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(a) (1) No putrescible solid waste transfer station shall be operated unless it has obtained a permit pursuant to 16 RCNY § 4-14, and is in compliance with the terms thereof, this section, and any other applicable law, rule or regulation.
(2) A putrescible solid waste transfer station shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or condition hazardous to public health or safety.
(3) The putrescible solid waste transfer station shall be operated and maintained in a manner consistent with the site plan submitted to the Department.
(4) The putrescible solid waste transfer station shall be operated and maintained in a manner consistent with the engineer's report submitted to the Department.
(b) The Permittee shall prohibit any transport vehicle required to be licensed or permitted pursuant to Title 20 of the Administrative Code from depositing solid waste at or removing solid waste from the putrescible solid waste transfer station, unless such transport vehicle is appropriately licensed or permitted. Entrance into or exit from a putrescible solid waste transfer station by a transport vehicle shall be permitted only when an attendant is on duty. The loading or unloading of any transport vehicle shall be continuously supervised by an attendant to avoid unauthorized deposit or removal of solid waste and injury to persons in such station.
(c) The Permittee shall regularly schedule and provide maintenance of equipment. Records of such maintenance shall be included in operational records required by subsection (f) of this section.
(d) In the event that the putrescible solid waste transfer station is unable, for any reason, to receive solid waste or process solid waste previously received, an alternative site, designated pursuant to subparagraph (14) of subsection (b) of 16 RCNY § 4-14, shall be used to receive and process such solid waste. The Permittee shall notify the Department immediately of its use of an alternative site.
(e) Putrescible solid waste transfer stations shall be kept free of vectors, including, but not limited to, rodents, insects and other pests and of any condition conducive to vectors. Written confirmation of at least weekly engagement of a certified exterminator shall be available at all times, and shall be included in operational records required by subsection (f) of this section.
(f) (1) The Permittee shall maintain operational records including, but not limited to, all asset liability and capital and proprietary accounts, operating expenses, administrative expenses, tax returns and equipment expenses. Such records shall also include a clear and legible daily log of the quantity of solid waste received and removed, specifying the point of origin and destination of the solid waste transported daily, as well as the quantity and type of material which has been brought to the putrescible solid waste transfer station for separation and/or processing. The daily log shall also include the names and addresses of the owner and/or operator of transport vehicles entering or exiting the transfer station. Such records shall be maintained on the premises and be readily available for inspection by representatives of the Department. An annual report shall be provided to the Department with any application for renewal of any permit required under these Rules. This report shall contain the daily weight and volume of solid waste received, according to type, daily point of origin of the solid waste, daily destination of the solid waste, daily weight and volume and type of material recovered, any changes in operation that have occurred during the previous year, and all other information specified to be included by this subchapter, including that required by subsections (c) and (e) of this section, and paragraph ii of this subsection. The Permittee shall submit to the Department a copy of any annual or quarterly report required to be filed with the New York State Department of Environmental Conservation pursuant to 6 NYCRR Part 360.
(2) A permittee that is authorized by the New York state department of environmental conservation to receive source separated organic waste and that receives such waste in accordance with subdivision d of § 16-306.1 of the Administrative Code and rules promulgated pursuant thereto, and that is not authorized to process organic waste at its own facility, shall deliver such organic waste or have such organic waste delivered directly to an organic waste processing facility, excluding waste that cannot be processed at an organic waste processing facility. Unless the permittee is authorized to process organic waste at its own facility, the permittee shall enter into a written agreement with an organics processing facility, or other transfer facility, at which organic waste will be received. A copy of such written agreement shall be available to the Department for inspection upon request. Operators of putrescible solid waste transfer stations that receive organic waste shall maintain the separation of organic waste before its transfer to another location. A permittee that receives source separated organic waste shall include in the quarterly reports submitted to the Department pursuant to paragraph (i) of this subsection the following information, calculated on a monthly basis by weight or volume: the total amount of organic waste received; the origin of such organic waste; and the destination facility of the organic waste removed, together with the name of the owner of such facility and his or her business contact information. Such quarterly reports shall be submitted on forms prescribed by or acceptable to the Department. The report for the quarter ending on March 31 shall be due on April 30; the report for the quarter ending on June 30 shall be due on July 30; the report for the quarter ending September 30 shall be due on October 30; and the report for the quarter ending December 31 shall be due on January 30.
