Title 24: Environmental Protection and Utilities

Chapter 1: Air Pollution Control

Subchapter 1: Short Title, Policy, and Definitions

§ 24-101 Short title.

Chapter one of this title of the code of the city of New York shall be known and may be cited as the “New York city air pollution control code.”

§ 24-102 Declaration of policy.

It is hereby declared to be the public policy of the city to preserve, protect and improve the air quality of the city so as to promote health, safety and welfare, prevent injury to human, plant and animal life and property, foster the comfort and convenience of its inhabitants and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to air that is not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the emission into the open air of any harmful or objectionable substance, including but not limited to smoke, soot, fly ash, dust, fumes, gas, vapors, odors or any products of combustion or incomplete combustion resulting from the use of fuel burning equipment or refuse burning equipment is a menace to the health, welfare and comfort of the people of the city and a cause of extensive damage to property. For the purpose of controlling and reducing air pollution, it is hereby declared to be the policy of the city to actively regulate and eliminate such emissions. The necessity for legislation by the enactment of the provisions of this chapter is hereby declared as a matter of legislative determination. This code shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the emergency powers of the board of health of the department of health and mental hygiene or the right of such department to engage in any of its necessary or proper activities.

§ 24-104 Definitions.

When used in the New York city air pollution control code:

“Air” means all the respirable gaseous mixture available for human, animal or plant respiration.

“Air contaminant” means any particulates, aerosol or any gas or any combination thereof in the open air, other than uncombined water.

“Air contaminant detector” means a device or combination of devices that cause audible and/or visible signals in the presence of an air contaminant of a particular concentration, density or opacity.

“Air contaminant recorder” means an apparatus that produces a record of the time, duration, concentration and density or opacity of an air contaminant.

“Air pollution” means the presence in the open air of one or more contaminants in quantities, of characteristics and of a duration that are or may be injurious to human, animal or plant life or to property or that unreasonably interfere with the comfortable enjoyment of life and property.

“Alteration” means any modification or change of the design, capacity, process or arrangement, or any increase in the connected load of equipment or any apparatus that will affect the kind of air contaminant emitted or increase the amount of an air contaminant emitted. Alteration does not include replacement or repair of worn out or defective equipment.

“Anthracite coal” means anthracite coal as classified by the ASTM standard D388-12.

“Apparatus” means any device that prevents, controls, detects, or records the emission of any air contaminant from fuel burning equipment.

“Architectural coating” means coating to be applied to stationary structures and their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Adhesives and coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles are not considered architectural coatings for the purposes of this code.

“Biodiesel” means a fuel, designated B100, that is composed exclusively of mono-alkyl esters of long chain fatty acids derived from feedstock and that meets the specifications of ASTM standard D6751-12.

“Bioheating fuel” means a fuel comprised of biodiesel blended with petroleum heating oil that meets the specifications of ASTM standard D396-12, or other specifications as determined by the commissioner.

“Board” means the environmental control board of the city of New York.

“Boiler” means equipment that is used to heat water for the purpose of generating hot water and/or steam. The hot water and/or steam generated by a boiler may be used for heating, processing, or generating power or for other purposes, including but not limited to, cooking and sanitation.

“British thermal unit” or “Btu” means the amount of energy needed to heat one pound of water by one degree Fahrenheit.

“Capacity rating” means the fuel burning equipment manufacturer’s guaranteed maximum heat input rating in millions of Btu per hour, or the maximum four-hour average actual rate, whichever is higher.

“Certificate of operation” means a document issued by the department authorizing the operation of a specific piece of equipment or apparatus that may emit an air contaminant.

“Chain-driven commercial char broiler” means a commercial char broiler that is a semi-enclosed cooking device with a mechanical chain that automatically moves food through the device.

“Charter” means the New York city charter.

“City” means the city of New York.

“City agency” means a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.

“Clean wood” means wood or wood pellets that have not been painted, stained, or treated with any coating, glue or preservative.

“Cogeneration system” means equipment for the simultaneous production of electricity and heat from a single fuel source, such as natural gas, biomass, waste heat, or oil. Cogeneration system is also known as a combined heat and power system.

“Combustion controller” means an apparatus that automatically and continually maintains the proper fuel to air ratio for the optimum combustion of fuel.

“Combustion shutoff” means an apparatus that is designed to halt automatically a combustion process when proper combustion conditions are not being maintained.

“Commercial char broiler” means a device that consists primarily of a grated grill and a heat source and that is used to cook meat, including beef, lamb, pork, poultry, fish, and seafood, for human consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code.

“Commissioner” means the commissioner of environmental protection.

“Control apparatus” means any device that prevents or controls the emission of an air contaminant.

“Cook stove” means any wood fired or anthracite coal fired appliance used primarily for cooking food for onsite consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code.

“Demolition” means the complete or partial removal, razing, or dismantling of any exterior part of a building or structure.

“Department” means the department of environmental protection.

“Dust” means solid particulates that have been released into the air by natural forces or by manual or mechanical processes.

“Emergency generator” means an internal combustion engine that operates as a mechanical or electrical power source only when the usual source of power is unavailable.

“Emission” means dispersion of an air contaminant into the open air of the city.

“Emission rate potential” means the rate in pounds per hour at which an air contaminant would be emitted to the open air in the absence of air pollution control facilities or other control measures. The emission rate potential for cyclic operations shall be determined by considering both the instantaneous emission potential and the total emission potential over the time period of the cycle.

“Emission source” means a point at which an emission occurs.

“Engine” means a motor designed to convert energy into useful mechanical motion.

“Environmental rating” means a rating as established in part two hundred twelve of title six of the New York codes, rules and regulations.

“Equipment” means any device capable of causing the emission of an air contaminant into the open air, or any stack, conduit, flue, duct, vent or similar device connected or attached to, or serving such device.

“Exhaust” or “ventilation source” means a system that removes or transports an air contaminant to the exterior of a building or other structure.

“Experimental installation” means equipment not previously used or tested in the city, or equipment using fuel not regulated by this code or rules promulgated thereunder.

“Feedstock” means soybean oil, oil from annual covercrops, algal oil, biogenic waste oils, fats or greases, or non-food grade corn oil, provided that the commissioner may modify the definition of feedstock based on the vegetable oils, animal fats or cellulosic biomass listed in table 1 of 40 CFR § 80.1426.

“Fireplace” means a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney.

“Flare” means an open or closed flame gas combustion device used for burning off unwanted gas or flammable gas. A flare may include some or all of the following components: the foundation, flare tip, structure support, burner, ignition, flare controls including air injection or steam injection systems, flame arrestors, knockout pots, piping and header systems.

“Fuel burning equipment” means equipment, other than a motor vehicle, designed to burn oil, natural gas, or renewable fuel.

“Fuel oil grade no. 1” means a fuel oil meeting the definition of fuel oil grade no. 1 as classified by ASTM standard D396-12.

“Fuel oil grade no. 2” means a fuel oil meeting the definition of fuel oil grade no. 2 as classified by ASTM standard D396-12.

“Fuel oil grade no. 4” means a fuel oil meeting the definition of fuel oil grade no. 4 as classified by ASTM standard D396-12.

“Fuel oil grade no. 6” means a fuel oil meeting the definition of fuel oil grade no. 6 as classified by ASTM standard D396-12.

“Generator” means any internal combustion engine that operates as a mechanical or electrical power source.

“Heat input” means the quantity of heat generated by fuel fed into equipment under conditions of complete combustion, measured in British thermal units. Heat input includes sensible heat, calculated above sixty degrees Fahrenheit, available from materials introduced into the combustion zone.

“Horsepower” means a unit of power in the United States Customary System, equal to 745.7 watts or thirty-three thousand foot-pounds per minute.

“Installation” means the placement, assemblage or construction of equipment or apparatus at the premises where the equipment or apparatus will be used, and includes all preparatory work at such premises.

“Kilowatt” means a unit of electrical power equal to one thousand watts.

“Mobile food vending unit” shall have the same meaning as set forth in section 89.03 of the New York city health code.

“Motor vehicle” means equipment that is propelled by an engine in or upon which a person or material may be transported on the ground.

“Odorous air contaminant” means any air contaminant that is released in sufficient concentrations to be detected by the human olfactory sense.

“Open air” means all the air available for human, animal, or plant respiration, but shall not include the air in equipment and private dwellings.

“Open fire” means any outdoor fire or smoke producing process wherein the products of combustion are emitted directly into open air and are not directed thereto through a stack, conduit, flue, duct, vent or similar device.

“Outdoor wood boiler” means a device designed to burn wood that is either located outdoors or is specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans, and is used to heat building space or water by means of gas or liquid heated in the device.

“Owner” means and includes the owner of the premises or lesser estate therein or mortgagee thereof, a lessee or an agent of any of the above persons, a lessee of the equipment or his or her agent, a tenant, operator, or any other person who has regular control of equipment or apparatus.

“Particulate” means any air or gas-borne material, except water, that exists as a liquid or solid. The quantity of particulates present in a stack shall be determined in accordance with emission testing methods as prescribed by the commissioner by rule. As used in this code, particulate matter shall have the same meaning as particulates.

“Peak shaving” means the practice of utilizing on-site generating capacity for use at a facility at the request of the primary electricity supplier, provided that peak shaving shall not include emergency generation when the usual sources of heat, power, and lighting are temporarily unavailable.

“Permissible emission rates” means the maximum rate in pounds per hour (lbs./hr.) at which air contaminants are allowed to be emitted to the open air.

“Person” means individual or partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof.

“Portable” means (i) designed to be and capable of being carried or moved from one location to another, and (ii) not kept at one location for more than twelve consecutive months. Mechanisms indicating that an object is designed to be and capable of being carried or moved from one location to another include, but are not limited to, wheels, skids, carrying handles or platforms.

“Portable equipment” means equipment designed to be transported from place to place for temporary operation and to provide heat or hot water.

“Portable generator” means any internal combustion engine whose uses may include, but are not limited to, the generation of electric power, designed to be and capable of being carried or moved from one location to another.

“Process” means any industrial, commercial, agricultural or other activity, operation, manufacture or treatment in which chemical, biological and/or physical properties of the material or materials are changed, or in which the material(s) is conveyed or stored without changing the material(s) (where such conveyance or storage system is equipped with a vent(s) and is non-mobile), and which emits air contaminants to the outdoor atmosphere. A process does not include an open fire, operation of a combustion installation, or incineration of refuse other than by-products or wastes from processes.

“Professional certification” means certification by a professional engineer or registered architect who is licensed to practice engineering or architecture under section seven thousand two hundred two or seven thousand three hundred two of the education law.

“Professional engineer” means a person licensed and registered to practice the profession of engineering pursuant to the New York state education law.

“Refuse burning equipment” means equipment designed to burn biological materials from hospitals or crematoriums, waste material burned for the purpose of energy generation, or such other material as may be designated by the department by rule.

“Registered architect” is a person licensed and registered to practice the profession of architecture pursuant to the New York state education law.

“Registered design professional” means a professional engineer or registered architect.

“Registration” means a notification to the department of the use or operation of equipment that may result in the emission of an air contaminant.

“Renewable biomass” means crops and crop residue from existing agricultural land, tree residues, animal waste material and byproducts, slash and pre-commercial thinnings from non-federal forest land, biomass cleared from the vicinity of buildings and other areas to reduce the risk of wildfire, algae, and separated yard waste or food waste. Such term shall not include processed materials such as particle board, treated or painted wood and melamine resin-coated panels.

“Renewable fuel” means fuel produced from renewable biomass or captured from landfills or wastewater treatment.

“Residual fuel oil” means a fuel oil meeting the current definition of fuel oil grades No. 5 and 6 as classified by the ASTM standard D396-12.

“Scrubber” means a control apparatus that uses water or other fluids to remove an air contaminant from an exhaust stream.

“Standard smoke chart” means the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field.

“Stationary” means (i) not designed to be or capable of being carried or moved from one location to another, or (ii) kept at one location for more than twelve consecutive months.

“Stationary reciprocating compression ignition internal combustion engine” shall have the same meaning as set forth in 40 CFR § 60.4219.

“This code” means the air pollution control code.

“Ultra low sulfur diesel fuel” means diesel fuel that has a sulfur content of no more than fifteen parts per million.

“Under-fired commercial char broiler” means a commercial char broiler that has a grill, a high temperature radiant surface, and a heat source that is located below the food.

“Water heater” means a boiler used to heat and store water.

“Wood burning heater” means any enclosed, permanently installed, indoor device burning pellets designed to be used primarily for aesthetic purposes.

“Work permit” means a permit issued for the installation or alteration of a device or apparatus.

Subchapter 2: General Provisions

§ 24-105 General powers of the commissioner.

(a) Subject to the provisions of this code, the commissioner may take such action as may be necessary to control the emission of any air contaminant that causes or may cause, by itself or in combination with other air contaminants, detriment to the safety, health, welfare or comfort of the public or to a part thereof, injury to plant and animal life, or damage to property or business. The commissioner may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code. The commissioner may adopt such rules, regulations and procedures as may be necessary to effectuate the purposes of this chapter, including rules, regulations and procedures to establish fees and to authorize and encourage the development and use of environmentally beneficial technologies.
  1. The commissioner shall appoint an advisory committee, which shall include but need not be limited to representatives of the restaurant industry and related industries, representatives of the construction industry, representatives of the environmental protection and environmental justice communities, persons with expertise regarding the health effects of pollutants associated with cooking devices, and may include employees of the department and of other relevant city agencies. The city council may appoint a representative to serve on the committee. The committee shall provide advice and recommendations to the department relating to the development and use of emissions control technologies for commercial char broilers and shall assist the department in the development of rules regarding emissions control technologies. The commissioner shall consult with the committee regarding any proposed amendments of such rules. In the development of such rules the commissioner shall consider factors such as the availability and cost of proposed technologies.

