Loading...
In construing and enforcing the provisions of these Rules and Regulations, the act of a Director, Officer, Agent or other person acting for or employed by a person, firm, partnership or corporation subject to the provisions of §§ 16-130, 16-131 and 16-133 and 16-119 of the Administrative Code for the City of New York and to these Rules and Regulations and acting within the scope of his employment, shall be deemed the act of such person, firm, partnership or corporation and bind a permittee/contractor, subcontractor or property owner even though it also be deemed the act of a particular individual for the purpose of penal prosecution.
For the purpose of these Rules and Regulations:
(a) Landfill operations as defined hereunder, shall include only the reception of materials for final disposition at piers, lands, and lands under water for the purpose of landfilling and/or land improvement, and shall be conducted in accordance with all Federal, State and local laws, and these Rules and Regulations.
(b) Except as provided in the preceding subdivision, no landfill operation shall be conducted on any privately-owned lands anywhere in the City of New York.
(c) The owners of lands below established grades or of lands under water may contract to fill in such lands to grades approved by the Department of Sanitation (D.O.S.), the Bureau of Highways, the Department of Buildings, the Department of Ports and Trade, and any other agency/authority having such jurisdiction. Only clean fill will be permitted consisting of earth, dirt, concrete, rock, gravel, stone, and sand. Landfill work cannot commence until written approval from the Department of Sanitation as set forth below in 16 RCNY § 3-03(c) has been received.
(d) A separate permit is required for each pier, land or lands under water to be used as a reception point for fill materials.
(e) The Letter of Acknowledgement from the Department of Sanitation for a landfill operation shall not be deemed to authorize the depositing of materials within the lines of mapped streets or of streets legally opened.
(f) All permittees/contractors, applicants for permits and all owners of property conducting landfill operations shall afford the Commissioner of Sanitation and his authorized representatives access at all times to such areas.
(g) For the purpose of this Section, the term "landfill operations" shall mean: Final disposition, grading, leveling and/or compacting of fill materials for the purpose of land improvement, or change of the existing property grade, the filling of lands below established grades or of lands under water to established grades, or to grades approved by the Department of Sanitation, the Bureau of Highways, Department of Ports, International Trade and Commerce, and/or Department of Buildings. The phases of landfill work covered by the Department of Sanitation's permit includes all stages of the landfill work noted above.
(h) No fill shall be accepted at any landfill operation that is not clean fill as defined in 16 RCNY § 3-02(c). Any materials dumped at such locations that do not meet the clean fill definition shall immediately place the operator in violation of these Regulations.
(i) No processing, screening or sorting of acceptable materials will be allowed at any landfill operation, unless the permittee obtains the required approvals as stated in 16 RCNY § 3-05(b)(9). It is not permissible to bring loads of unacceptable material to the site for the purpose of sorting or screening.
(j) Fee. The fee for each permit to operate shall be set by the city. Each permit, if not sooner canceled or revoked, shall continue in effect for the period noted on the permit. No part of such fee shall be prorated or refunded for non-use or for discontinuance of disposition activities or for the inability of the permittee to avail himself of the privilege. No portion of such fee shall be prorated or refunded for any period during which the permit is suspended for any reason nor for any remaining period of the term of the permit subsequent to revocation by the Commissioner of Sanitation for cause.
(k) Compliance with other laws and rules. Each property owner and landfill contractor filling in lands or lands under water shall comply with all Federal, State and local laws and all orders and rules and regulations of the Commissioner of Sanitation made or adopted under § 16-117.1 or 16-131, or by the Commissioner of Consumer Affairs under Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code, and/or the Commissioners of the Bureau of Highways, the Department of Buildings, Ports, International Trade and Commerce, Army Corps of Engineers, or New York State Department of Environmental Conservation if applicable.
(l) Applicability to public agencies except Department of Sanitation. All sections of these Rules and Regulations prescribing the procedures for landfill operations by owners of private property and their landfill contractors shall also apply to public agencies. Sanitary landfills operated by the New York City Department of Sanitation are exempt from these Regulations.
(m) Department's discretion to suspend or revoke Permits. Notwithstanding any provisions of the permit to the contrary, the Department specifically reserves the right to suspend this permit temporarily or to revoke it permanently at any time when the Commissioner, or his/her designee, in the exercise of his or her reasonable discretion, has reasonable cause to find that the holder of the permit has violated the terms of any of these Rules and Regulations or of the applicable sections of the Administrative Code or the Environmental Conservation Law ("ECL") or has violated any other applicable permit condition, law, rule or regulation.