(g) The presence at a putrescible solid waste transfer station of solid waste containing asbestos or of material defined in paragraph (2) of the definition of "solid waste" set forth in 16 RCNY § 4-11 is prohibited.
(h) All putrescible solid waste received at a putrescible solid waste transfer station, including putrescible solid waste which has been baled or loaded into transport vehicles, shall be removed within forty-eight hours of its receipt. Only non-putrescible solid waste, and putrescible solid waste which has been baled or loaded into a transport vehicle, may be stored off the tipping area of a putrescible solid waste transfer station.
(i) The tipping area of all putrescible solid waste transfer stations shall be free of solid waste for a thirty-minute period each day during its hours of operation and shall have been thoroughly cleaned, swept, washed and deodorized immediately prior to such period. The Permittee may choose such period and such period shall be set forth in the permit as a permit condition.
(j) Odors shall not be emitted so as to violate the performance standards of the Zoning Resolution of the City of New York or the applicable provisions of the Air Pollution Control Code of the Administrative Code of the City of New York or to create a public nuisance. Odor control measures required in subsection (b) of 16 RCNY § 4-16 shall be fully operational and shall effectively neutralize odor.
(k) Solid waste shall be received, processed, compacted and stored only in the areas specifically designated pursuant to subparagraph (1) of subsection (b) of 16 RCNY § 4-13. Solid waste shall not be permitted to spill beyond areas in which it is permitted by this Rule and by the site plan and engineering report submitted to the Department of Environmental Conservation pursuant to 6 NYCRR Part 360. Any solid waste which spills beyond the areas in which it is permitted shall be removed immediately.
(l) Equipment used in the operation of the putrescible solid waste transfer station shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.
(m) All drainage systems, including but not limited to trench drains in the floor drain system, and grit and grease traps, shall be kept clean, unclogged and functioning. In no case shall any leachate or wash water be permitted to accumulate on the floor or flow onto city streets, or public highways as defined in § 134 of the New York State Vehicle and Traffic Law.
(n) Noise levels generated by operation of and at the putrescible solid waste transfer station must be controlled to prevent sound levels beyond the putrescible solid waste transfer station property line from exceeding the following Leq decibel (A) weighted energy equivalent ambient sound levels:
Impacted Zones | Time of Day | |
7 a.m. - 10 p.m. | 10 p.m. - 7 a.m. | |
R1 - R3 | 62 decibels | 52 decibels |
All other residential, commercial, or manufacturing zones | 67 decibels | 57 decibels |
(1) If the existing ambient sound level, excluding any contributions from the putrescible solid waste transfer station, exceeds these limits, the operation of the putrescible solid waste transfer station must not cause the Leq sound level to be increased;
(2) Leq is the equivalent steady-state sound level which contains the same acoustic energy as the time varying sound level during any one-hour period exceeded no more than ten percent of the time;
(3) The (A) weighted sound level shall be measured with the slow metering response characteristic of a sound level meter which complies with standards established by the American National Standards Institute specifications for sound level measurement; and
(4) Mufflers are required on all internal combustion-powered equipment used at the putrescible solid waste transfer station, and sound levels for such equipment must not exceed 80dB(A) at a distance of fifty feet from the operating equipment; provided that the decibel level beyond the property line of the putrescible solid waste transfer station shall not exceed the decibel levels set forth above.
(o) A sign, no smaller than four feet by four feet, shall be posted at all entrances to the putrescible solid waste transfer station and shall conspicuously indicate the putrescible solid waste transfer station's hours of operation, the types of waste it accepts and does not accept, the expiration date of its permits to operate pursuant to § 16-130 of the Administrative Code and 6 NYCRR Part 360, and the Department of Sanitation's complaint telephone number.
(p) Doors allowing vehicles to enter or leave the putrescible solid waste transfer station, including any structure at such station, shall be kept closed except when vehicles are entering or leaving;
(q) The Permittee shall prevent litter or solid waste from accumulating on the streets or other areas abutting the putrescible solid waste transfer station.
