(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.