§ 24-106 Investigations and studies by commissioner.

The commissioner may make or cause to be made any investigation or study that in his or her opinion is desirable for the purpose of enforcing this code or controlling or reducing the amount or kind of air contaminants. For such purposes, the commissioner may make tests, conduct hearings, compel the attendance of witnesses, and take their testimony under oath and may compel the production of books, papers and other things reasonably necessary to the matter under consideration.

§ 24-107 Testing by order of commissioner.

(a) If the commissioner has reasonable cause to believe that any equipment or fuel is in violation of this code, the commissioner may order the owner of the equipment or fuel to conduct such tests as are necessary in the opinion of the commissioner to determine whether the equipment, its operation, or the fuel is in violation of this code, or whether material used in any manufacturing process is contributing to any violation of this code and to submit the test results to the commissioner within ten days after the tests are completed.
  1. Such tests shall be conducted in a manner approved by the commissioner. The test shall be certified by a laboratory acceptable to the commissioner. The entire test results shall be reviewed and certified by a professional engineer.
  2. The owner shall notify the commissioner of the time and place of a test at least seven days before the commencement of such test. Reasonable facilities shall be made available for the commissioner to witness the test.
  3. If in the opinion of the commissioner tests by the department are necessary, the commissioner may order the owner to provide (1) sampling holes at such points in the stack, conduit, flue, duct or vent, as the commissioner may reasonably request, to provide a power source suitable to the points of testing, and to provide allied facilities, exclusive of sampling and sensory devices, or (2) test ports for gas burning equipment. These provisions shall be made at the expense of the owner of the equipment. The owner shall be furnished with copies of the analytical results of the samples collected.
  4. If the results of tests conducted pursuant to this section show that the equipment or fuel is in violation of this code, the commissioner shall order the owner to cure the defect within thirty days.

§ 24-108 Inspection and samples.

(a)  The department may inspect at any reasonable time and in a reasonable manner any equipment, apparatus, or fuel that affects or may affect the emission of an air contaminant including but not limited to the premises where the equipment, apparatus, or fuel is used, or where the fuel is stored, purchased, sold, or offered for sale for use in the city of New York.
  1. The department may inspect at any reasonable time and in a reasonable manner any record relating to a use of equipment or apparatus that affects or may affect the emission of an air contaminant, or relating to the use of fuel, or the distribution, storage or transportation of fuel for use in the city of New York.
  2. The department may, at any reasonable time and in a reasonable manner, obtain a sample of an air contaminant or any other substance used in a process that affects or may affect the emission of an air contaminant.
  3. If an authorized employee of the department obtains a sample of an air contaminant or any other substance used in a process that affects or may affect the emission of an air contaminant during the course of an inspection, he or she shall give to the owner of the equipment or fuel, prior to leaving the premises, a receipt for the sample obtained.
  4. No person shall refuse entry or access into a place of business or into the public areas of a multiple dwelling to an authorized employee of the department who presents appropriate credentials nor shall any person refuse entry or access into any other portion of a premises to an authorized employee of the department who presents appropriate credentials and a search warrant.
  5. The owner of every building, other than a one- or two-family dwelling, shall make the area where the heating system is located readily accessible to members of the department pursuant to the requirements of section 27-2033 of the code.

§ 24-109 Registrations.

(a) No person shall cause or permit the following unless he or she has first registered with the department:

   (1) The spraying of any insulating material in or upon any building or other structure during its construction, alteration or repair.

   (2) The demolition of any building or other structure, or part thereof, unless the demolition of the building or structure is being conducted by or on behalf of a city agency pursuant to chapter one of title seventeen of the code or pursuant to an order issued by the department of buildings under article two hundred fifteen of chapter two of title twenty-eight of the code.

   (3) The installation, alteration, use or operation of an individual boiler or water heater that has a heat input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour.

   (4) The installation, alteration, use or operation of any boilers, including water heaters, that are owned by the same person in a single building and would not individually require a registration or certificate of operation, if in the aggregate such boilers have a heat input equal to or greater than three hundred fifty thousand Btu per hour. Such boilers shall be registered together in a single registration.

   (5) The use or operation of fuel burning equipment or portable equipment with a heat input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour, except as otherwise provided in this section.

   (6) The use or operation of any emergency generator that has an output equal to or greater than forty kilowatts.

   (7) The use or operation of any portable generator with an output equal to or greater than forty kilowatts.

   (8) The use or operation of a portable engine with an input equal to or greater than fifty horsepower but less than six hundred horse power, unless such engine is used to power self-propelled construction or landscaping equipment.

   (9) The use or operation of a stationary generator, other than an emergency generator, with an output equal to or greater than forty kilowatts but less than four hundred fifty kilowatts.

   (10) The use or operation of a stationary engine with an input of equal to or greater than fifty horsepower but less than six hundred horsepower.

   (11) The use or operation of an engine with an input equal to or greater than fifty horsepower that is used exclusively at a construction site, unless such engine is used to power self-propelled construction or landscaping equipment.

   (12) The use or operation of equipment with an environmental rating of C that produces a flow rate equal to or greater than one hundred standard cubic feet per minute but less than two thousand standard cubic feet per minute.

   (13) The use or operation of a cogeneration system that has a total input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour.

   (14) The installation, use or operation of any flare.

   (15) The installation, use or operation of any gasoline dispensing station.

   (16) The installation, alteration, use or operation of any commercial char broiler.

   (17) Any other emission source or activity not listed in paragraphs one through sixteen of this subdivision that the commissioner requires by rule to be registered with the department, provided that the commissioner shall not require by rule the registration of an engine used to propel a motor vehicle or any emission source or activity located in a one- or two-family dwelling.

  1. Registration shall not be required for any fuel burning equipment for which a certificate of operation is required pursuant to subchapter four of this code.
  2. Registration shall be filed on forms prescribed by the department.

   (1) An application for the registration of any boiler shall include documentation that the boiler has passed a combustion efficiency test. The commissioner shall specify by rule the requirements for such test.

   (2) (i) An application for the registration of any generator shall include documentation that the generator has passed a smoke test performed in accordance with the procedures set forth in “Method 9 - Visual determination of the opacity of emissions from stationary sources,” Appendix A-4 to 40 CFR part 60, or documentation in the form of certification by a professional engineer or registered architect that a stack test has been performed in accordance with the rules of the department.

      (ii) The department may require that any portable generator being registered for the first time be made available for a smoke test to be conducted by the department before the application for registration will be processed. If the department conducts such smoke test, the documentation required in subparagraph (i) of this paragraph shall not be required.

      (iii) The requirements of this paragraph shall not apply to any newly installed generator that is being registered for the first time and that is equipped with an engine certified to the tier four emissions standards established by the United States environmental protection agency as set forth in table one of 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent, provided that the requirements of this paragraph shall apply to such generator upon renewal of such registration.

  1. Registration shall be filed by the following persons:

   (1) In the case of registration pursuant to paragraph one of subdivision (a) of this section, by the contractor responsible for the spraying of the insulating material.

   (2) In the case of registration pursuant to paragraph two of subdivision (a) of this section, by the contractor responsible for the demolition activity.

   (3) In the case of registration pursuant to any other paragraph of subdivision (a) of this section, by the owner of the equipment or his or her authorized agent.

  1. After a registration has been approved, the department shall return an approved copy to the registrant. The approved copy shall be displayed in accordance with section 24-113 of this subchapter.
  2. Any registrant, except a registrant of equipment described in paragraphs seven or eight of subdivision (a) of this section, shall notify the department within fifteen days of any change in the information submitted in the registration. If the change in information relates to a change in ownership of the equipment then the new owner shall notify the department of the change.
  3. Registrations shall be valid for up to three years from the date of approval, unless cancelled by the department. Registrations shall be renewed in a timely manner prior to expiration. A registration that has been expired for a period of one year or more shall be considered cancelled by the department. Applications for registration renewals shall be submitted on a form prescribed by the department.
  4. The application for a registration of new equipment shall indicate whether the new equipment is replacing existing registered equipment. The existing registration shall be cancelled upon registration of the new equipment.
  5. The registrant shall notify the department when removing registered equipment, and the registration shall be cancelled upon such notification.

§ 24-110 Variances.

(a) The commissioner may grant individual variances whenever it is found, upon presentation of adequate proof, that compliance with any provision of this code, or with any regulation or order of the commissioner in respect to this code, would impose unreasonable hardship. In granting a variance the commissioner may impose such conditions as the policies of this code may require and shall post on the Internet, through a web portal that is linked to nyc.gov or any successor website maintained by or on behalf of the city of New York, no later than seven days after the granting of such variance, the variance and a written opinion, stating the facts and reasons leading to his or her decision.
  1. Any variance granted pursuant to this section shall be granted for such period of time as shall be specified by the commissioner at the time of the grant of such variance and upon the condition that the person who receives such variance shall provide such documentation as the commissioner shall specify. Such variance may be extended by affirmative action of the commissioner, but only if satisfactory progress has been shown.
  2. Any person seeking a variance shall do so by filing a petition for variance in a form acceptable to the commissioner. The commissioner shall promptly give written notice of such petition to any person in the city who has in writing requested notice of variance petitions, and shall publish notice of such petition for a variance on the Internet, through a web portal that is linked to nyc.gov or any successor website maintained by or on behalf of the city of New York. If the commissioner, in his or her discretion, concludes that a hearing would be advisable, or if any person files a written objection to the grant of such variance within twenty-one days from the publication of notice as described in this subdivision, then a public hearing shall be held.
  3. The commissioner may grant individual or group variances beyond the sulfur content restriction prescribed by section 24-169 of this code, whenever it is found, upon presentation of adequate proof, that the supply of fuel oil is insufficient to meet the demands of residents of the city of New York for heat, hot water, and electrical power. Where an applicant can show that it has an insufficient reserve of fuel oil meeting the sulfur content requirements of this code and that it is unable to buy a sufficient amount of such fuel oil to meet its fuel oil demands during the pendency of its variance application, the commissioner may grant a variance for up to forty-five days without complying with the procedural requirements of this section, except for the requirement of subdivision (a) to post a written opinion. During the time in which a temporary variance is running, the commissioner shall review, as soon as practicable, the application for a variance treating it as any other variance application.

§ 24-111 Interfering with or obstructing departmental personnel.

No person shall interfere with or obstruct any department employee in carrying out any official duty.

§ 24-112 False and misleading statements; unlawful reproduction or alteration of documents.

(a) No person shall knowingly make a false or misleading statement or submit a false or misleading document to the department as to any matter within the jurisdiction of the department.
  1. No person shall make, reproduce or alter or cause to be made, reproduced or altered a work permit, certificate of operation or other document issued by the commissioner or required by this code if the purpose of such reproduction or alteration is to evade or violate any provision of this code or any other law.

§ 24-113 Display of work permits, certificates of operation, registrations and other notices.

Any work permit, certificate of operation or registration required by this code shall be prominently displayed in a manner visible to any person inspecting the equipment, and in the case of registration pursuant to section 24-109 of this code, shall be displayed in the vicinity of the premises designated on the registration.

§ 24-114 Enforcement of this code by other than compulsory means.

Nothing in this code shall prevent the commissioner from making efforts to obtain voluntary compliance by way of warning, notice or educational means. However, such non-compulsory methods need not be used before proceeding by way of compulsory enforcement.

§ 24-115 Service of papers.

(a) Service of any written notice, order or decision related to equipment as required by this code shall be made as follows:

   (1) Either by mailing the notice, order or decision directed to the owner of the equipment at the address listed in his or her application, work permit or certificate of operation or at the address where the equipment is located; or

   (2) By leaving the notice, order or decision with the owner of the equipment, or if the owner is not an individual, with a member of the partnership or group concerned or with an officer or managing agent of the corporation.

  1. Service of any written notice, order or decision not related to equipment as required by this code shall be made on a person:

   (1) By mailing the notice, order or decision directed to the person at his or her principal place of business; or

   (2) By leaving the notice, order or decision with the person, or if the person is not an individual, with a member of the partnership or group concerned, or with an officer or managing agent of the corporation.

  1. Service of any written notice required by this code shall be made on the department or the commissioner by mailing the notice to the commissioner.

§ 24-116 Inconsistent provisions.

Insofar as the provisions of this code are inconsistent with the provisions of any other title of the code, or any rule or regulation of any governmental agency of the city of New York, the provisions of this code shall be controlling.

§ 24-116.1 Addition, modification and deletion of referenced standards.

The standards referenced in this code, including standards promulgated by ASTM International, may be added to, deleted or modified by rule of the department.

Subchapter 3: Refuse Burning Equipment; Incinerators and Crematoriums

§ 24-117 Existing refuse burning equipment. [Repealed.]

