(a) No person shall operate a putrescible solid waste transfer station without a permit issued by the Commissioner of Sanitation. No permit is required, however, for a putrescible solid waste transfer station operated by the Department. Review of any application for a Department of Sanitation putrescible solid waste transfer station permit may be suspended or terminated if the putrescible solid waste transfer station applicant is found to be operating any facility required to be permitted pursuant to § 16-130 of the Administrative Code of the City of New York without a permit therefor or in violation of any such permit. The term of a putrescible solid waste transfer station permit shall not exceed one year. The annual fee for such permit shall be thirteen thousand dollars ($13,000).
(b) A permit to operate a putrescible solid waste transfer station shall not be issued by the Commissioner unless the applicant has submitted the materials required by 16 RCNY § 4-13, has conformed to the design and equipment requirements contained in 16 RCNY § 4-16 and has submitted to the Department the following:
(1) A certified copy of a Certificate of Occupancy or, where applicable, a temporary Certificate of Occupancy, from the Department of Buildings of the City of New York, indicating the applicable Use Group pursuant to the Zoning Resolution of the City of New York and, if applicable, a copy of a written variance for the zoning lot from the Board of Standards and Appeals or any successor agency; and/or a copy of a certification or authorization of the Department of Small Business Services of the city of New York;
(2) A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the putrescible solid waste transfer station is sited or proposed to be sited;
(3) Documentary evidence as may be appropriate to show that all penalties, including those of the Environmental Control Board, imposed upon the applicant, the property owner, and any other person in control of or having an interest in the putrescible solid waste transfer station operation, for violations of 24 RCNY Health Code Article 157, or Title 16, Title 17, Chapter 1 of Title 16-A, Chapter 1 of Title 26 and Title 27 of the Administrative Code of the City of New York, or rules promulgated thereunder, that relate to the ownership or operation of a putrescible solid waste transfer station, non-putrescible solid waste transfer station, dump or fill material operation, have been paid or otherwise satisfied;
(4) Proof of workers' compensation coverage, or that the applicant is exempt from Workers' Compensation Law § 57, and proof of disability benefits coverage, or that the applicant is exempt from Workers' Compensation Law § 220, Subdivision 8 (disability benefits law);
(5) A written and notarized acknowledgement by the applicant and, if different from the applicant, the fee owner of the real property, that the applicant and/or fee owner may be held primarily liable for the removal of all solid waste and any other material from the putrescible solid waste transfer station;
(6) A certified copy of the deed, as recorded in the office of the City Register or, in Richmond County, the County Clerk, setting forth a metes and bounds description of the property, and, if applicable, a copy of the lease or sublease or a certified copy of the lease or sublease if such lease or sublease is recorded, for the premises at which the putrescible solid waste transfer station is proposed to be located. The Permittee shall notify the Commissioner within ten business days if the ownership of the property has changed or any other conveyance of title has taken place. Any new acknowledgements required pursuant to paragraph (5) of this subsection shall be provided simultaneously; (7) A copy of all permits or other authorizations to construct or operate required under local and state laws and regulations, including the New York State Environmental Conservation Law and Title six of the NYCRR or its successor, or currently applicable regulations relating to transfer stations;
(8) A surety bond or an irrevocable letter of credit in a sum to be determined by the Commissioner of Sanitation. This sum shall not exceed the estimated cost to the Department of the removal of all solid waste and material defined in paragraph (2) of the definition of "solid waste" in 16 RCNY § 4-11 from the putrescible solid waste transfer station in the event that such removal becomes necessary and the permittee fails to remove such solid waste and material. A bond shall be executed by the applicant and a surety authorized to conduct business within the State of New York and approved by the Commissioner and, in the case of an irrevocable letter of credit, such letter of credit shall be issued by a financial institution authorized to conduct business within the State of New York. Such bond or letter of credit shall name the Department as obligee. The face amount of the bond or letter of credit shall be based on the size of the transfer station and the volume and nature of the material to be removed. The Commissioner of Sanitation may from time to time review the adequacy of such surety bond or letter of credit and thereafter require an applicant or permittee to obtain an increase in the amount of the bond or irrevocable letter of credit not to exceed the estimated cost of the removal of such solid waste and material. The Commissioner may authorize an applicant to provide other security, including cash, if the Commissioner finds that compliance with the bond or letter of credit requirement is not reasonably possible and the public interest would be served by such authorization. A surety bond issued pursuant to this subparagraph shall not expire until six months have elapsed after the revocation, surrender, expiration or other termination of the permit;
