify sewer certification applications for the cases listed below. Such applications shall be submitted to the DEP for review and certification:
(i) Applications for projects not filed with DOB;
(ii) Applications for proposed developments where a sewer does not front the property, but is available;
(iii) Applications for proposed developments where a storm or combined sewer extension is feasible;
(iv) Applications involving mapping actions;
(v) Applications for connection(s) to a proposed private sewer or private drain under construction by the applicant to serve a proposed development;
(vi) Applications for proposed developments to be constructed in staged phases;
(vii) Applications for proposed developments on part of a tax lot;
(viii) Applications to connect to a sewer or drain where the flow discharged must pass through a private pumping station;
(ix) Applications for proposed developments which must utilize an easement through, or cross, adjacent properties, to gain access to an approved outlet;
(x) Applications for proposed developments on a site traversed by a watercourse, active ditch, or existing sewer easement;
(xi) Applications for proposed discharge of flow to a private drain not built in accordance with the City drainage plan and which is not owned by the owner(s) of the proposed development(s);
(xii) Applications to connect to sewers or drains discharging to a private sewage treatment plant;
(xiii) Applications for proposed sanitary discharge to an interceptor sewer;
(xiv) Applications for proposed sanitary discharge to six (6) inch diameter sanitary sewers or drains;
(xv) Applications for proposed discharge of site storm flow to a highway drain, Work Project Administration (WPA) sewer, Temporary Connection (TC), plumber's drain, watercourse diversion, or State arterial highway drain;
(xvi) Applications for skewed connections or connections to stub extensions from existing manholes; and
(xvii) Application for proposed developments in areas rezoned after June 1993.
(3) All sewer certification applications shall contain the appropriate identification number(s) as issued by the DOB, except for:
(i) Applications using DOB's self-certification process; or
(ii) Applications which are not required to be filed with the DOB.
(4) Sewer certification applications shall include a site plan that shows the proposed sanitary discharge;; stormwater volume requirement; the actual stormwater release rate from the site; and the maximum stormwater release rate, in accordance with the following:
(i) The stormwater technical requirements as outlined in the NYC Stormwater Manual.
(ii) Computation of the stormwater release rate shall be in accordance with 15 RCNY § 31-03(a)(1) for connections in a combined or storm sewer system. In no case shall the maximum release rate exceed the allowable flow. If it is determined by DEP that the allowable flow is less than the maximum release rate outlined in 15 RCNY § 31-03(a)(1), then the maximum release rate will be equal to the allowable flow. Computation of allowable flow to be discharged into stormwater or combined sewers or drains shall be based on either the City drainage plan or an approved drainage proposal under which the existing sewers or drains were constructed.
(iii) DEP will accept for review applications that minimize the runoff coefficient of the entire site by maximizing open areas, and areas with grass or vegetative cover, green roofs, permeable pavements with suitable infiltration, or other techniques based on the runoff coefficients published by DEP. Further runoff coefficient reductions must be substantiated by soil borings taken at the location of the proposed areas in addition to a permeability test performed in situ.
(iv) Overall site runoff coefficients must not be decreased without the express written approval of DEP.
(v) Applicants shall specify the method(s) of disposal of all developed site storm flow in conformance with the provisions of local laws governing such disposal.
(vi) Sanitary flow discharged to sanitary or combined sewers or drains shall be computed based on the density development permissible under zoning designation for the proposed development in accordance with the most recent drainage design criteria of the DEP.
(5) Block and lot numbers shall correspond to the most recent records supplied by the DOF. Any applicant proposing to alter an existing block and/or lot layout shall submit to the DEP a Tentative Lot Number(s) Request Form bearing the applicant's signature and seal and showing the proposed block or lot modifications.
(6) All existing and proposed sewer connections shall be shown on the site plan and supporting documents. The minimum size of pipe for proposed or reused connections to the sewer system shall be an eight (8) inch pipe in the Borough of Manhattan and a six (6) inch pipe in all other Boroughs. The diameter of a sewer service connection may never be larger than the diameter of the sewer to which it is connecting.
(7) No horizontal bends for sewer connections shall be permitted outside the property lines of the project site.
(8) All sewer connections shall be gravity connections. Single structures utilizing an internal ejector shall follow provisions of the New York City Building Code and shall connect to the sewer by gravity for such use. In cases where multiple structure developments use internal ejectors, the internal ejector system shall discharge into a pressure relief manhole within the property lines, and then flow into the existing sewer by a gravity sewer connection.
