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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.
(a) Non-putrescible solid waste transfer stations located in an M1 district may not receive solid waste between 7 p.m. and 6 a.m.
(b) Putrescible solid waste transfer stations located in an M1 district may operate 24 hours per day, but may not receive solid waste between 4 a.m. and noon on Sundays.
(c) The Department may restrict the hours of operation for any transfer station, including further restricting the hours of operation for a transfer station covered by subdivision (a) or (b) of this section, as a condition of such transfer station receiving a permit pursuant to §§ 16-130 and 16-131 of the Administrative Code.
(a) All transfer stations shall submit with each permit application a certified engineering report acceptable to the Department demonstrating that the transfer station complies with the applicable performance standards of the Zoning Resolution and the applicable provisions of the New York City Health Code.
(b) All transfer stations shall submit with each permit application truck transportation plans that specify the routes that truck transport vehicles will use when transporting solid waste or other material out of the facility for final disposal, reuse, or recycling. After reviewing the transportation plans, the Department may require as a permit condition that a transfer station establish a system to require such trucks exiting the transfer station to use specific transport routes.
(c) The Department shall conduct periodic reviews of transfer station capacity, in the context of the City's overall waste disposal needs, with the objective of minimizing the concentration or impacts of transfer stations, particularly in those communities with the largest number of transfer stations.
(a) Unless otherwise precluded by law, the Department may grant a variance from one or more of the specific provisions of 16 RCNY §§ 4-32 and 4-33 in accordance with the provisions of this section. The Department shall be precluded from granting a variance that would authorize the operation of a solid waste transfer station at a site where such use is not authorized by the Zoning Resolution or by a variance granted by the Board of Standards and Appeals. In addition, the Department shall be precluded from granting a variance from the provisions of 16 RCNY § 4-34 and, for the siting of a new transfer station, from granting a variance from the applicable buffer distance requirements from a residential district, hospital, public park or school as set forth in 16 RCNY § 4-32.
(b) An applicant for a variance shall file a written application with the Department on a form prescribed by the Department. Every application for a variance shall identify the specific provision or provisions of this subchapter from which a variance is sought.
(c) The applicant shall promptly forward a copy of the application for a variance to:
(1) the Community Board of the community district in which the transfer station is located or is proposed to be located;
(2) the City Council Member in whose district the transfer station is located or is proposed to be located; and
(3) the Borough President of the borough in which the transfer station is located or is proposed to be located.
(d) Except as otherwise provided in subdivision (a) of this section, the Department may grant a variance to an existing, lawfully operating transfer station from one or more of the specific provisions of 16 RCNY §§ 4-32 and 4-33 only upon a determination that a proposed action requiring a variance will, when taken as a whole, result in an overall environmental benefit. An action requiring a variance may produce an overall environmental benefit if, in conjunction with the variance request, the applicant also proposes and agrees to implement measures that are more protective of the environment and exceed regulatory requirements for existing transfer stations. Such environmentally protective measures could include, but are not limited to, enclosing a non-putrescible or fill material transfer station; obtaining a reduction in the lawful daily permitted throughput capacity at a transfer station located in the same community district of an equal or greater amount; making provisions for queuing all trucks on site; and/or utilizing new technology to reduce air emissions from off-road vehicles or stationary sources used at a transfer station. In assessing the nature of the environmental benefit required for a variance, the Department will take into account unique topographic conditions that may exist in or around the transfer station that limit the potential environmental impacts of the facility.
(e) Except as otherwise provided in subdivision (a) of this section, the Department may grant a variance for a new transfer station only from the applicable buffer distance requirements from another transfer station and only if (1) the new transfer station is located in an M2 and/or M3 district; (2) the new transfer station proposes and agrees to implement measures that are protective of the environment and exceed regulatory requirements for new transfer stations. Such environmentally protective measures could include, but are not limited to, enclosing a non-putrescible or fill material transfer station if not otherwise lawfully required; obtaining a reduction in the lawful daily permitted throughput capacity at a transfer station located in the same community district of an equal or greater amount if not otherwise lawfully required; and/or utilizing new technology to reduce air emissions from off-road vehicles or stationary sources used at a transfer station; and (3) the action for which the variance is required will not result in any significant adverse environmental impact.