(1) Where the Commissioner or his/her designee has reasonable cause to find a violation, the Commissioner or his/her designee, in the Commissioner's or the designee's sole discretion, may either suspend the permit, effective immediately, for a period not to exceed thirty (30) days, or revoke the permit, so long as the permittee/contractor is given notice of such finding of a violation and a final determination is made ultimately upon a record and after an opportunity for a hearing, in accordance with this subdivision (m).
(i) Notice shall be given to the permittee/contractor within a reasonable time prior to the hearing described in subparagraph (ii) of this paragraph (1), which notice shall include:
(A) the date, time and place of the hearing to be conducted by a duly designated hearing officer of the Office of the Deputy Commissioner of Trials of the Department (a "Hearing Officer") or by an alternative dispute resolution proceeding (an "ADP") as described in paragraph (2) of this subdivision (m),
(B) the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the laws and/or rules involved, and
(C) a short and plain statement of the matters to be adjudicated, including reference to the particular sections of the permit conditions, laws and/or rules involved.
(ii) All permittees/contractors shall be afforded an opportunity for a hearing within a reasonable time. However, such hearing shall take place within five (5) days where the Commissioner or his/her designee, having had reasonable cause to find a violation, suspends the permit immediately (a "Pre-hearing Suspension") upon such finding, unless the permittee/contractor requests an adjournment of such hearing for reasonable cause shown. At the hearing the permittee/contractor shall be afforded the opportunity to be represented by counsel, to issue subpoenas or request that a subpoena be issued, to call witnesses, to cross-examine opposing witnesses and to present oral and written arguments on the law and facts. Adherence to formal rules of evidence is not required. No ex parte communications relating to other than ministerial matters regarding a proceeding shall be received by a Hearing Officer, including internal agency directives not published as rules.
(iii) Findings of fact shall be based exclusively on the record of the proceeding as a whole.
(iv) The hearing shall be transcribed or recorded. A copy of the transcript or record, or any part thereof, shall be made available to the permittee/contractor for a reasonable cost upon request.
(v) Upon the conclusion of the hearing, the Hearing Officer shall make proposed findings of fact and law, which findings shall be supported by a preponderance of the credible evidence, and shall recommend a final decision, determination or order, forwarding such proposed findings and recommendations to the Commissioner who may adopt, reject or modify the Hearing Officer's proposals and recommendations.
(vi) Any recommended decision, final decision, determination or order shall be in writing, or stated in the record if the permittee/contractor is present, and shall include findings of fact, conclusions of law and penalties to be assessed, if any. A copy of any written recommended decision, final decision, determination or order shall be delivered or mailed forthwith to the permittee/contractor.
(vii) If the Commissioner finds in the final decision, determination or order that the permittee/contractor has committed a violation, then in the Commissioner's sole discretion, the permit shall be either suspended for a period not to exceed thirty (30) days, which suspension may include credit for any period of a Pre-hearing Suspension, or revoked. A suspension may also include a direction to the permittee/contractor to take any remedial action necessary to cure the violation of the terms of any applicable permit condition, law, rule or regulation.
(viii) In the event of a Pre-hearing Suspension, the permittee/contractor may show, pending either the hearing or the rendering of a final decision, determination or order, that he/she has come into compliance with the applicable permit conditions, laws, rules and regulations, upon which such a Pre-hearing Suspension may be lifted by the Commissioner or his/her designee, and the permittee/contractor may resume normal operations. In the event that this permit is suspended after either a hearing or the rendering of a final decision, determination or order, the permittee/contractor may show that he/she has come into compliance with the applicable permit conditions, laws, rules or regulations within the specified period of suspension, upon which the suspension may be lifted, in the Commissioner's sole discretion, and the permittee/contractor may resume normal operations.
(2) The Commissioner or his/her designee, may grant the permittee/contractor the option of participating in an ADP once proper notice has been given, in lieu of the formal administrative proceeding established in paragraph (1) of this subdivision (m).
(i) An ADP shall consist of a meeting between the permittee/contractor and the Commissioner's representative, wherein the permittee/contractor may offer a refutation, explanation, excuse or justification relative to a violation, which violation the Commissioner or designee had reasonable cause to find. ADP proceedings shall be informal and non-adversarial. However, the permittee/contractor shall be permitted to have representation at this ADP. It is not required that these proceedings be transcribed or recorded, although all permittees/contractors shall be permitted to do so at their own expense.
(ii) The Commissioner's representative shall be empowered to make all final findings and determinations in an ADP. The penalty to be assessed, if any, may include a suspension of the permit for a period not to exceed fourteen (14) days, including a direction to the permittee/contractor to take any remedial action necessary to cure a violation.