*§ 24-118 Installation of refuse burning equipment, municipal equipment, incinerators and crematoriums.* ::

No person shall cause or permit the installation of equipment designed to burn solid waste, as such term is defined in section 16-209 of the code, provided that the following equipment shall not be prohibited:

  1. An incinerator operated by any hospital, biological laboratory or other medical facility required to incinerate dressings, biological and obstetrical wastes, contagious and infectious materials, disposable syringes and needles, amputations, and other materials under any state or local laws, or rules or regulations promulgated thereunder; or
  2. Equipment operated by the department in connection with sewage treatment plants for energy generation; or
  3. Equipment operated by or on behalf of the department of sanitation in connection with solid waste disposal or processing for energy generation or other resource recovery or such other purposes as may be permitted by the rules of the department; or
  4. Crematoriums used to reduce human or animal remains to their basic elements using high heat.

§ 24-119 Refuse compacting systems; multiple dwellings after May twentieth, nineteen hundred sixty-eight. [Repealed.]

**Subchapter 4: Work Permits and Certificates of Operation**

§ 24-120 Installation and alteration; work permit required.

No person shall cause or permit the installation or alteration of equipment or apparatus, except as provided in section 24-121 of this code, without first obtaining a work permit from the commissioner, and such other licenses or permits as may be required by other governmental agencies and departments.

§ 24-121 Work permits, exemptions.

(a) A work permit shall not be required for the installation or alteration of the following equipment or apparatus:

   (1) Air conditioning, ventilating, or exhaust systems not designed to remove air contaminants generated by or released from equipment or exhaust systems for controlling steam and heat.

   (2) Air contaminant detector or air contaminant recorder.

   (3) Construction equipment except for generators.

   (4) Deicing storage tanks.

   (5) Dilution ventilating systems for control of welding fumes and gases.

   (6) Equipment with an environmental rating of D.

   (7) Fuel burning equipment that has a Btu input or a gross output of less than four million two hundred thousand Btu per hour and uses a fuel gas, natural gas, gasoline or fuel oil grade No. 1 or 2.

   (8) Installations for the preparation of food for on-site consumption or retail purchase, unless required elsewhere in this code or pursuant to rules issued by the commissioner.

   (9) Internal combustion engines used to power any motor vehicle or any stationary engine that has an output of not more than six hundred horsepower.

   (10) Laboratory equipment used exclusively for chemical or physical analyses of non-radioactive material.

   (11) Refrigeration equipment used for cold storage.

   (12) Steam safety valves.

   (13) Vents used exclusively by tanks used for the storage of fuel oil, biodiesel, liquid soap, liquid detergent, tallow or vegetable oil, waxes, or emulsions.

   (14) Vents used exclusively as part of a sanitary or storm drainage systems.

   (15) Vacuum cleaning systems used exclusively for industrial, commercial or residential housekeeping.

   (16) Ventilating or exhaust systems for storage rooms or cabinets for paint, ink, or solvents.

   (17) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of condensed water for jet or barometric condensers.

   (18) Equipment for which a registration is required pursuant to section 24-109 of the code.

   (19) Anti-icing trucks used by the department of transportation.

   (20) High-efficiency particulate air (HEPA) vacuum.

   (21) Any other equipment or apparatus exempted by the commissioner by rule.

  1. A work permit shall not be required for the installation or alteration of equipment or apparatus in one and two-family dwellings.
  2. Although a work permit is not required for the installation or alteration of the equipment or apparatus listed in subdivisions (a) and (b) of this section, such equipment and apparatus shall otherwise comply with this code.
  3. A work permit shall not be required to begin an alteration of equipment or apparatus if delaying the alteration may endanger life or the supplying of essential services. The department shall be notified in writing of the alteration within twenty-four hours or on the first working day, after the alteration is commenced, and an application for a work permit shall be filed within fourteen days after the day the alteration is commenced.
  4. Nothing in this section shall in any way alter, affect, or change any other requirement or law of any other governmental agency or department.

§ 24-122 Certificates of operation and renewal of certificates of operation; when required.

(a) No person shall cause or permit the use or operation of equipment or apparatus for which a work permit is required without first obtaining a certificate of operation from the commissioner, except the use or operation for the purpose of testing the equipment or apparatus or for the purpose of testing an experimental installation or alteration for a reasonable period of time, as follows:

   (1) Testing of the equipment, apparatus, or experimental installation or alteration is permitted for an initial period of thirty days beginning upon notification to the department of a start date.

   (2) If a person discovers during testing of the equipment, apparatus, or experimental installation or alteration that the equipment requires repairs necessitating interruption of the testing, such person shall notify the department of a new start date within ten days of the discovery and shall have an additional period of time not to exceed thirty days from such new start date to test the equipment, provided that the total combined testing period shall not exceed sixty days.

  1. No person shall cause or permit the use or operation of the following equipment, or cause or permit the keeping of any such equipment so as to be capable of being used or operated, without first obtaining a certificate of operation from the commissioner.

   (1) Fuel burning equipment;

   (2) Equipment used in a process, except as otherwise provided by the commissioner by rule;

   (3) Portable equipment;

   (4) Equipment described in subdivisions one through four of section 24-118 of the code.

  1. No certificate of operation shall be required for equipment for which a registration is required pursuant to section 24-109 of the code.
  2. A certificate of operation for equipment shall be valid for a period of up to three years from the date of issuance, unless sooner revoked or cancelled by the commissioner.
  3. If equipment or apparatus for which a certificate of operation has been issued is dismantled or rendered inoperable, the owner of such equipment or apparatus shall notify the department within twenty days on forms furnished by the department. If the commissioner finds to his or her satisfaction that such equipment or apparatus has been dismantled or rendered inoperable, renewal of the certificate of operation shall not be required for as long as the equipment or apparatus remains dismantled or inoperable.

§ 24-123 General requirements for applications for work permits, certificates of operation, and renewal of certificates of operation.

(a) Application for a work permit, for a certificate of operation or for the renewal of a certificate of operation shall be made by the owner of the equipment or apparatus on forms furnished by the department. If the applicant is a partnership or group other than a corporation, the application shall be signed by one individual who is a member of the group. If the applicant is a corporation, the application shall be signed by an officer of the corporation.
  1. A separate application is required for each unit of equipment or apparatus, unless identical units of equipment or apparatus are to be installed, altered or operated in an identical manner in the same building.
  2. Each application shall be signed by the applicant and by an architect, engineer or any other professional approved by the commissioner by rule. The architect, engineer or other professional shall certify the accuracy of the technical information concerning the equipment or apparatus contained in the application, plans and other papers submitted. In the case of an application for the certificate of operation required by this code, the certifying architect, engineer or other professional shall also certify that he or she inspected the equipment and that the equipment satisfies the provisions of this code. The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for the installation, alteration or use of the equipment or apparatus concerned in accordance with the requirements of this code.
  3. Application for the renewal of a certificate of operation shall be filed no later than forty-five days and no earlier than one hundred twenty days prior to the expiration of the certificate of operation.
  4. Application for a work permit or for a certificate of operation is automatically cancelled if a certificate of workers’ compensation and a certificate of disability insurance is not filed with the department within sixty days after service on the applicant of a notice of failure to file such certificate, exclusive of the day of service.
  5. Information exempt by law from disclosure as confidential commercial information that may be required, ascertained or discovered by the department shall not be disclosed by any department employee, except that the information may be disclosed by the commissioner if the department is subpoenaed for the information or if in the course of a court proceeding or department or administrative hearing, the information is relevant to the proceeding or hearing.

§ 24-124 Information required for applications for permits, sulfur exemption certificates. [Repealed.]

*§ 24-125 Standards for granting work permits.* ::
  1. Except as provided in section 24-126 of this code, no work permit shall be granted unless the applicant certifies to the satisfaction of the commissioner that:

   (1) The equipment is designed and will be installed or altered to operate in accordance with the provisions of this code and with any applicable rules the commissioner may promulgate pursuant to this code;

   (2) The equipment has been certified by a registered design professional to meet the current applicable federal, state and city emission standards;

   (3) Equipment that will have a stack, chimney, or breaching will be provided with:

      (i) Sampling ports of a size, number and location as the commissioner may require, and

      (ii) Safe access to each port, and

      (iii) Such other sampling and testing facilities as the commissioner may require;

   (4) Refuse burning equipment operated by the department contains control apparatus which meets any performance standards that may be prescribed by the commissioner;

   (5) When required by the commissioner, fuel burning equipment that will use residual fuel oil will be installed with an air contaminant detector together with either a combustion shutoff or, when acceptable to the commissioner, an air contaminant recorder, except that no combustion shutoff shall be required on fuel burning equipment used to generate steam for off-premises sale or electricity; and

   (6) All parts of the equipment can be readily cleaned and repaired.

  1. In order to reduce the emission of air contaminants and to insure optimum combustion in fuel burning equipment and refuse burning equipment, such equipment shall be shown to the satisfaction of the commissioner to:

   (1) Be of a proper size to handle the planned load, be located in a proper place and incorporate appropriate apparatus; and

   (2) Burn fuel or other material determined by the commissioner to be appropriate for the specific size and type of equipment.

  1. The commissioner may require that any equipment or apparatus that requires a work permit, or any class or category of such equipment or apparatus, be included on a list of accepted equipment or apparatus maintained by the department. No acceptance for listing of equipment or apparatus shall be granted unless the applicant certifies to the satisfaction of the commissioner that such equipment or apparatus complies with all applicable provisions of this code and such other applicable rules as the commissioner may promulgate pursuant to this code.

§ 24-126 Conditional approval of experimental installations and alterations.

The commissioner may grant a work permit, or an alternative form of approval, for an experimental installation or alteration on conditional approval if it appears likely from all of the information submitted that the installation or alteration when completed may satisfy the standards of section 24-125 of this code. The work permit shall be valid for a period not to exceed three years.

§ 24-127 Expiration of work permits.

(a) In newly constructed buildings, a work permit shall expire if the installation is not completed within one year from the date of issuance of the work permit or if work on the installation under the work permit is suspended for more than ninety days.
  1. In existing buildings, a work permit shall expire if the installation or alteration is not begun within ninety days from the date of issuance of the work permit or if the work of the installation or alteration is suspended for more than thirty days or if the installation or alteration is not completed within six months.
  2. Extensions may be granted for a period of not more than six months per extension, provided that an application for an extension shall be made at least thirty days prior to the expiration of the work permit.
  3. An expired work permit shall be reinstated if it is filed within one year of the expiration date of the work permit. If an application for reinstatement is not filed within one year of the expiration date of the work permit, then a new application shall be filed with the department.

§ 24-128 Standards for granting or renewing certificates of operation.

(a) No initial certificate of operation shall be granted for the use or operation of equipment or apparatus for which a work permit is required unless the applicant first requests an inspection by the department to certify that the equipment or apparatus is installed in accordance with the work permit and operates in accordance with this code. Such inspection shall include testing as set forth in subdivision (a) of section 24-129 of this code.
  1. No certificate of operation shall be granted or renewed for the use or operation of equipment or apparatus unless the applicant shows to the satisfaction of the commissioner that the equipment or apparatus covered by such certificate of operation satisfies the standards established in the code or by rules or regulations promulgated thereunder in effect on the date of the issuance of the original certificate of operation.
  2. An application for a certificate of operation or any renewal or reinstatement thereof may be denied by the commissioner if any board penalty against the owner of equipment or apparatus which is the subject of the application has not been complied with or satisfied.
  3. If an owner fails to make an application to renew a certificate of operation within one hundred eighty days from the date of mailing of notice by the commissioner that such application is required, such owner shall be required to file a new application for a work permit pursuant to sections 24-123 and 24-125 of the code.

§ 24-129 Testing before granting or renewing of certificates of operation.

(a) A certificate of operation shall not be granted or renewed unless the equipment passes such tests as the commissioner may require by rule. The commissioner may require the applicant to conduct such tests. A failing test result shall result in disapproval.
  1. If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sampling and sensory devices, shall be furnished by and at the expense of the owner or lessee or his or her agent as provided by subdivision (d) of section 24-107 of this code.

§ 24-130 Action on applications for work permits and certificates of operation.

(a) The commissioner shall act within a reasonable time not to exceed forty-five days on an application for a work permit or certificate of operation, or for a renewal of a certificate of operation, and shall notify the applicant in writing of his or her approval or disapproval of the application.
  1. If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval.
  2. Within forty-five days after service on the applicant of the notice of disapproval, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner’s objection to the application. The application shall be deemed cancelled if the applicant fails to answer or request an extension of time within forty-five days after the service of the notice of disapproval.
  3. The commissioner shall consider the applicant’s answer to his or her objections, and shall notify the applicant in writing within a reasonable time, not to exceed forty-five days, of his or her approval or denial of the application.
  4. The commissioner may grant a temporary certificate of operation for a period not to exceed sixty days upon receipt of an application for the granting or renewal of a certificate of operation and may, at his or her discretion, renew a temporary certificate of operation for an additional period not to exceed sixty days.

§ 24-131 Conditions of work permits and certificates of operation to be observed.

The holder of a work permit or certificate of operation shall comply with the conditions and terms contained in the work permit or in the certificate of operation.

§ 24-132 Suspension or revocation of work permits and certificates of operation.

(a) The commissioner shall suspend or revoke a work permit or certificate of operation when ordered to do so by the board pursuant to subchapter nine of this code.
  1. Suspension or revocation of a work permit or certificate of operation shall become final five days after service of notice on the holder of the work permit or certificate of operation.

§ 24-133 Denial of permits and certificates; departmental hearing, stay of action. [Repealed.]

*§ 24-134 Surrender of work permits and certificates of operation.* ::

A work permit or certificate of operation that has been cancelled or revoked pursuant to this code shall be surrendered to the commissioner within five business days of receipt of the notice of revocation.

§ 24-135 Transfer of work permits and certificates of operation.