(a) Notwithstanding the provisions of 16 RCNY § 4-05, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a construction and demolition debris transfer station, as defined in 16 RCNY § 4-01, that was not lawfully operating on March twenty-first, two thousand three, nor may any construction and demolition debris transfer station be authorized during such period to increase its lawful permitted capacity.
(b) Notwithstanding subdivision (a) of this section, the Department may issue to a construction and demolition debris transfer station that was lawfully operating on March twenty-first, two thousand three a permit to convert some or all of its lawful permitted capacity to putrescible solid waste.
(c) Notwithstanding subdivision (a) of this section, the Department may authorize the operation of a new intermodal solid waste container facility that handles construction and demolition debris, provided that (1) such new facility is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, (2) the construction and demolition debris at such facility is in closed, leak-proof containers at all times, including during receipt, storage and removal, (3) the containers are acceptable to the Department and maintained in a safe, nuisance-free manner, and (4) the containers are removed by rail or vessel.
(d) This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.
(a) Notwithstanding the provisions of 16 RCNY § 4-07, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a fill material transfer station, as defined in 16 RCNY § 4-01, that was not lawfully operating on March twenty-first, two thousand three, nor may any fill material transfer station be authorized during such period to increase its lawful permitted capacity.
(b) This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.
(a) Notwithstanding the provisions of 16 RCNY § 4-14, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a putrescible solid waste transfer station, as defined in 16 RCNY § 4-11, that was not lawfully operating on March twenty-first, two thousand three.
(b) 1) During the period from March twenty-first, two thousand three through October twentieth, two thousand four, the Department may authorize a putrescible solid waste transfer station that is not located in either Brooklyn Community District 1 or Bronx Community District 2 and that was lawfully operating on March twenty-first, two thousand three, to increase its lawful permitted capacity.
(2) Notwithstanding the provisions of 16 RCNY § 4-14, during the period from March twenty-first, two thousand three through October twentieth, two thousand four, the Department shall not authorize the owner/operator of a putrescible solid waste transfer station that is located in either Brooklyn Community District 1 or Bronx Community District 2 to increase its lawful permitted capacity, provided that the Department may authorize the owner/operator of any such transfer station that was lawfully operating on March twenty-first, two thousand three to increase its lawful permitted capacity where such owner/operator reduces or obtains a reduction in the lawful permitted capacity at another putrescible or non-putrescible solid waste transfer station within the same community district by an equal or greater amount.
(c) Notwithstanding subdivisions (a) and (b) of this section, the Department may (1) authorize the operation of a new intermodal solid waste container facility that handles putrescible solid waste, provided that (i) such new facility is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, (ii) the putrescible solid waste at such facility is in closed, leak-proof containers at all times, including during receipt, storage and removal, (iii) the containers are acceptable to the Department and maintained in a safe, nuisance-free manner, and (iv) the containers are removed by rail or vessel; or (2) issue a new permit to a putrescible solid waste transfer station that receives putrescible solid waste, provided that (i) such new transfer station is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, and (ii) the putrescible solid waste received is subsequently transported from the transfer station by rail or vessel.
(d) During the period from March twenty-first, two thousand three through October twentieth, two thousand four, each putrescible solid waste transfer station that is located in either Brooklyn Community District 1 or Bronx Community District 2 that is permitted to operate under subdivision (c)(2) of this section, shall be required to reduce or obtain a reduction in the lawful permitted capacity at another putrescible or non-putrescible solid waste transfer station within the same community district by an equal or greater amount.
(e) This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.
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