(9) All site plans submitted to the DEP with sewer certification applications shall be prepared in accordance with the latest standards and requirements of the DEP, as indicated below:
(i) Site plans shall be drawn to scale, and shall contain the original seal and signature of the filing professional engineer or registered architect.
(ii) All hydraulic computations, and the proposed method(s) of disposal for all sanitary and storm discharge, must be shown on the site plan.
(iii) Swimming pool(s) must be shown on the site plan, but are not reviewed as part of the sewer certification application(s). A separate approval for the discharge from swimming pools must be obtained from the DEP. All swimming pools must discharge to an internal sanitary system prior to discharge into the existing sewer or drain.
(iv) Computations and details for the stormwater management facilities proposed for the on-site retention and/or detention of stormwater runoff from the developed site necessary to ensure compliance with this rule and/or with 15 RCNY Chapter 19.1 must be shown on the site plan.
(10) Subsoil boring logs and soil permeability testing information must be submitted, in accordance with the NYC Stormwater Manual, to substantiate any proposed on-site stormwater infiltration.
(11) Any person constructing a new development abutting a waterway shall discharge its stormwater to that waterway. All direct discharges shall comply with all applicable laws and regulations.
(12) For sites with industrial waste discharge, the applicant must obtain approval from the DEP for such discharge prior to the certification of the sewer certification application. For self-certified sewer certification applications, the approval for the discharge of industrial waste must be obtained prior to submission of the self-certified sewer certification application to the City.
(c) (1) System Availability. The Department will determine the sewer availability based on the following requirements. The Department shall determine that connection is feasible if:
(i) the sewer is considered a Department asset;
(ii) the sewer is of adequate capacity to receive all sewage flowing from the tributary area;
(iii) the sewer is in adequate physical condition to receive such flow;
(iv) no physical obstacles exist, between the boundaries of the lot or tract of land on which the building is located and the sewer, which would make connection to the sewer impracticable;
(v) the sewer is located in the same drainage area as all or most of the lot or tract of land on which the building is located; and
(vi) no other factor reasonably related to the conveyance of flow from the building to the sewer would make such connection impracticable or undesirable as a proper means of sewage disposal.
(2) Sanitary flow. A public sanitary sewer or combined sewer for the purpose of conveying sewage, shall be deemed available to a one, two and three family dwelling, if a property line of such dwelling is within one hundred feet (measured along a street or right-of-way) of the sewer. A public sanitary sewer or combined sewer for the purpose of conveying sewage, shall be deemed available to a building in which plumbing fixtures are installed, except to a one, two and three family dwelling, if a property line of such building is within five hundred feet (measured along a street, or right-of-way) of the sewer.
(3) Storm flow. A public storm or combined sewer for the purpose of conveying stormwater shall be deemed available in accordance with Administrative Code § 24-526.
(Amended City Record 2/15/2022, eff. 2/15/2022; amended City Record 12/31/2024, eff. 1/30/2025)
(a) Stormwater release rates. The following provisions apply to the issuance of permits for sewer availability certifications and connections to combined and storm sewer systems for new buildings and alterations as defined in the Construction/Plumbing Codes and related requirements for any horizontal building enlargement or any proposed increase in impervious surfaces.
(1) The maximum Stormwater Release Rates are set forth in the following table.
Sewer Type | Maximum Stormwater Release Rate |
Storm Sewer System | 1 cfs per acre or 0.046 cfs, whichever is greater |
Combined Sewer System | 0.1 cfs per acre or 0.046 cfs, whichever is greater |
(2) For applications where the site is part of a lot, the stormwater release rate for the altered area must be no more than the stormwater release rate for the entire site, determined in accordance with subparagraph (1) above, multiplied by the ratio of the altered area to the total site area. No new points of discharge are permitted.
(3) For sites where stormwater management facilities other than detention systems are proposed, applicants may be entitled to a reduction of the stormwater volume requirement. The NYC Stormwater Manual identifies eligible stormwater management facilities, which must provide a reliable reduction in peak runoff rates for large events, and sets forth methods for determining the amount of volume that may be reduced. Requests for any volume reduction must be shown on the site connection proposal application and reviewed by DEP and must be made in accordance with the NYC Stormwater Manual.
(Amended City Record 2/15/2022, eff. 2/15/2022)
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