(a) A work permit shall not be transferred, except to the new property owner upon conveyance of the property. If the new owner employs a different registered design professional, that registered design professional shall recertify the application.
  1. A certificate of operation shall not be transferred, except to the new property owner upon conveyance of the property.

Subchapter 5: Asbestos

§ 24-136 Asbestos work.

(a) The purpose of this subchapter is to protect public health and safety and the environment by minimizing the emission of asbestos fibers into the air of the city when buildings or structures that contain asbestos-containing material are renovated, altered, repaired, or demolished.
  1. For purposes of this section, the following terms shall have the following meanings:

   “Asbestos” means any hydrated mineral silicate separable into commercially usable fibers, including but not limited to chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthrophyllite and actinolite.

   “Asbestos investigator” means an individual certified by the commissioner as having satisfactorily demonstrated his or her ability to identify the presence and evaluate the condition of asbestos in a building or structure.

   “Asbestos containing material” shall mean asbestos or any material containing more than one percent asbestos by weight.

   “Asbestos handling certificate” means a certificate issued to a person who has satisfactorily completed an approved asbestos safety and health program.

   “Asbestos project” means any form of work performed in a building or structure or in connection with the replacement or repair of equipment, pipes, or electrical equipment not located in a building or structure, which will disturb more than twenty-five linear feet or more than ten square feet of asbestos containing material or such smaller amounts as the commissioner may establish by rule.

   “Asbestos project notification” means a form filed to notify the department that an asbestos project will be taking place.

   “AHERA” means the asbestos hazard emergency response act of nineteen hundred eighty-six, as amended (15 U.S.C. § 2641, et seq.).

   “Work place safety plan” means documents prepared by a registered design professional and submitted to the department in order to obtain an asbestos abatement permit.

    1. It shall be unlawful for any individual to handle asbestos material in the course of performing work for compensation on an asbestos project unless such individual is a holder of a current, valid asbestos handling certificate.

   (2) It shall be unlawful to employ or otherwise permit any individual to handle asbestos material on an asbestos project when such person is not a holder of a current, valid asbestos handling certificate.

  1. The commissioner shall promulgate rules establishing procedures for the safeguarding of the health and safety of the public, including procedures to be followed by persons who work at or in the vicinity of an asbestos project. The commissioner, in consultation with the fire commissioner and the commissioner of buildings, shall promulgate rules which give further guidance to contractors on how to maintain egress at asbestos projects, as such projects are defined in the rules of the department, in accordance with all applicable laws, codes, rules and regulations.
    1. The commissioner shall promulgate rules establishing criteria for certifying individuals as eligible to receive an asbestos handling certificate. The commissioner may restrict the asbestos handling certificate as to certain supervisory and nonsupervisory functions and responsibilities.

   (2) The commissioner shall promulgate rules establishing criteria for certifying individuals as asbestos investigators.

   (3) Any certificate issued under this subdivision shall be valid for a period of two years unless sooner suspended or revoked and may be renewed for a period of two years upon submission of proof satisfactory to the commissioner that the individual continues to meet the criteria established pursuant to this subdivision.

   (4) The commissioner may suspend or revoke any certificate issued under this subdivision where the holder has violated this section or any rules promulgated thereunder. Determinations made by the environmental control board as to notices of violation issued by the department shall be considered proof of violation for purposes of this section. The certificate holder shall be notified of the suspension or revocation by certified mail sent to the holder’s address on file with the department, and shall be given an opportunity to be heard within fifteen calendar days. The hearing shall be conducted in accordance with the rules of the department. The holder’s certificate shall be suspended from the date of the notice until the hearing is held and the commissioner makes a final determination.

   (5) The commissioner shall charge a fee not to exceed two hundred dollars to process the application to issue or renew an asbestos handling certificate and a fee not to exceed five hundred dollars to process the application of an individual as an asbestos investigator.

   (6) The commissioner may suspend the processing of applications for certification of individuals as asbestos handlers or investigators when the commissioner determines that regulations promulgated pursuant to article thirty of the labor law for the certification of such individuals are essentially equivalent to rules promulgated by the commissioner, and that such certifications are in fact being issued.

   (7) No certificate issued under this subdivision shall be renewed if the holder has failed to pay in full any civil penalty imposed by the board for violations of this section or any rules promulgated thereunder.

    1. The commissioner shall prescribe forms for and the content of asbestos project notifications to be submitted to the department. Such notifications shall require the furnishing of information deemed relevant by the commissioner for evaluating the scope, complexity and duration of the project and the compliance with the provisions of this section, any rules promulgated thereunder, and any applicable federal, state, or local laws, rules or regulations.

   (2) If the work to be performed will cause the generation of waste which is asbestos containing material, the asbestos project notification shall include: (i) the name of the person who will remove the waste and the number of the industrial waste transporter permit issued to such person pursuant to article twenty-seven of the environmental conservation law; and (ii) the site at which such waste will be disposed.

  1. The commissioner may promulgate any rules he or she deems necessary to protect public health and safety and the environment in connection with work not constituting an asbestos project in which asbestos is or is likely to be disturbed.
  2. An order to stop work may be issued by the commissioner, or his or her authorized representative, at any time when it is found that work is being performed in violation of the provisions of this section, or any rules or regulations promulgated thereunder and which poses a threat to human safety. Upon issuance of a stop work order by the commissioner, all work shall immediately stop unless otherwise specified. Such order may be given orally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons performing the work and may require all persons in or about the building or premises to vacate the same forthwith, and also require such work to be done as, in the opinion of the commissioner, may be necessary to remove the danger therefrom. A verbal stop work order shall be followed promptly by a written order and shall include the reason for the issuance of the stop work order. A stop work order issued pursuant to this subdivision may be appealed in accordance with the rules of the department, and the commissioner shall provide notice and an opportunity to be heard within fourteen days of the filing of such appeal. A stop work order shall be lifted (i) if, upon appeal, the commissioner determines that the issuance of such order was not proper, or (ii) when it has been determined that the condition that gave rise to its issuance has been corrected. Notwithstanding any inconsistent provision of this subdivision, if, upon inspection, the condition is determined by the inspector to be immediately curable, work shall be stopped only until the condition is corrected.
  3. The commissioner may grant individual variances for asbestos projects at specific sites, from particular requirements related to asbestos prescribed by this code and rules or orders of the commissioner promulgated thereunder, whenever it is found, upon presentation of adequate proof, that compliance with such requirements would impose unreasonable hardship. In granting a variance the commissioner may impose such conditions as the policies of this code may require.
    1. In addition to submission of the asbestos project notification, the commissioner may by rule require additional notification to the department prior to the start of the asbestos project. No person shall cause or permit any abatement of asbestos containing material without compliance with any such additional notification requirements.

   (2) The commissioner may prescribe by rule the circumstances under which an asbestos project notification may be amended, and the circumstances under which a new project notification shall be submitted to the department. The commissioner may consider the extent of the proposed amendment, including but not limited to change in floor size, quantity of asbestos containing material involved, project phasing, project duration, and replacement of abatement contractor.

  1. The commissioner shall adopt rules specifying the standards for the construction of temporary structures for asbestos abatement activities. In addition to any other requirements, such rules shall provide that materials used in the construction of such structures be non-combustible or flame resistant in compliance with reference standard NFPA 255-06 or NFPA 701-99, as such standards may be modified by local law or by the department of buildings pursuant to applicable rules.
  2. Sharing the results of inspections. The commissioner, in coordination with the commissioner of buildings and the fire commissioner, shall establish a procedure to share information regarding violations issued pursuant to this section, in accordance with the requirements of section 28-103.7.1 of the code.
    1. No asbestos abatement activities shall be performed within a building concurrently with demolition work for the full demolition of such building or concurrently with the removal of one or more stories of such building, except as provided in this subdivision and the rules of the department.

   (2) Prior to the issuance of a full demolition permit by the department of buildings, the owner of the building to be demolished shall submit to the department of buildings (i) certification, in a form to be provided by the rules of the department of environmental protection, that the building is free of asbestos containing material or, (ii) documentation that the commissioner of environmental protection has issued a variance from this requirement pursuant to subdivision (i) of this section and the rules of the department, subject to the additional conditions set forth in paragraph four of this subdivision.

   (3) Prior to the issuance of an alteration permit by the department of buildings to remove one or more stories of a building, the owner of the building shall submit certification to the department of buildings in a form to be provided by the rules of the department of environmental protection (i) that the stories to be removed are free of asbestos containing material and that no abatement activities will be performed anywhere in the building concurrently with the removal work authorized by such permit or (ii) that the commissioner of environmental protection has issued a variance from these requirements pursuant to subdivision (i) of this section and the rules of the department, subject to the additional conditions set forth in paragraph four of this subdivision.

   (4) Prior to granting any variance pursuant to subdivision (i) of this section relating to the full demolition of a building or the removal of one or more stories of a building that would permit the performance of abatement activities concurrent with such demolition or removal work within the same building, the commissioner of environmental protection shall notify and consult with the commissioner of buildings and the fire commissioner regarding the appropriate safeguards for such work. Notwithstanding any inconsistent provision of section 24-138 of this code, where a variance is issued to perform abatement activities and demolition or removal work concurrently within the same building, the asbestos abatement activities may not be performed without an asbestos permit issued pursuant to section 24-138 of this code, regardless of whether such a permit would otherwise be required to perform such activity.

   (5) The commissioner shall post on-line within seven days notice of any variance granted under this subdivision with a statement of the reasons leading to his or her decision.

   (6) This subdivision shall not apply to full demolition or the removal of one or more stories performed as emergency work pursuant to article 215 of chapter 2 of title 28 of the administrative code where the emergency warrants immediate commencement of the work or full demolition with asbestos in place authorized in accordance with 12 NYCRR 56-11.5.

  1. The owner of a building or structure where asbestos abatement activity occurs or where asbestos-containing material is disturbed shall be responsible for the performance of the work by the agent, contractor, employee, or other representative of such owner.

Editor’s note: this section formerly was codified as § 24-146.1 of subchapter 6 of this chapter.

§ 24-137 Enforcement of the labor law.

Pursuant to subdivision two of section nine hundred ten of the labor law, the commissioner shall have all the powers and responsibility of the commissioner of labor in enforcing the provisions of article thirty of the labor law and the rules and regulations adopted thereunder; provided, however, that the civil penalties authorized pursuant to subdivisions one and two of section nine hundred nine of such law shall be imposed by the environmental control board after a hearing in accordance with the rules of the board.

Editor’s note: this section formerly was codified as § 24-146.2 of subchapter 6 of this chapter.

§ 24-138 Asbestos abatement permit.

(a) The commissioner shall establish a permit requirement for asbestos projects affecting the safety of a building. On and after a date to be provided in the rules establishing such a permit requirement, it shall be unlawful to commence or engage in such a project unless the commissioner has issued an abatement permit for such project.
  1. The rules shall be adopted in consultation with the fire commissioner and the commissioner of buildings and shall specify criteria for the issuance of such permits and requirements to enhance safety at the site of such projects. The criteria for the permit requirement shall include, but shall not be limited to, the effect of the project on the maintenance of the means of egress in the building in compliance with applicable provisions of the New York city construction codes, the New York city fire code and other applicable provisions of law, the effect of the project on the fire protection systems of the building and whether the project includes work performed only for the purpose of the asbestos project that may otherwise require a work permit from the department of buildings, such as but not limited to alteration work necessary to expose asbestos material for removal to the extent that such work would otherwise require a work permit pursuant to title 28 of the administrative code.
  2. Application for an asbestos permit shall be made to the department in such form and containing such information as shall be prescribed in the rules of the department. The fee for such permit shall be set forth in the rules of the department. Where the proposed asbestos project would involve construction work that would otherwise require a work permit from the department of buildings, construction documents, as defined in chapter 1 of title 28 of the administrative code, shall be part of the abatement permit application filed with the department of environmental protection, except where the submission of such documents is waived by the department of buildings in accordance with the provisions of section 28-104.7.12 of the administrative code. The commissioner of buildings, his or her duly authorized representative, or an employee of the department of environmental protection designated by the commissioner of buildings who is a qualified registered design professional with experience in building construction and design shall approve or accept such construction documents on behalf of the department of buildings in accordance with all applicable provisions of title 28 of the administrative code and no abatement permit shall be issued without such approval or acceptance.
  3. The commissioner may, on written notice to the permit holder, revoke any abatement permit for failure to comply with the provisions of this section or section 24-136 of this code or the rules adopted pursuant thereto or whenever there has been any false statement or any misrepresentation as to a material fact in the application or other documents submitted to the department upon the basis of which such permit was issued; or whenever an abatement permit has been issued in error and conditions are such that the permit should not have been issued. Such notice shall inform the permit holder of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or 15 calendar days of mailing of the notice, information as to why the permit should not be revoked. The commissioner may immediately suspend any permit without prior notice to the permit holder when the commissioner has determined that an imminent peril to life or property exists. The commissioner shall forthwith notify the permit holder that the permit has been suspended and the reasons therefore, that it is proposed to be revoked, and that the permit holder has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or 15 calendar days of mailing of the notice information as to why the permit should not be revoked.
  4. The permit shall be posted as specified in the rules of the department for the duration of the asbestos project.
  5. All work shall conform to the approved or accepted construction documents, and any approved amendments thereto.
  6. The permittee shall comply with section 24-136 of this code and the rules of the department adopted pursuant to such section and with article 30 of the labor law and rules adopted pursuant to such article. The commissioner may issue a notice or order to stop work in accordance with the procedure set forth in subdivision (h) of section 24-136 of this code at any time when work is being performed in violation of this section or section 24-136 of this code or rules adopted pursuant to such sections and such work poses a threat to human safety.

