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§ 31-06 Tree Plantings Adjacent to Existing Water and Sewer Infrastructure.
   (a)   Specific requirements. When planting trees, the separation distance shall not be less than:
      (1)   six feet center to center from distribution mains;
      (2)   eight feet center to center from mains greater than twenty inches in diameter; or
      (3)   four feet from the sheeting area for sewers.
   (b)   Variances. Variances from these requirements may be granted in cases where the minimum separation distances cannot be physically met and, subject to DEP approval, where additional root protection systems are proposed. In no case may a tree be planted directly above a water main or a sewer.
§ 31-07 Inspections.
   (a)   General Requirements. 
      (1)   All sewer connections, including new connections, relays/repairs, plugs, catch basin and catch basin connections, and seepage basins shall be inspected and approved by a Department Inspector unless the Department accepts photographic or video verification that the work meets Department standards.
      (2)   For connection work in the vicinity of the sewer, all work must be done in such a way that connections to the sewer will not result in any protrusions beyond the internal wall of the sewer. The Department must be able to confirm by inspection during installation or by a permittee-provided photographic or televised inspection of the sewer, as required and specified by the department, that there are no protrusions into the sewer wall beyond the internal wall of the sewer.
      (3)   DOB will inspect the building drain(s) and DEP will inspect the building sewer(s).
      (4)   A permittee shall be granted an inspection one business day following the request for such inspection.
      (5)   Prior to commencing excavation for sewer connections, the permittee shall verify that the sewer or drain is not surcharged, obstructed, or damaged. If the sewer is surcharged, obstructed, or damaged, the permittee shall not perform any work and shall immediately notify the DEP.
      (6)   No sewer connection or related work shall be inspected or approved by an Inspector unless the trench is open for any length of previously un-inspected work and all pipes, joints, and related work are visible. A suitable ladder affording safe access for such inspection shall be provided by the permittee. Trenches must conform to all applicable Rules, Regulations and laws regarding safety.
      (7)   An Inspector is required to be present during any drill-in to a sewer or drain.
      (8)   Any trench backfilled without completed inspection shall be re-excavated to the degree necessary as determined by the Inspector.
      (9)   Inspections will be conducted Monday through Friday (except on holidays) between the hours of 7 a.m. and 4 p.m. Exceptions to this requirement may be granted upon traffic and work stipulations set forth by the DOT or other entity having jurisdiction or for other unforeseen circumstances, at the discretion of the department.
      (10)   No inspection shall be performed unless all permits and appropriate documentation required by the DEP are displayed at the work site. Such documentation shall include:
         (i)   the certified house connection proposal or certified site connection proposal, with all pertinent supporting documents where required;
         (ii)   the approved permit application and sewer connection permit;
         (iii)   the street opening permit from the DOT or other entity having jurisdiction, and when a Builder's Pavement Plan has been required, an approved copy thereof;
         (iv)   all approved shop drawings;
         (v)   all Mayor's Traffic Construction Coordination Committee traffic stipulations, where weekend and/or night work is scheduled; and
         (vi)   all applicable notarized affidavits regarding the reuse of existing connections.
   (b)   Certificate of Inspection.
      (1)   A certificate of inspection shall be issued for each permit granted by the DEP upon: (i) successful completion of an inspection; and
         (ii)   compliance with all applicable requirements in 15 RCNY §§ 31-04, 31-05, and 31-07.
      (2)   For sewer certifications with multiple permits, a certificate of inspection shall be issued for each unit.
      (3)   No certificate of inspection shall be issued unless all sewer work shown on the certified house connection proposal or site connection proposal has been completed and inspected.
(Amended City Record 2/15/2022, eff. 2/15/2022; amended City Record 12/31/2024, eff. 1/30/2025)
§ 31-08 Repair Order.
   (a)   General Requirements.
      (1)   When a sewer house connection, private pumping station, private sanitary ejector, private sanitary force main house connection, or a private force main is found to be leaking, inoperative or defective at a particular premises, the DEP shall issue a repair order to the Owner of such premises. The repair order shall instruct the Owner to make all necessary repairs and otherwise comply with the requirements of such order within 30 days of the date of issuance of such order, except when the DEP determines that there is an immediate danger to public health, property or to the environment, in which case such order may provide that repairs shall be made immediately upon issuance of such order. For purposes of this section, "ejector" shall mean a mechanical device used to pump or eject sewage.
      (2)   If the Owner has not complied with the repair order in the period allowed, the DEP shall shut off the water service tap/wet connection of the premises. All repair work concerning a sewer connection shall be performed by a Licensed Master Plumber, as provided herein.
      (3)   If an Owner believes that a repair order has been issued in error or that exigent circumstances exist such that shutting off the tap/wet connection of the premises would result in extreme hardship, the Owner may apply by letter to the Commissioner who shall make a final determination as to whether the repair order was issued in error or whether exigent circumstances exist warranting an abeyance of issuance of the repair order.
      (4)   A Licensed Master Plumber shall obtain a sewer connection repair permit prior to performing work pursuant to a repair order on a sewer connection or in compliance with 15 RCNY §§ 31-04(a)(4) and 31-08(a). Upon completion of all necessary repairs by the Licensed Master Plumber and approval by the DEP, a Licensed Master Plumber shall obtain a tap/wet connection permit to restore the water service.
      (5)   When the water service is shut off by the DEP, the Owner must engage a Licensed Master Plumber to assume responsibility for the excavation over the tap or wet connection. If the Owner fails to engage a Licensed Master Plumber, the water service will remain shut off, the excavation will be backfilled, and the street will be properly restored.
§ 31-09 Effectiveness.
   (a)   The amendments to this chapter made by the rule that added this section do not apply to any site with a sewer availability certification issued prior to February 15, 2022.
   (b)   Notwithstanding subdivision a of this section, a site that is within an area that was rezoned as a result of a zoning map amendment application filed by the Department of City Planning, that received final approval after November 15, 2021 but before the effective date of the rule that added this section, must comply with the requirements of the amendments to this Chapter made by such rule if such site seeks to develop a parcel of land pursuant to such rezoning. Where any application for certification for such a site was submitted or any certification for such a site was issued under the rules in effect prior to the effective date of the rule that added this section, the applicant may not proceed under that application for certification or issued certification and must submit a new application for certification in compliance with 15 RCNY §§ 31-02 and 31-03, as amended by the rule that added this section.
(Added City Record 2/15/2022, eff. 2/15/2022)