(r) The total volume of solid waste, including solid waste that has been processed, at a transfer station shall not exceed the allowable volume as stated in the permit issued pursuant to 16 RCNY § 4-14. The allowable volume at any transfer station shall be calculated by the Department and shall be based on the storage capacity (estimated in total cubic yardage) of the transfer station. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.
(s) The transfer station shall employ effective dust control measures to ensure that dust generation is suppressed at all times.
(t) No solid waste, construction and demolition debris, fill material, dust or other material shall be tracked from the transfer station site onto a city street, or public highway as defined in § 134 of the New York State Vehicle and Traffic Law.
(u) Within one hundred eighty days of the effective date of the rule that added this sentence, a motor vehicle tire cleaning procedure shall be adopted that shall prevent the tracking of solid waste, dust or other material from the transfer station site onto a city street, or public highway as defined in § 134 of the New York State Vehicle and Traffic Law.
(v) No stationary equipment at the transfer station that operates outdoors shall cause or permit the emission of an air contaminant of:
(1) i) A density that appears as dark or darker than number two on the standard smoke chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number two density on the standard smoke chart, or 40% opacity; or
(ii) A density that appears as dark or darker than number one on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, or of an opacity that obscures vision to a degree equal to or greater than smoke of number one density on the standard smoke chart, or 20% opacity, but less than number two on said chart, or 40% opacity, if such an emission continues for longer than two minutes in the aggregate in any sixty minute period.
(2) The density or opacity of an air contaminant emitted from stationary equipment that operates outdoors shall be measured at the point of its emission, except that when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.
(w) No stationary equipment or nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant past the transfer station property boundary.
(x) No nonroad motor vehicle at the transfer station that operates outdoors shall cause or permit the emission of a visible air contaminant while the vehicle is stationary for longer than ten consecutive seconds.
(y) All stationary equipment and nonroad motor vehicles at the transfer station shall be maintained properly and shall be inspected annually. All stationary equipment and nonroad motor vehicles at the transfer station that operate outdoors shall be inspected annually while in operation by an observer certified in the U.S. EPA Method 9 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-4 and trained in the U.S. EPA Method 22 set forth in Title 40 Code of Federal Regulations Part 60, Appendix A-7, to ensure the equipment is operating properly to minimize air contaminant emissions, taking into account the model year and design capabilities of the engine. A written record of the inspection and any subsequent corrective measures performed to minimize air contaminant emissions shall be filed with the Department as part of the annual permit renewal application, and shall be included in the operational records required by subsection (f) of 16 RCNY § 4-17.
(z) The transfer station, its equipment and nonroad motor vehicles shall be subject to inspection at all times during its hours of operation. Interference with Department personnel performing any function or duty is prohibited.
(aa) Any putrescible solid waste transfer station permit issued pursuant to this subchapter shall be conditioned upon compliance with any rules regarding the siting and hours of operation of putrescible solid waste transfer stations set forth in Subchapter C of this chapter.
(bb) The Commissioner may grant a variance from one or more provisions of this section, other than subsections (m), (j) and (s) through (y) 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.
(Amended City Record 12/18/2015, eff. 1/17/2016)
The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subsection or section of this subchapter, or the applicability thereof to any person or circumstance, shall be held invalid, the remainder of this subchapter and the application thereof shall not be affected thereby.
Subchapter C: Siting, Hours of Operation, Engineering Reports and Transportation Plans For Solid Waste Transfer Stations
When used in this subchapter:
Administrative Code. "Administrative Code" shall mean the Administrative Code of the City of New York.
Commissioner. "Commissioner" shall mean the Commissioner of Sanitation or his/her representative.
Department. "Department" shall mean the Department of Sanitation.
Hospital. "Hospital" shall mean a facility or institution engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. This term shall not include a public health center, diagnostic center, treatment center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution.
Intermodal solid waste container facility. "Intermodal solid waste container facility" shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated, and that is required to register with the Department of Sanitation pursuant to §§ 16-130 and 16-131 of the Administrative Code of the City of New York and Subchapter D of 16 RCNY Chapter 4.
Lawfully operating. "Lawfully operating" shall mean operating pursuant to written authorization by the Department of Sanitation, including, but not limited to, a putrescible or non-putrescible solid waste transfer station permit, temporary permit or conditional permit, a consent order, or a compliance agreement.