Editor’s note: this section formerly was codified as § 24-146.3 of subchapter 6 of this chapter.

§ 24-139 Smoking at abatement sites.

(a) Smoking shall not be permitted on any floor of a building where abatement activities, as defined in the rules of the department relating to asbestos control, are taking place.
  1. Tobacco shall not be permitted inside the work place, as such area is defined in the rules of the department relating to asbestos control.
  2. Lighters and matches shall not be permitted in the work place, as such area is defined in the rules of the department relating to asbestos control.

Editor’s note: this section formerly was codified as § 24-150.1 of subchapter 6 of this chapter.

§ 24-140 Spraying of asbestos prohibited.

No person shall cause or permit the spraying of any substance containing asbestos in or upon a building or other structure during its construction, alteration or repair.

Subchapter 6: Emission Standards

§ 24-141 Emission of odorous air contaminants.

No person shall cause or permit the emission of an odorous air contaminant or steam or water vapor, if the air contaminant or steam or water vapor causes or may cause detriment to the health, safety, welfare or comfort of any person, or injury to plant and animal life, or causes or may cause damage to property or business, or if it reacts or is likely to react with any other air contaminant or natural air, or is induced to react by solar energy to produce a solid, liquid or gas or any combination thereof which causes or may cause detriment to the health, safety, welfare or comfort of any person, or injury to plant and animal life, or which causes or may cause damage to property or business.

§ 24-142 Emission of air contaminants; standard smoke chart.

(a) No person shall cause or permit the emission of an air contaminant of:

   (1) A density which appears as dark or darker than number two on the standard smoke chart or of an opacity which obscures vision to a degree equal to or greater than smoke of number two density on the standard smoke chart; or

   (2) A density which appears as dark or darker than number one on the standard smoke chart, but less than number two on said chart, or of such opacity as to obscure vision to a degree equal to or greater than smoke of number one density on the standard smoke chart, but less than number two on said chart, if such an emission continues for longer than two minutes in the aggregate in any sixty minute period.

    1. The density or opacity of an air contaminant shall be measured in accordance with the procedures set forth in “Method 9 - Visual determination of the opacity of emissions from stationary sources,” Appendix A-4 to 40 CFR part 60.

   (2) The density or opacity of an air contaminant shall be measured at the point of its emission provided that:

      (i) 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; or

      (ii) In the case of an air contaminant emitted from a source outside of the city of New York, it shall be measured after the plume crosses the jurisdictional boundary of the city of New York.

§ 24-143 Emission of air contaminant from internal combustion engine; visibility standard.

No person shall cause or permit the emission of a visible air contaminant from the internal combustion engine of:

  1. A motor vehicle while the vehicle is stationary for longer than ten consecutive seconds; or
  2. A motor vehicle after the vehicle has moved continuously for more than ninety yards.
  3. The operator or registered owner of a vehicle in violation of this section shall be responsible for such violation.

§ 24-144 Emission of air contaminant; sulfur compounds; volume standard. [Repealed.]

*§ 24-145 Emission of particulates.* ::
  1. Refuse burning equipment.

   (1) Refuse burning equipment used at a crematorium that is covered by subpart 219-4 of part two-hundred nineteen of title six of the New York codes, rules and regulations, must meet the emission limits for particulates set forth in section 219-4.3 of such title.

   (2) Refuse burning equipment used to burn infectious waste that is covered by subdivision a of section 219-3.3 of title six of the New York codes, rules and regulations must meet the emission limits for particulates set forth in such subdivision.

   (3) Refuse burning equipment used to burn waste material for the purpose of energy generation or that is not otherwise covered under paragraph one or two of this subdivision, and that is covered by subdivision b of section 219-3.3 of title six of the New York codes, rules and regulations must meet the emission limits for particulates set forth in such section.

  1. Equipment used in a process.

   (1) Equipment used in a process that is covered by section 212.3 of title six of the New York codes, rules and regulations must meet the emission limits for particulates set forth in such section.

   (2) Equipment used in a process that is covered by section 212.4 of title six of the New York codes, rules and regulations must meet the emission limits for particulates set forth in such section.

  1. Fuel burning equipment that meets the definition of a new oil-fired boiler, as such term is used in subpart JJJJJJ of 40 CFR part 63, with a heat input capacity of ten million Btu per hour or greater and that does not meet the definition of a seasonal boiler or limited-use boiler, as such terms are used in such subpart, must meet emission limits for particulate matter applicable to such new oil-fired boilers set forth in table one to such subpart.

§ 24-146 Preventing dust from becoming air-borne; spraying of insulating material and demolition regulated.

(a) The purpose of this section is to protect public health and safety and the environment by minimizing the emission of dust into the air of the city.
  1. No person shall cause or permit any material that may generate dust to be transported or stored without taking such precautions as may be ordered by the commissioner or as established by the rules of the department to prevent dust from becoming air-borne.
  2. No person shall cause or permit a building or its appurtenances or a road to be constructed, altered or repaired without taking such precautions as may be ordered by the commissioner or as established by the rules of the department to prevent dust from becoming air-borne.
  3. No person shall cause or permit any use, as defined by section 12-10 of the zoning resolution of the city of New York, to be implemented or maintained without taking reasonable precautions as established by the rules of the department, including, but not limited to, planting or covering, to prevent dust from becoming air-borne.
  4. No person shall cause or permit the spraying of any insulating material, not otherwise prohibited by this code, in or upon any building or other structure during its construction, alteration or repair, unless he or she complies with the rules of the department regarding precautions for the spraying of insulating material.
  5. No person shall cause or permit a building or other structure to be demolished, unless he or she complies with the following precautions:

   (1) Demolition by toppling of walls shall not occur except when approved by the commissioner pursuant to section 24-109 of this code, or when conducted by or on behalf of a city agency pursuant to chapter one of title seventeen of the code or pursuant to an order issued by the department of buildings under article two hundred fifteen of chapter two of title twenty-eight of the code.

   (2) Before the demolition of any section of wall, floor, roof, or other structure, necessary wetting procedures to lay the dust or other precautions to prevent dust from becoming air-borne, as set forth in this section and the rules of the department, shall be employed. All debris shall be thoroughly wetted before loading and while dumping into trucks, other vehicles or containers. In all cases and at all stages of demolition, wetting procedures shall be adequate to lay the dust. Trucks shall be adequately covered or enclosed to prevent dust dispersion while in transit to point of disposal.

   (3) No structural members shall be dropped or thrown from any floor but shall be carefully lowered to ground level.

   (4) Debris shall not be dropped or thrown outside the exterior walls of the building from any floor to any floor below. In buildings twelve stories or greater in height any debris transported outside the exterior walls of the building shall be transported from the upper floors via enclosed, dust-tight chutes or via buckets or other containers. Where chutes or shaftways are used either inside or outside the building, a water soaking spray shall be employed to saturate the debris before it reaches the point of discharge from the chute or shaftway. Where buckets or other containers are used, the debris shall be adequately wetted to preclude dust dispersion when buckets or other containers are dumped.

   (5) (i) In the event particulate matter becomes airborne for a continuous period of fifteen minutes, despite the application of the procedures set forth in this section and the rules of the department, or because freezing temperatures preclude the use of water for laying the demolition dust, the work of demolition shall cease at once until other adequate measures can be taken and procedures shall be evaluated by the commissioner before initiation thereof, provided, however, that if the demolition work is being conducted by or on behalf of a city agency pursuant to chapter one of title seventeen of the code or pursuant to an order issued by the department of buildings under article two hundred fifteen of chapter two of title twenty-eight of the code and freezing temperatures preclude the use of water, then the demolition work may continue as long as necessary to complete the demolition process.

      (ii) An abatement order may be issued by the commissioner, or his or her authorized representative, at any time when it is found that work is being performed in violation of the provisions of this section, or any rules promulgated thereunder, and such work poses a threat to human health and safety. Upon issuance of an abatement order, the activity giving rise to the violation shall immediately stop unless otherwise specified. Such order may be given orally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons performing the work. Except as provided in subparagraph (iii), a verbal order shall be followed promptly by a written order and shall include the reason for the issuance of an abatement order. The order may require all such work to be done as may be necessary, in the opinion of the commissioner, to remove the danger therefrom.

      (iii) An abatement order issued pursuant to subparagraph (ii) of this paragraph may be appealed in accordance with the rules of the department, and the commissioner shall provide notice and an opportunity to be heard within fourteen days of the filing of such appeal. An abatement order shall be lifted if, upon appeal, the commissioner determines that the issuance of such order was not proper, or upon the submission of proof satisfactory to the commissioner that the requirements of such order have been satisfied. In the case of a verbal abatement order, if the commissioner determines that the condition that gave rise to the order has been immediately corrected, such order shall be lifted at once and shall not be followed by a written order.

§ 24-146.1 Asbestos work. [Renumbered.]

(a) No person shall cause or permit the use or operation of fuel burning equipment that is covered by subpart 227-2 of part two hundred twenty-seven of title six of the New York codes, rules and regulations in a manner inconsistent with the requirements regarding emission limits for nitrogen oxides set forth in such subpart.
  1. The commissioner may establish rules regulating nitrogen oxides emissions from boilers not regulated under subpart 227-2 of part two hundred twenty-seven of title six of the New York codes, rules and regulations.

§ 24-148 Architectural coatings; solvents.

No person shall use an architectural coating that is covered by part two hundred five of title six of the New York codes, rules and regulations unless such architectural coating is in compliance with the volatile organic compound limits set forth in section 205.3 of such part.

§ 24-149 Open fires prohibited; exceptions.

No person shall cause or permit the kindling, maintenance or use of any open fire so as to cause the emission of an air contaminant into the open air, except as provided herein:

  1. Where such fires are allowed by any other law, rule or regulation, outdoor residential picnic and barbecue fires in equipment with a total grate area not exceeding ten square feet and designed to utilize charcoal, or equipped with gas burners;
  2. outdoor noncommercial barbecue and picnic fires in equipment provided by and located in city parks where such fires are permitted by the appropriate government agency;
  3. official fires used for the training of fire brigades or similar purposes by persons or corporations requiring such training, but only with the approval of the commissioner and the fire commissioner;
  4. outdoor fires used in conjunction with tar kettles, coke salamanders, asphalt and snow melting equipment and open natural gas fired infrared heaters of capacity less than one hundred fifty thousand BTU/hr;
  5. fires used for special effects for the purpose of television, motion picture, theatrical and for other entertainment productions, but only with the approval of the fire commissioner and the commissioner.

§ 24-149.1 Outdoor wood boilers.

(a) No person shall burn any fuel in an outdoor wood boiler except clean wood, provided that newspaper or other non-glossy, non-colored paper may be used as starter fuel.
  1. No person shall operate an outdoor wood boiler so as to cause an emission that (1) activates a smoke detector on an adjoining property; (2) impairs visibility on a public street or highway; or (3) causes a visible plume that comes into contact with a building on an adjacent property.
  2. No person shall operate an outdoor wood boiler with a thermal output rating of two hundred fifty thousand Btu/h or less, unless such outdoor wood boiler:

   (1) Is in compliance with all applicable certification standards set forth in section 247.8 of title six of the New York codes, rules and regulations;

   (2) Is located at least one hundred feet from the nearest property boundary line; and

   (3) Is equipped with a permanent stack extending at least eighteen feet above ground level.

  1. No person shall operate an outdoor wood boiler with a thermal output rating in excess of two hundred fifty thousand Btu/h.

§ 24-149.2 Fireplaces.

(a) Definitions. As used in this section:

   “Existing fireplace” means a fireplace that has been installed before the effective date of the local law that added this section.

   “New fireplace” means a fireplace that has been installed on or after the effective date of the local law that added this section.

   “Treated firewood” shall have the same meaning as set forth in subdivision thirteen of section 192.5 of title six of the New York codes, rules and regulations.

  1. No person shall operate a fireplace as a primary source of heat, unless the source that normally supplies heat to the building in accordance with applicable state or local law is inoperable due to a fire, explosion, loss of power to the building or natural disaster including, without limitation, earthquakes, floods, winds, or storms, or as otherwise permitted by the rules of the department.
  2. No person shall operate any new fireplace unless it is operated solely on natural gas or on renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, provided that this subdivision shall not apply if an application for approval of construction documents for such fireplace was filed with the department of buildings on or before the effective date of the local law that added this section. Any such fireplace shall be deemed to be an existing fireplace and shall be subject to the provisions of law relating to the operation of an existing fireplace.
  3. No person shall operate any existing fireplace unless it is operated with the use of treated firewood having a moisture content of twenty percent or less by weight, renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, or such other material as may be designated by the rules of the department.
  4. No person shall operate a fireplace unless such fireplace is in compliance with applicable federal emissions standards for particulate matter as set forth in 40 CFR § 60.532.

§ 24-149.3 Wood burning heaters.

(a) No person shall operate any wood burning heater as a primary source of heat, unless the source that normally supplies heat to the building in accordance with applicable state or local law is inoperable due to a fire, explosion, loss of power to the building or natural disaster including, without limitation, earthquakes, floods, winds, or storms, or as otherwise permitted by the rules of the department.
  1. No person shall operate any wood burning heater unless it (i) is operated solely on renewable fuel, as such term is defined in this code or as otherwise defined by the rules of the department for the purposes of implementing this subdivision, and (ii) complies with 40 CFR part 60.

