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(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.
Subchapter D: Intermodal Solid Waste Container Facilities
When used in this subchapter:
Commissioner. "Commissioner" shall mean Commissioner of Sanitation or his or her representative.
Construction and demolition debris. "Construction and demolition debris" shall mean non-putrescible solid waste resulting from any excavation, or any construction, demolition, alteration, repair, or renovation of any structure, building or premises.
Equipment. "Equipment" shall mean all implements used in the operation of the intermodal solid waste container facility, including but not limited to motor-driven machinery.
Intermodal container. "Intermodal container" shall mean a container meeting the specification requirements of 16 RCNY § 4-43 that is used for the transport of solid waste to or from an intermodal solid waste container facility.
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.
Non-putrescible solid waste. "Non-putrescible solid waste" shall mean solid waste that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard.
Person. "Person" shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.
Putrescible solid waste. "Putrescible solid waste" shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.
Solid waste. "Solid waste" shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in subdivision (b) of this definition, that are discarded or rejected, including but not limited to, garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in § 16-303 of Title 16 of the Administrative Code of the City of New York.
(a) A material is discarded or rejected if it is:
(1) spent, useless, worthless or in excess to the owners at the time of such discard or rejection;
(2) disposed of;
(3) burned or incinerated, including material burned as a fuel for the purpose of recovering usable energy; or
(4) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(b) The following are not solid waste for the purpose of this section:
(1) domestic sewage;
(2) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this subchapter, 24 RCNY Health Code Article 157, Title 16 of the Administrative Code of the City of New York, or of State regulations promulgated to regulate solid waste management facilities;
(3) industrial wastewater discharges that are actual point source discharges subject to permits under article seventeen of the environmental conservation law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes;
(4) irrigation return flows;
(5) radioactive materials that are source, special nuclear, or by-product material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;
(6) materials subject to in-situ mining techniques that are not removed from the ground as part of the extraction process;
(7) hazardous waste as defined in § 27-0901 of the Environmental Conservation Law, including material containing hazardous waste; and
(8) regulated medical waste as defined in Title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law or in § 16-120.1 of the Administrative Code of the City of New York or any rules promulgated pursuant to such provisions of law.
Transport vehicle. "Transport vehicle" shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver intermodal containers into, or to remove intermodal containers from, an intermodal solid waste container facility.
Vessel. "Vessel" shall mean any barge, ship, boat, or other floating craft used for transportation in or on a waterway.
(a) No person other than the Department of Sanitation may conduct, operate or use any pier or part thereof, or any piece or parcel of land or land under water within the City of New York as an intermodal solid waste container facility, unless, in addition to any other permit or authorization required by law, such person obtains a registration from the Commissioner as required by this subchapter.
(b) Registration of an intermodal solid waste container facility is a ministerial action for purposes of the State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, and the City Environmental Quality Review procedures.
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