M1 district. "M1 district" shall mean any manufacturing district designated as M1 in the Zoning Resolution.
M2 district. "M2 district" shall mean any manufacturing district designated as M2 in the Zoning Resolution.
M3 district. "M3 district" shall mean any manufacturing district designated as M3 in the Zoning Resolution.
Non-putrescible solid waste transfer station. "Non-putrescible solid waste transfer station" shall mean any solid waste management facility required to obtain a permit from the Department of Sanitation pursuant to §§ 16-130 and 16-131 of the Administrative Code of the City of New York and Subchapter A of 16 RCNY Chapter 4. Such term shall include construction and demolition debris and fill material transfer stations.
Public park. "Public park" shall mean any publicly-owned park, playground, beach, parkway, or roadway within the jurisdiction and control of the Commissioner of Parks and Recreation of the City of New York, except for Bronx River Parkway lands abutting an active railroad line and Park strips or malls in a street the roadways of which are not within the jurisdiction and control of the Commissioner of Parks and Recreation, or any publicly-owned park or beach within the jurisdiction and control of the federal or New York State government.
Putrescible solid waste transfer station. "Putrescible solid waste transfer station" shall mean any solid waste management facility required to obtain a permit from the Department of Sanitation pursuant to §§ 16-130 and 16-131 of the Administrative Code of the City of New York and Subchapter B of 16 RCNY Chapter 4.
Residential district. "Residential district" shall mean a residence district, as such term is defined in the Zoning Resolution but shall not include land used as a cemetery.
School. "School" shall mean:
(a) an institution providing full-time day instruction and a course of study that meets the requirements of §§ 3204, 3205, and 3210 of the New York State Education Law; or
(b) a nursery school or kindergarten:
(1) whose annual session does not exceed the school session for full-time day schools prescribed in § 3204 of the New York State Education Law; and
(2) which is operated by the Board of Education, any established religious organization as part of an elementary school, or under a permit issued pursuant to 24 RCNY Health Code § 47.05.
Site boundary. "Site boundary" shall mean the property boundaries of a transfer station as identified in the site plan filed with the Department.
Transfer Station. "Transfer Station" shall mean any Putrescible solid waste transfer station or Non-putrescible solid waste transfer station.
Zoning Resolution. "Zoning Resolution" shall mean the Zoning Resolution of the City of New York.
(Amended City Record 3/9/2018, eff. 4/8/2018)
(a) General provisions.
(1) All transfer stations and intermodal solid waste container facilities shall be sited in accordance with the applicable provisions of the Zoning Resolution or as authorized by a variance granted by the New York City Board of Standards and Appeals.
(2) All buffer distance requirements specified in subdivision (b) of this section shall be measured from the boundary of the residential district, the property lines of a hospital, public park, school, or the site boundaries of another solid waste transfer station, to the site boundary of the transfer station, or if the building within which the dumping, loading, processing and storage of solid waste takes place is set back at least one hundred fifty feet from the site boundary, from the building.
(3) In addition to complying with the provisions of this subchapter, every person who owns, operates, maintains or otherwise controls a non-putrescible solid waste transfer station or a putrescible solid waste transfer station shall comply with the provisions in Subchapters A and B of this chapter, as applicable.
(4) In addition to complying with the provisions of paragraph (1) of this subdivision, every person who owns, operates, maintains or otherwise controls an intermodal solid waste container facility shall comply with the provisions of Subchapter D of this chapter, as applicable.
(b) In addition to complying with the siting restrictions contained in paragraph (1) of subdivision (a) of this section, all solid waste transfer stations shall comply with the following siting restrictions:
(1) Any transfer station located in a community district that contains less than four percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) Any new transfer station shall be located at a site that is entirely within an M1, M2 and/or M3 district, provided that such new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.
(ii) Any new transfer station shall be at least 400 feet from a residential district, hospital, public park or school.
(iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(iv) Any new transfer station shall provide space to accommodate truck queuing on site.
(v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.
(vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 400 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(2) Any transfer station located in a community district that contains from four to less than eight percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) Any new transfer station shall be located at a site that is entirely within an M1, M2 and/or M3 district, provided that such new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.