(iii) By voluntarily choosing an ADP, the permittee/contractor shall be deemed to have waived his or her rights to the formal administrative proceedings contained in paragraph (1) of this subdivision (m), unless the permittee/contractor, within forty-eight (48) hours of the receipt of the final determination of the Commissioner's representative, otherwise notifies the Commissioner in writing that he/she has decided not to accept such determination.
(iv) Unless the Commissioner in his or her sole discretion specifically decides otherwise, in the following circumstances the option of an ADP shall not be available:
(A) where the violation involves material used in the fill operation containing hazardous waste (as defined in the ECL Article 27, Title 9 and Article 71, Title 27), infectious waste (as defined in the ECL Article 27, Title 15 and in the New York State Public Health Law Article 13, Title 13), potentially infectious waste (as defined in the Administrative Code § 16-120.1), asbestos, wood, or other such unsuitable items, including, but not limited to: tires, iron, appliances, mattresses, putrescibles and household goods; or
(B) where the permittee/contractor has been found to have committed a violation of any applicable permit condition, law, rule or regulation in any adjudicatory proceeding provided for by this subdivision (m) on two or more occasions, all of which violations having been committed within a consecutive twelve (12) month period.
(n) Criminal punishment and other enforcement powers. In addition to any suspension or revocation of a permit, the permittee/contractor, subcontractor, property owner or any other person, firm or corporation may be prosecuted and convicted in the Criminal Court of the City of New York for a violation of any provision of § 16-127 of the Administrative Code or of any rule or regulation adopted by the Commissioner pursuant to §§ 16-117.1 or 16-131 of the Administrative Code and upon such conviction punished by a fine not exceeding one hundred dollars ($100) or imprisonment for ten days or both, even though such prosecution and conviction be based, in whole or in part on the same facts or occurrences upon which any suspension or revocation of permit is based. A permit may be suspended or revoked for cause other than that which would support a prosecution and conviction in the Criminal Court of the City of New York.
(a) No permit for any landfill operation shall be issued until the applicant has submitted an application in the form described below. Each applicant, in addition to furnishing all of the information required by such prescribed form of application, also shall comply promptly with all requests of the Commissioner of Sanitation and/or his representative for other and additional information desired for the consideration of his application. Application requests should be made through the Department and must be made only by the contractor performing the landfill work.
(b) Each application for a landfill permit must be accompanied by proof of ownership of the property (i.e., deed) and the written, notarized consent of the owner thereof to the conduct of the landfill operation.
(c) The contractor hired to conduct the landfill operation to fill in any land or land under water with any of the materials set forth in 16 RCNY § 3-02(c) above, shall write to the Department of Sanitation setting forth the following:
(1) The names and addresses and social security numbers of the applicant(s). (If a corporation, the application must:
(i) contain a complete copy of the Certificate of Incorporation and state the names and addresses of the president, vice president, secretary, treasurer and Board member;
(ii) be signed by a corporate officer; and
(iii) the corporate seal must be impressed on the application. If a partnership, a copy of partnership papers, certified by the County Clerk, must accompany the request. If doing business under an assumed name, "Doing Business Papers", certified by the County Clerk, must accompany the application.) The applicants must also submit the names and addresses of all persons or entities having any ownership interest in the applicant's business, including principal shareholder, (any shareholder, including other business entity, who owns 10% or more of the issued company stock of any class) limited partners, or creditors, to which the business is indebted in an amount equal to or greater than $3,000.00, other than a financial institution licensed to do business in the State of New York. The operator shall have the continuing duty to inform the Department of Sanitation of any changes in the officers and/or ownership of the business during the lifetime of the permit.
(2) The names and addresses of the owner(s) of the property. Proof of ownership as registered with the City Register in the Borough where situated, together with a certified, photostatic copy of the deed of ownership. (The block and lot numbers shown on the deed should correspond with the information contained in the survey map referred to below.) Also required is a duly notarized authorization letter from the property owner stating that he has given the applicant permission to fill in the property, and he acknowledges ultimate liability for the work performed.
(3) The applicant must submit an official survey map, showing block and lot numbers, street boundaries, the borough, property lines and the approximate square footage or acreage of the property. The beginning point should be marked on the map and correspond to the information contained in the deed. All survey maps must have the stamp or seal of a New York State licensed land surveyor or professional engineer.
(4) An estimate of the cubic yardage of fill material required for the operation. A description of the particular materials to be used in filling in the property.
