(a) Safety and nuisance standards. Each permittee/contractor shall supervise personally or by an authorized representative, all filling, grading, leveling, and/or compacting of fill material activities conducted on the property so as to ensure that the property is maintained in a sanitary manner and to prevent the creation of public nuisances and safety hazards and the deposit thereon of any materials other than those permitted under these Rules and Regulations. Safety and public nuisance standards applied to landfill operations shall include but not be limited to the following:
(1) depressed or excavated areas which exceed five feet in depth must be enclosed by fencing or a berm. Berms must not exceed 6 feet in height. (The type, and minimum height of the enclosure needed will be determined by a D.O.S. inspector.)
(2) storage of fill material on the property shall not exceed 10 feet.
(3) if the landfill site is bound by a roadway or street, a 10 foot set back between said street or roadway and the berm or fencing must be installed.
(4) accepted engineering and construction practices must be followed to prevent any structural damage to surrounding structures or future structures built at the site's location.
(5) the landfill operation shall be conducted in such a manner as to be in compliance with all survey specifications.
(b) Operating standards. Operating standards applied to landfill shall include but not be limited to the following:
(1) The boundaries of the landfill site should be clearly identified by surveying markers or stakes.
(2) In instances which do not permit for the installation of survey markers, the boundaries of the site should be defined by physical objects such as fences, streets, berms, etc.
(3) Surveying markers or grade stakes should also be placed throughout the property to indicate the final elevation levels of the property, as well as the horizontal limits of landfilling. Benchmarks must also be provided to facilitate surveying.
(4) Material used for the fill operation must not contain any hazardous material (wherever referred to in these Regulations shall be as defined by 6 NYCRR part 371 Regulations adopted by New York State DEC pursuant to Article 27, Title 9, of the Environmental Conservation Law), asbestos, wood, or unsuitable items such as tires, iron, appliances, mattresses, putrescibles, household goods, etc.
(5) Limits on the volume of material to be deposited at the landfill site will be set at the time of permit issuance. These limits will be based on the plans and scope of work submitted by the permittee during the application period. The limits cannot be changed unless a revised set of plans, scope of work and explanation/justification for the change is presented to the Department, and prior written Department approval is obtained. If the permittee fails to comply with this Rule, the Department will stop/suspend the intake of fill materials when the original volume limits are reached. The Department must also receive duly notarized written notice from the property owner indicating that all changes in plans and scope of work have his/her approval.
(6) The permittee must notify the Department in writing at least 10 days before the point when the limit for fill material has been reached. The Department will verify this information with an on site inspection. A second written notice must be sent to the Department at the point of project completion. A final inspection will then be performed by Department personnel to ensure that the job conforms with the plans approved by the Department. A landfill operation will not be considered complete unless the entire site has been graded/leveled off, is in total compliance with the elevations set in the approved plans, is in a clean and sanitary state, and poses no safety hazards or public nuisance problems.
(7) If a permit is granted, and the landfill work is not begun within the permitted period, the permit will be automatically canceled and the contractor must reapply for a new permit.
(8) If the landfill work is not completed within the permitted period, the permit must be renewed.
(9) The processing, sorting or screening of acceptable fill material at a landfill job site is illegal unless: the site is properly zoned for a processing operation, and all required permits and approvals have been obtained from the Department of Buildings.
(10) Department personnel must have access to the landfill operation at all times for the purpose of inspecting the progress of the work; compliance to approved plans; quality of the fill material; and sampling/testing of the fill material. Costs of sampling and testing shall be the responsibility of the permittee/contractor.
(11) In the event that improper fill material is observed at a job site during the course of an inspection by Department personnel, the permittee will be required to isolate the material, and remove it from the job site in the presence of Department personnel. A clean up operation must commence within 48 hours of the discovery.
(12) Prior to beginning any fill operation the permittee must clean the site of all trees, weeds, bushes, shrubs, etc. and any unacceptable materials previously deposited there.
(13) In order to prevent the creation of a public nuisance and to insure the safety of surrounding communities, the permittee may be required to comply with additional safety and/or operating conditions deemed appropriate by the Commissioner.
(14) Landfill operations may only be conducted during daylight hours. A violation of any of these Rules and Regulations or of the applicable sections of the Administrative Code or the Health Code shall subject the permittee/contractor and/or property owner to the penalties contained in 16 RCNY § 3-02(m) and (n) of these Regulations or in the Health Code, as well as suspension, revocation or denial of the permit. Permits to conduct landfill operations are not transferable from one contractor to another. Only the company to whom the permit is issued is permitted to conduct the landfill operation. In the event that subcontractors are hired to do any portion of the land fill work, the Department must be informed in writing, and prior Department approval must be obtained before work can begin. All contractors and subcontractors will be subjected to a background investigation which will reveal their record of compliance with City, State and Federal laws. The Department reserves the right to deny a permit on the basis of the contractor's/subcontractor's record of compliance. Failure to inform the Department of subcontractors, and/or failure to obtain prior Department approval could result in the cancellation of a permit request or the revocation of a permit. The names of all permitted contractors and subcontractors will appear on the landfill permit. This permit must be kept on the job site at all times and shown to Department representatives upon request. In the event that an owner/contractor is found to be conducting a landfill operation without the required approval of the Department of Sanitation, he or she will be subject to all the penalties applicable under the Health and Administrative Codes and relevant Regulations of the City of New York. He or she will be subject to the impoundment of vehicles; required to stop the operation until such time as a proper permit request has been made and approved; conduct borings testing as specified by a Department inspector at the contractor's expense to establish that work performed illegally at the unpermitted site meets with the Department's requirements as to the quality of material used; and pay all fines and/or fees deemed by the Commissioner to cover the Department's cost of monitoring the illegal site.
(c) Security and supervision. Permittees at waterfront property including piers shall supervise such areas personally or by an authorized representative twenty-four hours every day, including Sundays and holidays. If a pier or the portion thereof or waterfront property covered by a permit may be securely locked or barred to prevent dumping therefrom during nights, Sundays and holidays, and such pier waterfront property or the portion thereof covered by a permit is kept securely locked or barred at night and on Sundays and holidays, no supervision will be required at those times unless material is being received or partially loaded or loaded dumpers are moored thereat.
(d) Fires prohibited. No fires shall be maintained or permitted upon any portion of any landfill area.
(e) Entranceway controls. All permittees/contractors shall provide and at all times properly maintain a suitable and satisfactory entranceway or driveway into and upon all permitted landfill areas. Each permittee/contractor must prevent every vehicle using or desiring to use such areas from crossing curbs or sidewalks to reach or leave the property unless and until he shall have first obtained due permission to cut the curb from the municipal authority having jurisdiction and also shall have planked or otherwise adequately protected such sidewalk.
(f) Environmental controls. Every permittee must keep such permitted or landfill area and the fill material deposited on land areas, or in and upon lands under water or upon vessels, clean, inoffensive and neat in appearance. Said landfill work shall not result in an offensive or unclean condition on properties abutting the landfill operation. All filling in operations shall be conducted in such manner as to prevent the accumulation of stagnant waters. All landfill operators will be required to clean surrounding streets if tracing of dirt occurs. If the generation of dust is deemed to be a problem, the landfill operator will be required to provide a water source to wet down the landfill area and surrounding streets. City hydrants are not to be used unless a D.E.P. permit is obtained.
(g) Conformity with City, State and Federal laws and regulations. All filling operations in and upon lands under water or upon lands or piers abutting upon any navigable waterway shall be conducted at all times in accordance with all City, State, and Federal laws and regulations applicable thereto.