(ii) Any new transfer station shall be at least 500 feet from a residential district, hospital, public park or school.
(iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(iv) Any new transfer station shall provide space to accommodate truck queuing on site.
(v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.
(vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(3) Any transfer station located in a community district that contains from eight to less than twelve percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) No new transfer stations shall be allowed in an M1 district.
(ii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 600 feet from a residential district, hospital, public park or school.
(iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(iv) Any new transfer station shall provide space to accommodate truck queuing on site.
(v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.
(vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(4) Any transfer station located in a community district that contains from twelve to less than sixteen percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) The Department shall not authorize the operation of a new transfer station unless:
(A) the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity and such reduction (offset) is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material); or
(B) the application is for a new putrescible or construction and demolition debris transfer station located at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, and the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(ii) No new transfer stations shall be allowed in an M1 district.
(iii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 600 feet from a residential district, hospital, public park or school.
(iv) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(v) Any new transfer station shall be entirely enclosed.
(vi) Any new transfer station shall provide space to accommodate truck queuing on site.
(vii) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (iii) of this paragraph.
(viii) Any transfer station that is lawfully operating and is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity if the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity, and such reduction is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(ix) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(5) Any transfer station located in a community district that contains sixteen percent or more of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) The Department shall not authorize the operation of a new transfer station unless:
(A) the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity and such reduction (offset) is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material); or
(B) the application is for a new putrescible or construction and demolition debris transfer station located at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, and the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(ii) No new transfer stations shall be allowed in an M1 district.
(iii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 700 feet from a residential district, hospital, public park or school.
(iv) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(v) Any new transfer station shall be entirely enclosed.
(vi) Any new transfer station shall provide space to accommodate truck queuing on site.
(vii) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (iii) of this paragraph.
(viii) Any transfer station that is lawfully operating and is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity if the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity, and such reduction is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(ix) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(c) For purposes of this section, a new transfer station shall mean a transfer station that is not lawfully operating on the effective date of this section.
(d) For purposes of the percentage calculations required by subdivision (b) of this section, the following shall apply:
(1) transfer stations lawfully operating at the same location with one or more written authorizations by the Department to operate a non-putrescible and/or putrescible solid waste transfer station shall be counted as one transfer station;
(2) the Department's marine transfer stations, when operational and handling solid waste for ultimate disposal, shall be included in the number used for the percentage calculations;
(3) the Department shall update the above percentage calculations continuously as new permits are issued; and
(4) such percentage calculations shall be published in the City Record and on the Department's website on or about the first day of January and on or about the first day of July of every calendar year, and shall be in the following format that corresponds with the rules set forth in subdivision (b) of this section:
Percentage of Existing, Lawfully Operating Transfer Stations in NYC | Community Districts | Buffer Distance to Residential Districts, Hospitals, Public Parks and Schools | Buffer Distance Between Transfer Stations (A) | Additional Requirements | Zoning Requirements |
16% or more | 700 feet | 400 feet | (i) Facility enclosed; (ii) Queuing area on site; (iii) Offsets required (B), (C), (D), (E) | M2 and/or M3 districts only | |
From 12 to less than 16% | 600 feet | 400 feet | (i) Facility enclosed; (ii) Queuing area on site; (iii) Offsets required (B), (C), (D), (E) | M2 and/or M3 districts only | |
From 8 to less than 12% | 600 feet | 400 feet | Queuing area on site
(F) | M2 and/or M3 districts only | |
From 4 to less than 8% | 500 feet | 400 feet | Queuing area on site
(F) | M1, M2 and/or M3 allowed
(F) | |
Less than 4% | 400 feet | 400 feet | Queuing area on site
(G) | M1, M2 and/or M3 allowed
(H) |
(A) This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(B) Any new transfer stations operating a truck-to-truck facility must obtain a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity. Such reduction must be of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(C) Any application for a new putrescible or construction and demolition debris transfer stations located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, and where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, must obtain a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(D) Any transfer station that is lawfully operating that is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity only if such owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity. Such reduction must be of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(E) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(F) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(G) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 400 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(H) Any new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.
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