(a) The area provided for the receipt of solid waste at the putrescible solid waste transfer station, pursuant to subparagraph (1) of subsection (b) of 16 RCNY § 4-13, shall conform to the area specified in the initial permit or renewal application. The area for all activities relating to the receipt, tipping, sorting, processing, compaction and storage of solid waste shall be wholly within a fully enclosed structure. In addition, the entire floor area shall be constructed of concrete, asphalt or any impervious material and shall be equipped with adequate drainage structures as required pursuant to subsection (e) of this section. The portion of such floor used for unloading and loading purposes shall be clearly marked.
(b) Ventilation, Dust and Odor Control.
(1) Ventilation shall be provided in such structures in adequate capacity and proper location for ensuring compliance with 24 RCNY Health Code § 135.07 and all applicable laws and rules, including the Zoning Resolution of the City of New York. Exhaust air shall be vented through air filters and/or dust collectors and other equipment necessary to remove particulate matter and malodorous by-products. Gasoline or diesel fuel shall not be used within the enclosed structure to power any equipment unless means are provided to safely vent the exhaust gases. All filters and equipment shall be maintained in proper working order.
(2) Transfer station ventilation equipment shall be capable of maintaining negative air pressure, including during periods when the transfer station doors are open, that is sufficient to prevent the escape of malodorous air from the transfer station. Such ventilation equipment shall be capable of maintaining a minimum of six air changes per hour ("ach"). Transfer station ventilation equipment shall be capable of maintaining greater than six air changes per hour if necessary to maintain negative air pressure.
(3) Odor control equipment shall automatically neutralize odors in exhaust air as it is ventilated from the enclosed building. The odor control equipment shall include a permanent hard-piped high-pressure system, suspended above the facility's tipping floor with rings of mist nozzles strategically aimed at fans and exhaust vents. The odor-neutralizing agent shall be applied as a mist in the vicinity of exhaust points from the building. A scented masking agent is not an odor-neutralizing agent.
(4) Notwithstanding paragraphs (2) and (3) of this subsection, the commissioner may authorize the use of alternative ventilation, dust and odor control equipment upon a showing that such equipment is no less effective than the measures set forth in paragraphs (2) and (3) of this subsection in controlling odors from the transfer station to meet all applicable standards.
(5) Within one hundred eighty days of the effective date of the rule that added this sentence, an automatic water-misting system to suppress dust generation within the transfer station shall be installed and fully operational. At a minimum, such system shall be capable of pumping water through piping to high-pressure mist nozzles that will atomize the water and produce a fine mist that will automatically be dispersed at timed intervals sufficient to suppress dust generation.
(6) Within ninety days of the effective date of the rule that added this sentence, the transfer station shall submit to the Department detailed plans for implementation of the requirements of paragraphs (1) through (5) of this subsection, certified by a licensed architect or professional engineer. Within one hundred eighty days of the effective date of the rule that added this sentence, the transfer station shall have contracted with a company to purchase all necessary equipment and supplies and install the ventilation, dust and odor control equipment. Within one year of the effective date of the rule that added this sentence, the required ventilation, dust and odor control equipment shall be installed and fully operational.
(7) Documentation verifying compliance with paragraphs (1) through (5) of this subsection, including as-built drawings of the ventilation, dust and odor control equipment and the type of the odor-neutralizing agent to be used, and a letter of completion issued by the New York City Department of Buildings, shall be filed with the Department within ninety days of installation completion and as part of the annual transfer station permit renewal application.
(c) Sufficient equipment and personnel shall be provided for receipt, tipping, sorting, processing, compaction and storage of solid waste at the putrescible solid waste transfer station. Sufficient standby equipment shall be provided to ensure that no solid waste storage problem or public nuisance or condition hazardous to public health or safety is created during scheduled or unscheduled equipment maintenance, or equipment breakdown. All transfer station debris storage, processing, handling and tipping areas shall include appropriate fire detection and protection equipment.
(d) Sufficient equipment shall be provided to handle the solid waste in a safe and sanitary manner.
(e) A system for the sanitary disposal of sewage and waste water shall be installed in a putrescible solid waste transfer station in accordance with the provisions of 24 RCNY Health Code Articles 143 and 145 and all applicable laws and rules governing the discharge of waste and waste water, including those enforced by the New York City Department of Environmental Protection and the New York State Department of Environmental Conservation. Drinking water shall be provided in accordance with the provisions of 24 RCNY Health Code Article 141. Putrescible solid waste transfer stations shall also be in compliance with applicable provisions of 24 RCNY Health Code Article 135 (pertaining to commercial premises). All putrescible solid waste transfer stations shall make provisions for cross connection control to ensure that waste water does not mix with the drinking water supply.
(f) Pest control measures shall be specified and shall be adopted in the design of a putrescible solid waste transfer station pursuant to 24 RCNY Health Code Article 151.
(g) All solid waste transferred into and out of the putrescible solid waste transfer station shall be weighed, and measured by volume. Records shall be maintained of such weights and measurements for a period of three years and included in operational records required by subsection (f) of 16 RCNY § 4-17.
(h) Indoor and outdoor areas of the transfer station shall be illuminated in order to provide for the safe operation of the transfer station. Such illumination shall not create a nuisance.
(i) Noise levels generated in the operation of a putrescible solid waste transfer station shall not exceed the standards in 16 RCNY § 4-17. The sound of vehicles entering or leaving the putrescible solid waste transfer station shall be included, except that back-up warning signals required by the United States Occupational Safety and Health Administration shall not be included.
(j) The Commissioner may grant a variance from one or more provisions of this section, other than subsection (a) of this section, if he or she determines, after completion of any applicable environmental review, that granting such variance would not have a significant adverse effect on the environment, provided that granting such variance is not otherwise inconsistent with law.