§ 24-149.4 Commercial char broilers.

(a) Definitions. As used in this section:

   “New” means installed on or after the effective date of the local law that added this section.

   “Existing” means installed before the effective date of the local law that added this section.

   “Week” means a period of seven consecutive days starting on Sunday, unless a different start day is specified in the registration filed pursuant to section 24-109 of this code.

  1. No person shall operate any new commercial char broiler or any existing chain-driven commercial char broiler to cook more than eight hundred seventy-five pounds of meat, including but not limited to beef, lamb, pork, poultry, fish, or seafood, per week unless such commercial char broiler is equipped with an emissions control device that meets the requirements of the rules of the department.
  2. On or after January 1, 2018, the commissioner may promulgate rules regulating emissions from: existing chain-driven commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week or existing under-fired commercial char broilers.
  3. On or after January 1, 2020, the commissioner may promulgate rules regulating emissions from new commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week.
  4. The operator of a commercial char broiler shall maintain records regarding the dates of installation, replacement, cleaning, and maintenance of any emissions control device. Such records shall be made available to the department upon request.
  5. The operator of a commercial char broiler that is not equipped with an emissions control device that meets the requirements of the rules of the department shall maintain records showing the amount of meat purchased per month. There shall be a presumption that all meat purchased in a given month was cooked on a commercial char broiler. The records required pursuant to this subdivision shall be maintained for not less than one year and shall be made available to the department upon request.
  6. Notwithstanding any other provision this section, where a facility uses more than one commercial char broiler to cook meat, the amount of meat cooked per week shall be calculated for the purposes of this section based on the total amount of meat cooked on all commercial char broilers at the same facility.

§ 24-149.5 Cook stoves.

(a) Definitions. As used in this section:

   “New” means installed on or after the effective date of the local law that added this section.

   “Existing” means installed before the effective date of the local law that added this section.

  1. No person shall use a new cook stove for the preparation of food intended for on-site consumption or retail purchase without the use of an emission control device for odors, smoke and particulate matter that meets the requirements for such system as established by the rules of the department.
  2. No person shall use an existing cook stove unless such cook stove is in compliance by January 1, 2020, with the requirements for control systems established by the commissioner pursuant to subdivision (b) of this section.

§ 24-149.6 Stationary engines.

(a) Any stationary reciprocating compression ignition internal combustion engine that is required to obtain a certificate of operation pursuant to section 24-122 of this code for the first time on or after January 1, 2018, shall be equipped with an engine certified to the tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 60.4201 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.
  1. On or after January 1, 2025, the certificate of operation for a stationary reciprocating compression ignition internal combustion engine will be renewed only if the owner or operator of such engine can demonstrate in accordance with department rules that the engine meets the tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 60.4201 or any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.
  2. The owner or operator of a stationary reciprocating compression ignition internal combustion engine may apply to the commissioner for additional time to comply with the requirements subdivision (a) or (b) of this section. If the owner or operator can show that the timeframes set forth in subdivision (a) or (b) of this section would constitute an undue hardship, the commissioner may enter into a compliance agreement with the owner or operator. In determining whether the owner or operator has demonstrated undue hardship pursuant to this subdivision, the commissioner may consider whether there is a showing of financial hardship, public necessity, or other emergency condition that would make compliance with the requirements of this section impracticable.
  3. This section shall not apply to any emergency stationary internal combustion engine, as such term is defined in 40 CFR § 60.4219, or to any emergency stationary reciprocating internal combustion engine, as such term is defined in 40 CFR § 63.6675.

§ 24-150 Smoking prohibited. [Repealed.]

*§ 24-150.1 Smoking at abatement sites. [Renumbered.]* ::
  1. No person shall cause or permit the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of the air contaminant which would otherwise violate subchapter six of this code.
  2. No person shall cause or permit the installation or use of any device or use of any means designed to mask the emission of an air contaminant which causes or may cause detriment to the health, safety or welfare of any person.

§ 24-152 Malfunctions, breakdowns, and removal from service; emergency action plan.

(a) If any control apparatus required by this code is or will be inoperative for more than six hours, the commissioner shall be provided with a repair and resumption schedule for his or her approval by the owner of the equipment.
  1. Whenever the emission of an air contaminant, which emission constitutes a violation of any provision of this code, occurs as a result of, malfunction, breakdown or removal from service of equipment or apparatus, the owner of the equipment from which the emission of an air contaminant occurs shall report the emission of the air contaminant and its attendant circumstances to the commissioner not later than thirty minutes from its discovery. The report shall be confirmed in writing, in a form prescribed by the commissioner not later than three days thereafter.
  2. An owner of such equipment shall not continue it in operation during any malfunction, breakdown, or shutdown of the equipment or of the apparatus which serves the equipment, except with the express permission of the commissioner. Such permission shall be given only as may be necessary to protect the public health and safety. This subdivision shall not apply where the emission of air contaminant is of a type or within the limits permitted by this code.
  3. This section shall not apply to refuse compacting equipment and fuel burning equipment that primarily serves residents of a building or structure that is occupied in whole or in part as the residence of one or more persons, or that is occupied for transacting business, for rendering professional services, or for rendering public or civic services.
  4. Whenever the commissioner shall determine that equipment, for which a certificate of operation is required by this code, may emit or be capable of emitting dangerous or odorous air contaminants, either as a result of a malfunction or breakdown of such equipment or as a result of a malfunction or breakdown of the apparatus which serves such equipment, the commissioner may require the owner of such equipment to file with the department an acceptable emergency action plan. The emergency action plan shall detail all activity that will be taken to prevent or control emissions resulting from a malfunction or breakdown.

§ 24-153 Emissions of air contaminant; environmental ratings.

(a) No person shall cause, permit or allow the emission of an air contaminant from any equipment used in a process covered by part two hundred twelve of title six of the New York codes, rules and regulations where such emission exceeds the permissible emission rates specified in the environmental ratings for process emissions sources as set forth in such part.
  1. The provisions of this section shall not be construed to allow or permit any person to emit an air contaminant in quantities which alone or in combination with other sources would contravene any air quality standards.
  2. This section shall be supplemental to all other provisions of this code and in the event of conflict the more stringent section shall control.
  3. The commissioner may require any owner of equipment used in a process to provide pertinent data concerning emissions so as to show compliance with the requirements of this section.

§ 24-154 Mold abatement and remediation work for certain buildings.

  1. As used in this section, the terms “mold abatement,” “mold assessment” and “mold remediation” shall have the meanings ascribed to such terms in section 930 of the labor law; the term “dwelling unit” shall have the meaning ascribed to such term in the housing maintenance code; the terms “floor area” and “zoning lot” shall have the meaning ascribed to such terms in the New York city zoning resolution and:

   Administering agency. The term “administering agency” means the agency or agencies designated by the mayor pursuant to subdivision f to administer and enforce the provisions of this section.

   Covered building. The term “covered building” means a building that (i) contains ten or more dwelling units or (ii) is located on a zoning lot that contains 25,000 or more square feet of non-residential floor area.

   Covered person. The term “covered person” means, with respect to a building, a person who is an owner of such building, a managing agent of such building or an employee of such owner or agent.

   Project. The term “project” means mold remediation, mold assessment or mold abatement, of areas greater than ten square feet, but does not include full demolition of vacant buildings.

   Non-residential floor area. The term “non-residential floor area” means, for a zoning lot, the amount of commercial floor area, office floor area, retail floor area, storage floor area and factory floor area, according to records of the department of finance and department of city planning.

  1. For a covered building:

   1. No covered person for such building may perform mold assessment, abatement or remediation for a project for such building.

   2. Mold assessment, abatement or remediation for a project for such building shall be performed (i) by a person licensed to perform such work pursuant to article 32 of the labor law and (ii) in compliance with the requirements set forth in such article and any other applicable laws or rules.

    1. Except as provided in paragraph 3, no later than two business days before the commencement of mold remediation for a project for a covered building, the person holding a mold remediation license pursuant to article 32 of the labor law who performs such remediation shall provide the administering agency with a notice, in a form and manner established by such agency, containing the following information:

      (a) The name of such person and the number or other designation identifying such person’s license issued under such article;

      (b) The address of such building;

      (c) The name of the person on whose behalf such work was performed;

      (d) The dates that such work is to be performed;

      (e) A copy of the mold remediation work plan prepared in accordance with section 946 of the labor law for such project;

      (f) A certification that such work was performed and such plan was prepared in compliance with article 32 of the labor law; and

      (g) Such other information as such agency may require by rule.

   2. No later than seven days after completion of a post-remediation assessment pursuant to section 947 of the labor law, the person holding a mold assessment license pursuant to article 32 of the labor law who prepares such post-remediation assessment shall provide the administering agency with a notice, in a form and manner established by such agency, containing the following information:

      (a) The name of such person and the number or other designation identifying such person’s license issued under such article;

      (b) The address of such building;

      (c) The name of the person on whose behalf such post-remediation assessment was performed;

      (d) The dates that such post-remediation assessment was performed;

      (e) A copy of such post-remediation assessment;

      (f) A certification that such post-remediation assessment was performed in compliance with article 32 of the labor law; and

      (g) Such other information as such agency may require by rule.

   3. Notwithstanding the requirements of paragraphs 1 and 2, the notices required by such paragraphs for a project may be provided to the administering agency no later than 24 hours after commencement of mold remediation in connection with such project if:

      (a) Such project is subject to an order issued by a court that requires such project to be completed within 30 or fewer days; or

      (b) The condition that such project is intended to correct poses either an immediate risk of harm to any person or damage to property, or both, pursuant to rules established by the administering agency in conjunction with the department of health and mental hygiene, the department of buildings and the department of housing preservation and development.

   4. No later than 24 hours after receiving information provided pursuant to this subdivision, the administering agency shall make such information publicly available online.

  1. Violations.

   1. Civil penalties under this section may be recovered by the administering agency in an action in any court of appropriate jurisdiction or in a proceeding before the office of administrative trials and hearings acting pursuant to section 1049-a of the New York city charter.

   2. If such court or office finds that a person has violated any provision of this section or rule promulgated thereunder, such court or office shall, in addition to any other relief such court or office determines to be appropriate, impose a civil penalty of up to $1,000 for a first violation, up to $5,000 for a second violation and up to $10,000 for a third or subsequent violation.

   3. Notwithstanding paragraph 2, if such court or office finds that an owner of a covered building has violated any provision of this section or rule promulgated thereunder, such court or office shall, in addition to any other relief such court or office determines to be appropriate, impose a civil penalty of (i) for a first violation relating to such building, up to the greater of $1,000 or 20 cents per square foot of gross floor area in such building, (ii) for a second violation, up to the greater of $5,000 or 30 cents per square foot of gross floor area in such building and (iii) for a third or subsequent violation, up to the greater of $10,000 or 40 cents per square foot of gross floor area in such building.

  1. The requirements of this section shall not apply to buildings owned or operated by the New York city housing authority.
  2. The mayor shall, in writing, designate one or more agencies to administer and enforce the provisions of this section and may, from time to time at the mayor’s discretion, change such designation. Within 10 days after such designation or change thereof, a copy of such designation or change thereof shall be published on the city’s website and on the website of each such agency, and shall be electronically submitted to the speaker of the council.

Editor’s note: Former § 24-154 (environmental ratings; applications and appeals) was repealed by L.L. 2015/038, 5/6/2015, eff. 5/6/2016

Subchapter 7: Equipment and Apparatus: Use And maintenance

§ 24-155 Maintenance of equipment and apparatus.

The owner of equipment and apparatus shall maintain such equipment and apparatus in good operating order by regular inspection and cleaning and by promptly making repairs.

§ 24-156 Use of fuel burning equipment without using apparatus prohibited.

(a) Except as provided in subdivision (b) of this section, no person shall cause or permit the use of fuel burning equipment that is fitted with apparatus, other than experimental apparatus, unless the required apparatus is used.
  1. If fuel burning equipment is fitted with apparatus and is designed to use more than one kind of fuel, the equipment shall not be used unless the apparatus appropriate for the particular fuel is used.

§ 24-157 Use of fuel burning equipment using bituminous coal without control apparatus prohibited. [Repealed]

*§ 24-159 Use of less than fully automatic equipment using fuel oil and use of any fuel burning equipment using residual fuel oil; supervision by licensed person.* ::

No person shall cause or permit the use of fuel burning equipment that uses fuel oil and is less than fully automatic, or the use of fuel burning equipment, whether fully automatic or not, that uses residual fuel oil, except under the direct supervision of a person having a certificate of fitness pursuant to section FC 113 of the New York City Fire Code.

§ 24-160 Use of air contaminant recorder; boilers.

No owner of a boiler with a capacity of five hundred million Btu per hour or more shall operate it without the installation and operation of an air contaminant recorder.

§ 24-161 Use of fuel burning equipment using residual fuel oil; operation and supervision by trained person.

(a) No person shall cause or permit the use of fuel burning equipment using residual fuel oil, except under the operation and supervision of a person who has successfully completed a course of instruction in air pollution control approved by the commissioner.
  1. The commissioner may approve courses of instruction maintained by educational institutions, by industry, or by labor organizations.
  2. No person shall employ an operator or supervisor of fuel burning equipment using residual fuel oil or of refuse burning equipment who does not have an enrollment card or certificate issued by the department.

