§ 4-42 Registration for Intermodal Solid Waste Container Facilities.

An application for the registration of an intermodal solid waste container facility shall include:

   (1)   A site plan, including the name of the facility, with block and lot numbers, street address, zoning district, borough, property boundaries, including a metes and bounds description of the property, proof of ownership or other authorization to use the property, location of fences, gates, entrances and exits, parking spaces and area where transport vehicles may wait prior to delivery or removal of intermodal containers; and the location and dimensions of each area where intermodal containers shall be received and stored prior to transfer to a transport vehicle;

   (2)   A copy of all permits or other authorizations to construct or operate required under federal, state or local laws, rules or regulations;

   (3)   A description of proposed intermodal solid waste container facility operations, including descriptions of storage area, transfer operations, site improvements, type of solid waste accepted, type of containers accepted, and period of time intermodal containers would be stored on site;

   (4)   A map describing not less than one square mile of the area surrounding the proposed facility, clearly marking the lawful truck routes where transport vehicles may transport intermodal containers to and from the facility, and connecting roadways permitted to be used by transport vehicles, as certified by a registered architect or licensed professional engineer;

   (5)   The estimated number and type of transport vehicles to be used to deliver intermodal containers into, or to remove intermodal containers from, the facility, including an estimate of the daily, weekly and monthly arrivals and departures;

   (6)   A certification from a title insurance corporation, as such corporation is defined in § 6401 of the Insurance Law, or from a duly authorized agent thereof, establishing the ownership of the property upon which the intermodal solid waste container facility is sited or proposed to be sited;

   (7)   The registrant's business address and telephone number;

   (8)   An estimate of both the average and the maximum number and volume of intermodal containers to be located at the facility at one time; and

   (9)   A signed and notarized affidavit acknowledging the registrant's liability to the City for the removal, if necessary for public health and safety reasons, of intermodal containers from the intermodal solid waste container facility.

   (10)   The annual fee to cover the cost of inspection for a registration issued pursuant to this subchapter shall be seven thousand dollars ($7,000).

§ 4-43 Intermodal Container Specification Requirements.

   (a)   For purposes of this section, "container" shall mean an intermodal container.

   (b)   All transportation of solid waste to and from intermodal solid waste container facilities shall be in containers meeting the specification requirements set forth in subdivision (c) of this section.

   (c)   Each container shall meet the following specification requirements: (1) each container shall be designed, constructed, loaded, secured and maintained so as (i) to prevent the escape of wastes or liquids; and (ii) to prevent the loss or spillage of wastes or liquids in the event of an accident; (2) each container shall be completely enclosed, rigid, and constructed of nonpermeable material, provided that rigid top-loaded intermodal containers containing construction and demolition debris and no putrescible waste may be enclosed with a non-rigid cover acceptable to the Commissioner; and (3) each container shall meet all applicable U.S. Department of Transportation specifications and generally accepted industry standards.

§ 4-44 Operation and Maintenance.

   (a)   For purposes of this section, "facility" shall mean an intermodal solid waste container facility.

   (b)   The facility shall be located at or adjacent to a rail yard, rail spur, industrial track or vessel facility.

   (c)   The handling of intermodal containers shall be conducted in a safe and sanitary manner so as to avoid any nuisance or other condition that could pose a danger to public health or safety.

   (d)   The facility shall handle intermodal containers in a manner consistent with the site plan and operating information submitted with the registration.

   (e)   There shall be sufficient space at the facility for transport vehicles to enter and exit safely.

   (f)   Trucks shall enter and exit the facility via lawful truck routes.

   (g)   All solid waste received at the facility for transport must be in intermodal containers at all times, including during receipt, storage and removal.

   (h)   All intermodal containers must meet the specification requirements set forth in 16 RCNY § 4-43.

   (i)   (1)   The facility, to the extent practicable, shall keep the following records for each intermodal container received and transported out of the facility:

         (i)   description of the solid waste in the intermodal container;

         (ii)   volume of the solid waste contained in the intermodal container;

         (iii)   the name of the solid waste management facility where the solid waste was loaded into the intermodal container; and

         (iv)   the destination of the intermodal container after it leaves the facility.

      (2)   Such records shall be maintained for a period of not less than three years and be readily available for inspection by a representative from the Department of Sanitation.

   (j)   All intermodal containers containing putrescible solid waste shall be removed within seventy-two hours of receipt.

   (k)   All intermodal containers must be removed from the facility by rail or vessel.

   (l)   Equipment used in the handling of intermodal containers shall be contained within the property line, and under no circumstances shall such equipment be stored on city streets.

   (m)   No transport vehicle required to be licensed or permitted pursuant to Title 20 of the Administrative Code of the City of New York shall deliver an intermodal container to a facility unless such transport vehicle is appropriately licensed or permitted.

   (n)   The Commissioner may waive one or more requirements of this section if he or she reasonably determines that such waiver would not be inconsistent with the purposes of this subchapter, and provided that such waiver is not otherwise contrary to law.

§ 4-45 Suspension and Revocation.

The Department of Sanitation specifically reserves the right, to the extent that it is not inconsistent with applicable federal, state or local laws, rules or regulations, to suspend such registration temporarily or to revoke it permanently after adequate notice, when the Commissioner or his/her designee has found that the holder of such registration has violated the terms of this subchapter.

§ 4-46 Severability.

The provisions of this subchapter shall be severable and if any phrase, clause, sentence, paragraph, subdivision 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.