(9) A written plan for the control of noise levels, as specified in 16 RCNY § 4-17;
(10) A written plan for the control of vibrations, to ensure compliance with the applicable performance standards of the Zoning Resolution of the City of New York;
(11) A written plan by a professional engineer for the control of odors. The plan shall list all the odor-neutralizing agents that are used or will be used and the method of application;
(12) The names, addresses, and dates of operation of any solid waste management facility or related businesses, currently or previously owned or operated by the applicant, or any principal of the applicant, such as private carting companies and non-putrescible solid waste transfer stations, whether or not located in New York city;
(13) The applicant shall provide his/her/its business address and phone number. If the applicant is a corporation, the application must
(i) state the names and home and business addresses of the principals of the corporation;
(ii) contain the signature of a corporate officer;
(iii) have the corporate seal impressed thereon; and
(iv) include a copy of the New York State Corporation Filing Receipt. If the applicant is a partnership, the application must
(i) state the names and home and business addresses of all partners;
(ii) include a copy of the partnership papers, certified by the County Clerk. If the applicant is required to file a certificate pursuant to § 130 of the General Business Law, a certified copy of such certificate shall be submitted to the Department. The applicant shall also submit the names and addresses of all persons or entities, other than a financial institution licensed to do business in the State of New York, to which the applicant is indebted in an amount equal to or greater than three thousand dollars ($3,000). The Permittee shall have the continuing duty to inform the Department of Sanitation of any changes in the principals of the business entity owning or operating the putrescible solid waste transfer station. For purposes of this subparagraph, "principal" includes, but is not limited to, any director, officer (for example, president, vice-president, secretary, treasurer, board chairman, chief executive officer) or partner of a business entity, and shall include any shareholder (including another business entity) who owns ten percent or more of any class of issued company stock;
(14) Written confirmation of accessibility to an alternative site holding a permit under this Rule or 24 RCNY Health Code Article 157 and capable of receiving and processing putrescible solid waste as required by subsection (d) of 16 RCNY § 4-17. Such confirmation shall be signed by the operator of the alternative site and shall be updated or reconfirmed as necessary.
(c) Any permit issued to a putrescible solid waste transfer station by the Commissioner of the New York City Department of Health pursuant to 24 RCNY Health Code Article 157 prior to the effective date of this Rule shall remain in full force and effect on and after such date, unless suspended or revoked by the Commissioner of Health prior to such date, and shall, on and after the effective date of this subchapter, be deemed to constitute a permit issued by the Department of Sanitation, provided that the holder of such permit files an application for a new permit with the Sanitation Commissioner within thirty days after the effective date of this subchapter. On and after the effective date of this subchapter, the Sanitation Commissioner may suspend or revoke such permit pursuant to law, issue a new permit or deny the application for a new permit. If the holder of such permit fails to file an application for a new permit with the Sanitation Commissioner within thirty days after the effective date of this subchapter, such permit issued by the Health Commissioner shall be null and void and be of no further effect. The fee for any putrescible solid waste transfer station permit issued by the Sanitation Commissioner pursuant to § 16-130 of the Administrative Code of the City of New York to a person who holds a permit issued by the Health Commissioner pursuant to 24 RCNY Health Code Article 157 shall be reduced by an amount which is equal to the permit fee paid to the Department of Health prorated to the unexpired portion of the license term.
(d) Any initial application for a putrescible solid waste transfer station permit or renewal thereof shall include all documentation required pursuant to this section in one single package, regardless of whether any required documentation has previously been submitted to the Department of Sanitation. This package shall constitute the putrescible solid waste transfer station permit application. If the application is incomplete, the application shall be returned to the applicant and the application shall be deemed withdrawn.