§ 24-162 Operation of refuse burning equipment, other than municipal; time restriction. [Repealed.]

*§ 24-163 Operation of motor vehicle; idling of engine restricted.* ::
  1. No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes, except as provided in subdivision (f) of this section, while parking as defined in section one hundred twenty-nine of the vehicle and traffic law, standing as defined in section one hundred forty-five of the vehicle and traffic law, or stopping as defined in section one hundred forty-seven of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device. When the ambient temperature is in excess of forty degrees Fahrenheit, no person shall cause or permit the engine of a bus as defined in section one hundred four of the vehicle and traffic law to idle while parking, standing, or stopping (as defined above) at any terminal point, whether or not enclosed, along an established route.
  2. The department of transportation shall post signs relating to prohibited idling that shall comply with the standards set forth in the Manual on Uniform Traffic Control Devices and, where practicable, include the maximum penalty that may be imposed for a violation of subdivision a of this section as follows:

   (1) a sign shall be posted at each exit within the city of New York of each bridge and tunnel having only one terminus in the city of New York;

   (2) signs shall be posted at a minimum of five locations in each borough where two or more truck routes, whether local or through routes, intersect;

   (3) a sign shall be posted at each bus layover area (other than school bus layover areas), designated by the commissioner of transportation pursuant to section 4-10(c)(3) of title 34 of the rules of the city of New York;

   (4) a sign shall be posted at each multiple use bus terminal point;

   (5) a sign shall be posted in close proximity to each school bus depot; and,

   (6) signs shall be posted at other appropriate locations throughout the city as jointly determined by the commissioner and the commissioner of transportation, including but not limited to, locations for which the city receives a substantial number of complaints of idling motor vehicles.

  1. For the purpose of this section only the term “school bus depot” shall mean any garage, lot or other facility where buses that transport children to or from schools are parked over night and the term “multiple use bus terminal point” shall mean a location that is both a terminal point of at least one bus route (other than a school bus route) and a bus stop (other than a school bus stop) on one or more other bus routes.
  2. In any proceeding relating to a violation of the restrictions on idling it shall not be a defense that a sign required by this section was absent at the time of the violation.
  3. In addition to the department and the police department, the department of parks and recreation and the department of sanitation shall have the authority to enforce subdivision a of this section and shall have the power to issues summonses, appearance tickets and/or notices of violation for violations of such subdivision.
  4. No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than one minute if such motor vehicle is adjacent, as determined by rule, to any public school under the jurisdiction of the New York city department of education or to any non-public school that provides educational instruction to students in any grade from pre-kindergarten to the twelfth grade level, while parking as defined in section one hundred twenty-nine of the vehicle and traffic law, standing as defined in section one hundred forty-five of the vehicle and traffic law, or stopping as defined in section one hundred forty-seven of the vehicle and traffic law, unless the engine is used to operate a loading, unloading or processing device, and provided that idling of an engine of a school bus may be permitted to the extent necessary: (1) for mechanical work; (2) to maintain an appropriate temperature for passenger comfort; or (3) in emergency evacuations where necessary to operate wheelchair lifts. It shall be an affirmative defense that any such school was not easily identifiable as a school by signage or otherwise at the time a violation of this subdivision occurred.
  5. A report shall be submitted to the city council on an annual basis by: (1) the office of administrative trials and hearings pursuant to section 1049-a of the charter that states the number of notices of violation for engine idling violations filed with such office, including the total amount of penalties imposed for such notices of violations; (2) the department of finance that states the number of summonses issued for engine idling violations pursuant to subdivision (p) of section 4-08 of title 34 of the rules of the city of New York, including the total amount of penalties imposed for such summonses; (3) the department of environmental protection that states the number of 311 idling complaints, disaggregated by borough and including any other information related to such complaints the department deems relevant; and (4) the department of environmental protection that states the number of complaints received by the department of environmental protection pursuant to subdivision (a) of section 24-182 regarding violations of this section, disaggregated by the following: (i) the number of violations issued by the department pursuant to such complaints and (ii) the number of complaints filed pursuant to subdivision (b) of section 24-182 with the office of administrative trials and hearings pursuant to section 1049-a of the charter.

§ 24-163.1 Purchase of cleaner light-duty and medium-duty vehicles.

  1. Definitions. When used in this section or in section 24-163.2 of this chapter:

   “Alternative fuel” means natural gas, liquefied petroleum gas, hydrogen, electricity, and any other fuel which is at least eighty-five percent, singly or in combination, methanol, ethanol, any other alcohol or ether.

   “Alternative fuel motor vehicle” means a motor vehicle that is operated using solely an alternative fuel or is operated using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles.

   “Average fuel economy” means the sum of the fuel economies of all motor vehicles in a defined group divided by the number of motor vehicles in such group.

   “Bi-fuel motor vehicle” means a motor vehicle that is capable of being operated by both an alternative fuel and gasoline or diesel fuel, but may be operated exclusively by any one of such fuels.

   “Equivalent carbon dioxide” means the metric measure used to compare the emissions from various greenhouse gases emitted by motor vehicles based upon their global warming potential according to the California air resources board or the United States environmental protection agency.

   “Fuel economy” means the United States environmental protection agency city mileage published label value for a particular motor vehicle, pursuant to 49 U.S.C. § 32908(b).

   “Gross vehicle weight rating” means the value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.

   “Light-duty vehicle” means any motor vehicle having a gross vehicle weight rating of 8,500 pounds or less.

   “Medium-duty vehicle” means any motor vehicle having a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds.

   “Motor vehicle” means a vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability, provided, however, that this term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff’s office of the department of finance, police department, fire department, department of correction, or office of the chief medical examiner.

   “Purchase” means purchase, lease, borrow, obtain by gift or otherwise acquire.

   “Use-based fuel economy” means the total number of miles driven by all light-duty and medium-duty vehicles in the city fleet during the previous fiscal year divided by the total amount of fuel used by such vehicles during the previous fiscal year.

    1. Except as provided for in paragraphs two and three of this subdivision, beginning July 1, 2006, each light-duty vehicle and medium-duty vehicle that the city purchases shall achieve the highest of the following ratings, with subparagraph one of this paragraph being the highest vehicle rating, applicable to motor vehicles certified to California LEV II standards and available within the applicable model year for a light-duty vehicle or medium-duty vehicle that meets the requirements for the intended use by the city of such vehicle:

      (i) zero emission vehicle (ZEV)

      (ii) advanced technology partial zero emission vehicle (ATPZEV)

      (iii) partial zero emission vehicle (PZEV)

      (iv) super ultra low emission vehicle (SULEV)

      (v) ultra low emission vehicle (ULEV)

      (vi) low emission vehicle (LEV)

   (2) The city shall not be required to purchase a zero emission vehicle or advanced technology partial zero emission vehicle in accordance with paragraph one of this subdivision if the only available vehicle or vehicles that achieve such a rating cost greater than fifty percent more than the lowest bid as determined by the applicable procurement process for a vehicle available in the next highest rating category that meets the requirements for the intended use by the city of such vehicle or if, after consultation with the affected agency, the commissioner determines that the use of such vehicle would be impractical or would unduly hinder the operations of a city agency, or if the commissioner determines that the city lacks the charging and fueling infrastructure to support use of such a vehicle, provided that the next highest rating category that meets the requirements for the intended use by the city of such vehicle shall be selected.

   (3) Notwithstanding the requirements of paragraph one of this subdivision, such requirements need not apply to a maximum of five percent of the light-duty vehicles and medium-duty vehicles purchased within each fiscal year.

   (4) For the fiscal year beginning July 1, 2005, at least eighty percent of the light-duty vehicles the city purchases in such fiscal year shall be alternative fuel motor vehicles.

    1. The city shall not purchase additional bi-fuel motor vehicles.

   (2) Any bi-fuel motor vehicle that is owned or operated by the city shall be powered on the alternative fuel on which it is capable of operating, except that such vehicle may be operated on gasoline or diesel fuel (i) where, as of the date of enactment of this section, such vehicle is no longer mechanically able to operate on such alternative fuel and cannot be repaired, or (ii) solely for the period of time recommended by the vehicle manufacturer.

  1.    (1) Not later than October 1, 2005, the city shall complete an inventory of the fuel economy of all light-duty vehicles purchased by the city during the fiscal year beginning July 1, 2004, and shall calculate the average fuel economy of all such light-duty vehicles.

   (2) The city shall achieve the following minimum percentage increases in the average fuel economy of all light-duty vehicles purchased by the city during the following fiscal years, relative to the average fuel economy of all such vehicles purchased by the city during the fiscal year beginning July 1, 2004, calculated pursuant to paragraph one of this subdivision:

      (i) For the fiscal year beginning July 1, 2006, five percent;

      (ii) For the fiscal year beginning July 1, 2007, eight percent;

      (iii) For the fiscal year beginning July 1, 2008, ten percent;

      (iv) For the fiscal year beginning July 1, 2009, twelve percent;

      (v) For the fiscal years beginning July 1, 2010 and July 1, 2011, fifteen percent;

      (vi) For the fiscal years beginning July 1, 2012, July 1, 2013 and July 1, 2014, eighteen percent;

      (vii) For the fiscal year beginning July 1, 2015, twenty percent;

      (viii) For the fiscal year beginning July 1, 2016, twenty percent;

      (ix) For the fiscal year beginning July 1, 2017, twenty-five percent;

      (x) For the fiscal year beginning July 1, 2018, twenty-five percent;

      (xi) For the fiscal year beginning July 1, 2019, thirty-percent;

      (xii) For the fiscal year beginning July 1, 2020, thirty-percent;

      (xiii) For the fiscal year beginning July 1, 2021, thirty-five percent; and

      (xiv) For the fiscal year beginning July 1, 2022, and for each fiscal year thereafter, forty percent.

    1. Not later than January 1, 2007, and not later than January 1 of each year thereafter, the mayor shall submit to the comptroller and the speaker of the council a report regarding the city’s purchase of light-duty vehicles and medium-duty vehicles during the immediately preceding fiscal year. The information contained in this report shall also be included in the preliminary mayor’s management report and the mayor’s management report for the relevant fiscal year and shall include, but not be limited to, for each city agency: (i) the total number of light-duty vehicles and medium-duty vehicles and all other motor vehicles, respectively, purchased by such agency; (ii) the total number of light-duty vehicles and medium-duty vehicles, respectively, purchased by such agency that are certified to California LEV II standards in each of the six rating categories listed in subdivision b of this section, disaggregated according to vehicle model; (iii) the reason as to why each vehicle model was purchased, rather than a vehicle model rated in a higher category listed in subdivision b of this section; (iv) if an available zero emission vehicle or advanced technology partial zero emission vehicle is not purchased, in accordance with paragraph two of subdivision b of this section, specific information regarding the cost analysis or other basis for such decision; (v) the percentage of light-duty vehicles and medium-duty vehicles purchased within each fiscal year in accordance with paragraphs one and two of subdivision b of this section; and (vi) for the report required not later than January 1, 2007, the percentage of light-duty vehicles purchased by the city during the fiscal year beginning July 1, 2005 that were alternative fuel motor vehicles.

   (2) Not later than January 1, 2007, and not later than January 1 of each year thereafter, the mayor shall submit to the comptroller and the speaker of the council a report regarding the fuel economy of light-duty vehicles purchased by the city during the immediately preceding fiscal year. The information contained in this report shall also be included in the preliminary mayor’s management report and the mayor’s management report for the relevant fiscal year and shall include, but not be limited to: (i) the average fuel economy of all light-duty vehicles purchased by the city during the preceding fiscal year; and (ii) the percentage increase in the average fuel economy of all such light-duty vehicles, relative to the average fuel economy of all light-duty vehicles purchased by the city during the fiscal year beginning July 1, 2004, calculated pursuant to paragraph one of subdivision d of this section, that this total amount represents.

   (3) Not later than January 1, 2016, and not later than January 1 of each year thereafter, the mayor shall submit to the comptroller and the speaker of the council a report regarding the use-based fuel economy for the immediately preceding fiscal year. The information contained in such report shall also be included in the preliminary mayor’s management report and the mayor’s management report for the relevant fiscal year.

    1. Beginning July 1, 2006, for each fiscal year, the city shall measure the amount of fuel consumed by the city’s fleet of motor vehicles and the equivalent carbon dioxide emitted by such vehicles, for each type of fuel consumed by such vehicles.

   (2) For the fiscal year beginning July 1, 2006, and for each fiscal year thereafter, the department shall publish on its website by October 1 following the close of each fiscal year and the mayor shall include in the preliminary mayor’s management report and the mayor’s management report for the relevant fiscal year the estimated total amount of fuel consumed by the city’s fleet of motor vehicles and the estimated total amount of equivalent carbon dioxide emitted by such vehicles, disaggregated according to fuel type. For the purposes of this subdivision, the city’s fleet of motor vehicles shall include vehicles specially equipped for emergency response by the department, office of emergency management, sheriff’s office of the department of finance, police department, fire department, or office of the chief medical examiner.

  1. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the purchasing requirements of this section;

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter; or

   (3) except for subdivision f of this section, to diesel fuel-powered motor vehicles subject to paragraph two of subdivision b of section 24-163.4 of this chapter.

  1. To the extent not prohibited by law, alternative fuel motor vehicles may be purchased by the city in concert with any public or private entity.

§ 24-163.2 Alternative fuel buses and sanitation vehicles.

  1. Definitions. When used in this section:

   “Alternative fuel bus” means a bus that is operated using solely an alternative fuel or is operated using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles.