(5) The listing of contractors/subcontractors and locations which will be supplying fill materials to the landfill operator. The Department reserves the right to conduct inspections at the site(s) of fill origination to insure said material is of an acceptable quality.
(6) Plans must include a detailed description of the landfill work to be performed, the square footage of the property to be filled, the existing and proposed grades of the area to be filled or excavated, plotted in contours spaced at five foot intervals or at such other intervals as may be required by the Bureau of Highways or the Department of Buildings. Any plans to conduct excavation work at a landfill site must be approved by either of these Departments and clearly indicated on the plans. A statement of the slopes to be maintained and a cross section showing such slopes; whether the streets adjacent to the land are final mapped streets and with whom title of the streets is vested; the line and grades of abutting streets which are legally mapped; a profile of the existing grade, legal grade and final grade of abutting streets. Block and Lot numbers must also appear on the plans.
(7) This plan described in paragraph (6) above must be submitted by a New York State licensed land surveyor or a professional engineer. The name, business address and phone number of said surveyor/engineer must also be presented to the Department of Sanitation.
(8) Approximate length of time to complete fill, and an estimated completion date.
(9) The applicant must submit a listing of the names and addresses of all landfill, transfer station, demolition/construction, and sanitation related operations for which he was previously granted City permits, and the dates of operation for these sites. If the applicant is/was a member of a corporation which was granted a permit, the applicant must report the names and addresses of the president, vice president, secretary, treasurer and Board members. If a member of a partnership, which was granted a permit, the applicant must report the names and addresses of his partners. If the applicant previously or currently has any financial interest in a landfill, transfer station, demolition/construction, or other sanitation related operation (i.e., said operation is indebted to the applicant in an amount equal to or greater than $3,000) he must report this information in his application. The Commissioner reserves the right to disapprove a permit request on the basis of an applicant's past record of compliance with City laws, rules and regulations.
(10) Upon request the applicant must submit information on vehicles used in the operation such as a description, type, model, make, year, license and vehicle identification number.
(11) The applicant must submit the names, business addresses and telephone numbers of any and all contractors/subcontractors with whom he enters into an agreement to perform any portion of the landfill work. Failure to supply this information will result in the cancellation of the applicant's request. Furthermore, information regarding subcontractor agreements must be forwarded to the Department at least two (2) business days prior to the commencement of the subcontractor's portion(s) of the work throughout the permitted period. Failure to keep the Department informed of future/changing subcontractor agreements may result in the revocation of a permit.
(12) In addition to the above, the Commissioner requires an applicant for permit under these Rules and Regulations to furnish a copy of all permits required to be filed with any other governmental authority, including but not limited to:
Land Contour Permit | NYC Department of Transportation, Bureau of Highway Operations |
Buildings Permit | NYC Department of Buildings |
Sidewalk Crossing Permit | NYC Department of Transportation, Bureau of Highway Operations |
Equipment Permits | NYC Department of Buildings |
If the property is marginal land, land under water or designated wet lands, the applicant will have to obtain the following permits and include copies of them with his application letter:
Work Permit | NYC Department of Ports and Trade, Battery Maritime Building |
NYSDEC Permit | NYS Department of Environmental Conservation |
Work Permit | U.S. Army Corps of Engineers New York District |
All landfill work to be conducted in Staten Island must be approved by the Department of Buildings' Superintendent. Said approval must be submitted at the time of application. In the event that excavation work requires digging down to within five feet (5') of the ground water table, approvals for such work must also be obtained from the New York State Department of Environmental Conservation. It is the applicant's responsibility to insure that all required permits and approvals have been obtained prior to the commencement of the landfill operation. In the event that any of the above listed agencies exempts an applicant from their permitting and approval requirements, the Department of Sanitation must receive written notice of said exemption, and the reason for said exemption from the relevant agency.
(13) Applications may be made by mail or in person.
(14) The applicant must submit proof that he or she has obtained the required workers' compensation and disability benefits coverage, or that the applicant is exempt from the Workers' Compensation Law, Section 57, and the Disability Benefits Law, Section 220, Subdivision 8. Proof of coverage can be established by submitting the following Workers' Compensation Board forms: C-105.2 Application for Certificate of Workers' Compensation Insurance; DB-120.1 Employer's Application for Certificate of Compliance with Disability Benefits Law; S1-12 Affidavit certifying that compensation has been secured. Proof that no coverage is required can be provided by submitting the following Workers' Compensation Board form: C-105.21 Statement that applicant does not require Workers' Compensation or Disability Benefits Coverage.
(15) Processing of the application will not be completed until all the above stated documentation is provided.
Loading...