   “Alternative fuel sanitation vehicle” means a sanitation vehicle that is operated using solely an alternative fuel or is operated using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles.

   “Alternative fuel street sweeping vehicle” means a vehicle used by the department of sanitation for street cleaning purposes that is operated using solely an alternative fuel or is operated using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles.

   “Bus” means a motor vehicle that is designed to transport more than twenty individuals.

   “Recyclable materials” means solid waste that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to types of metal, glass, paper, plastic, food waste, tires and yard waste.

   “Sanitation vehicle” means a vehicle used by the department of sanitation for street cleaning purposes or for the collection of solid waste or recyclable materials.

   “Solid waste” means all materials or substances discarded or rejected as being spent, useless, or worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous forms.

  1. For the fiscal year commencing July 1, 2005, and for each fiscal year thereafter, at least twenty percent of the buses the city purchases in such fiscal year shall be alternative fuel buses.
    1. Beginning no later than March 1, 2006, the commissioner of sanitation shall implement a program for testing the mechanical reliability and operational feasibility of alternative fuel street sweeping vehicles. Such program shall include a pilot project regarding the exclusive utilization of alternative fuel street sweeping vehicles in at least four sanitation districts, to be identified at the discretion of the commissioner of sanitation. At least one such district shall be located in an area where high rates of asthma are found and the commissioner shall consider asthma rates in his or her determination of where such other districts will be located.

   (2) The department of sanitation shall collect and analyze data to further develop its initiatives for and assess the feasibility of incorporating new alternative fuel sanitation vehicles and technology into its fleet.

    1. Not later than January 1, 2007, and not later than January 1 of each year thereafter, the mayor shall submit to the comptroller and the speaker of the council a report regarding the city’s purchase of alternative fuel buses during the immediately preceding fiscal year. This report shall be included in the mayor’s preliminary management report and the mayor’s management report for the relevant fiscal year and shall include, but not be limited to: (i) the total number of buses purchased by the city in the preceding fiscal year; and (ii) the number of such buses that are alternative fuel buses, disaggregated according to agency, bus model and type of alternative fuel used.

   (2) Not later than January 1, 2007, and not later than January 1 of each year thereafter, the commissioner of sanitation shall report to the mayor, the comptroller and the speaker of the council on the department of sanitation’s alternative fuel street sweeping vehicle pilot project and all testing, analyses and assessments completed pursuant to subdivision c of this section. Such report shall include, but not be limited to: (i) a description of all testing, analyses and assessments, respectively, completed pursuant to that subdivision and all conclusions based upon such testing, analyses and assessments, including specific information regarding efforts made by the department of sanitation to further develop initiatives for the incorporation of alternative fuel sanitation vehicles into its fleet, in addition to specific information regarding the feasibility of incorporating such vehicles into such fleet; (ii) the number of alternative fuel street sweeping vehicles included in the pilot project required pursuant to paragraph one of that subdivision, the districts where such vehicles are located and the type of alternative fuel used by such vehicles; and, (iii) the total number of alternative fuel sanitation vehicles owned or operated by the department of sanitation, disaggregated according to vehicle model and type of alternative fuel used.

  1. Purchases of alternative fuel buses that exceed the minimum mandatory purchase requirements of subdivision b of this section for a particular fiscal year may be used to satisfy such applicable requirements for the immediately succeeding fiscal year.
  2. To the extent not prohibited by law, alternative fuel buses and alternative fuel sanitation vehicles may be purchased by the city in concert with any public or private entity.
  3. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the purchasing requirements of this section;

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter; or

   (3) to the purchase of buses for use by any city agency where the commissioner of such agency has made a written determination that there are no alternative fuel buses available that meet the needs of such agency with respect to bus size, passenger capacity or other special requirement, and has within ten business days thereafter submitted the determination to the speaker of the council accompanied by the detailed analysis that formed the basis for such determination; provided, however, that the purchase of buses for use by the agency shall become subject to the provisions of this section immediately after a determination by the commissioner, after consultation with the department of citywide administrative services, that an alternative fuel bus that meets such needs has become available; and provided, further, however, that the city shall not be required to purchase an alternative fuel bus for use by the agency if the only available alternative fuel bus that meets the needs of such agency with respect to bus size, passenger capacity or other special requirement costs more than fifty percent more than other buses that meet such needs of such agency.

  1. The commissioner may by rule require periodic testing of alternative fuel buses and the submission of information concerning the operation and maintenance of such buses purchased or newly operated in the city to ensure compliance with this section and to collect information for reports required by this section.
  2. The commissioner may order a city agency that owns or operates a bus to which this section applies to conduct such tests, or the department may conduct such tests, as are necessary in the opinion of the commissioner to determine whether such bus is in compliance with this section.
  3. The department may inspect at a reasonable time and in a reasonable manner any equipment, apparatus, fuel, matter or thing that affects or may affect the proper maintenance or operation of an alternative fuel bus to which this section applies.

§ 24-163.3 Use of ultra low sulfur diesel fuel and best available technology in nonroad vehicles.

  1. For purposes of this section only, the following terms shall have the following meanings:

   “Contractor” means any person or entity that enters into a public works contract with a city agency, or any person or entity that enters into an agreement with such person or entity, to perform work or provide labor or services related to such public works contract.

   “Motor vehicle” means any self-propelled vehicle designed for transporting persons or property on a street or highway.

   “Nonroad engine” means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under 42 U.S.C. § 7411 or 42 U.S.C. § 7521, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in any construction program or project.

   “Nonroad vehicle” means a vehicle that is powered by a nonroad engine, fifty horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, excavators, backhoes, cranes, compressors, generators, bulldozers and similar equipment, except that this term shall not apply to horticultural maintenance vehicles used for landscaping purposes that are powered by a nonroad engine of sixty-five horsepower or less and that are not used in any construction program or project.

   “Public works contract” means a contract with a city agency for a construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge; a contract with a city agency for the preparation for any construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge; or a contract with a city agency for any final work involved in the completion of any construction program or project involving the construction, demolition, restoration, rehabilitation, repair, renovation, or abatement of any building, structure, tunnel, excavation, roadway, park or bridge.

    1. Any diesel-powered nonroad vehicle that is owned by, operated by or on behalf of, or leased by a city agency shall be powered by ultra low sulfur diesel fuel.

   (2) Any diesel-powered nonroad vehicle that is owned by, operated by or on behalf of, or leased by a city agency shall utilize the best available technology for reducing the emission of pollutants, or shall be equipped with an engine certified to the applicable tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.

    1. Any solicitation for a public works contract and any contract entered into as a result of such solicitation shall include a specification that all contractors in the performance of such contract shall use ultra low sulfur diesel fuel in diesel-powered nonroad vehicles and all contractors in the performance of such contract shall comply with such specification.

   (2) Any solicitation for a public works contract and any contract entered into as a result of such solicitation shall include a specification that all contractors in the performance of such contract shall utilize the best available technology for reducing the emission of pollutants for diesel-powered nonroad vehicles, or shall utilize diesel-powered nonroad vehicles that are equipped with engines certified to the applicable tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engines that is at least as stringent. All contractors in the performance of such contract shall comply with such specification.

      1. The commissioner shall make determinations, and shall publish a list containing such determinations, as to the best available technology for reducing the emission of pollutants to be used for each type of diesel-powered nonroad vehicle to which this section applies for the purposes of paragraph two of subdivision b and paragraph two of subdivision c of this section. Each such determination, which shall be updated on a regular basis, but in no event less than once every six months, shall be primarily based upon the reduction in emissions of particulate matter and secondarily based upon the reduction in emissions of nitrogen oxides associated with the use of such technology and shall in no event result in an increase in the emissions of either such pollutant.

      (ii) In determining the best available technology for reducing the emission of pollutants, the commissioner shall select technology from that which has been verified by the United States environmental protection agency or the California air resources board, as set forth in the executive orders of such board, for use in nonroad vehicles for each engine family. If no such technology exists for a specific engine family, then the commissioner shall select appropriate technology from that which has been verified by the United States environmental protection agency or the California air resources board as set forth in the executive orders of such board, for a different nonroad vehicle engine family. If no such appropriate technology exists for a different nonroad vehicle engine family, then the commissioner may select such technology that he or she deems appropriate.

   (2) No city agency or contractor shall be required to replace best available technology for reducing the emission of pollutants or other authorized technology utilized for a diesel-powered nonroad vehicle in accordance with the provisions of this section within three years of having first utilized such technology for such vehicle or on or before July 1, 2017, whichever is later.

  1. A city agency shall not enter into a public works contract subject to the provisions of this section unless such contract permits independent monitoring of the contractor’s compliance with the requirements of this section and requires that the contractor comply with section 24-163 of this code. If it is determined that the contractor has failed to comply with any provision of this section, any costs associated with any independent monitoring incurred by the city shall be reimbursed by the contractor.
    1. The provisions of paragraph one of subdivision b of this section shall apply to all diesel-powered nonroad vehicles that are owned by, operated by or on behalf of, or leased by a city agency and the provisions of paragraph one of subdivision c of this section shall apply to all public works contracts six months after the effective date of this section.

   (2) The provisions of paragraph two of subdivision b of this section shall apply to all diesel-powered nonroad vehicles that are owned by, operated by or on behalf of, or leased by a city agency and the provisions of paragraph two of subdivision c of this section shall apply to any public works contract that is valued at two million dollars or more one year after the effective date of this section.

   (3) The provisions of paragraph two of subdivision c of this section shall apply to all public works contracts eighteen months after the effective date of this section.

  1. On or before January 1, 2005, and every succeeding January 1, the commissioner shall report to the comptroller and the speaker of the council on the use of ultra low sulfur diesel fuel in diesel-powered nonroad vehicles and the use of the best available technology for reducing the emission of pollutants and such other authorized technology in accordance with this section for such vehicles by city agencies during the immediately preceding fiscal year. This report shall include, but not be limited to (i) the total number of diesel-powered nonroad vehicles owned by, operated by or on behalf of, or leased by each city agency or used to fulfill the requirements of a public works contract for each city agency; (ii) the number of such nonroad vehicles that were powered by ultra low sulfur diesel fuel; (iii) the number of such nonroad vehicles that utilized the best available technology for reducing the emission of pollutants, including a breakdown by vehicle model and the type of technology used for each vehicle; (iv) the number of such nonroad vehicles that utilized such other authorized technology in accordance with this section, including a breakdown by vehicle model and the type of technology used for each vehicle; (v) the locations where such nonroad vehicles that were powered by ultra low sulfur diesel fuel and/or utilized the best available technology for reducing the emission of pollutants or such other authorized technology in accordance with this section were used; and (vi) all findings and waivers, and renewals of such findings and waivers, issued pursuant to paragraph one or paragraph three of subdivision j or subdivision l of this section, which shall include, but not be limited to, all specific information submitted by a city agency or contractor upon which such findings, waivers and renewals are based and the type of such other authorized technology, if any, utilized in accordance with this section in relation to each finding, waiver and renewal, instead of the best available technology for reducing the emission of pollutants.
  2. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the requirements of this section; or

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter.

  1. Paragraph one of subdivision b and paragraph one of subdivision c, as that paragraph applies to all contractors’ duty to comply with the specification, of this section shall not apply to any diesel-powered nonroad vehicle covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the city agency or contractor shall fully comply with the terms of such federal waiver, and that the requirements of paragraph one of subdivision b and paragraph one of subdivision c of this section shall be in full force and effect upon the expiration of such federal waiver.
  1. Paragraph two of subdivision b and paragraph two of subdivision c, as that paragraph applies to all contractors’ duty to comply with the specification, of this section shall not apply:

   (1) to a diesel-powered nonroad vehicle where a city agency makes a written finding, which is approved, in writing, by the commissioner, that the best available technology for reducing the emission of pollutants as required by those paragraphs is unavailable for such vehicle, in which case such agency or contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle; or

   (2) to a diesel-powered nonroad vehicle that is used to satisfy the requirements of a specific public works contract for fewer than twenty calendar days; or

   (3) to a diesel-powered nonroad vehicle where the commissioner has issued a written waiver based upon a city agency or contractor having demonstrated to the commissioner that the use of the best available technology for reducing the emission of pollutants might endanger the operator of such vehicle or those working near such vehicle, due to engine malfunction, in which case such city agency or contractor shall use whatever technology for reducing the emission of pollutants, if any, is available and appropriate for such vehicle, which would not endanger the operator of such vehicle or those working near such vehicle.

  1. In determining which technology to use for the purposes of paragraph one or paragraph three of subdivision j of this section, a city agency or contractor shall primarily consider the reduction in emissions of particulate matter and secondarily consider the reduction in emissions of nitrogen oxides associated with the use of such technology, which shall in no event result in an increase in the emissions of either such pollutant.
  2. Any finding or waiver made or issued pursuant to paragraph one or paragraph three of subdivision j of this section shall expire after one hundred eighty days, at which time the requirements of paragraph two of subdivision b and paragraph two of subdivision c of this section shall be in full force and effect unless the city agency renews the finding, in writing, and the commissioner approves such finding, in writing, or the commissioner renews the waiver, in writing.
  3. Any contractor who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code.
  4. Any contractor that makes a false claim with respect to the provisions of this section to a city agency shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code.
  5. This section shall not apply to any public works contract entered into or renewed prior to June 19, 2004.
  6. Nothing in this section shall be construed to limit the city’s authority to cancel or terminate a contract, deny or withdraw approval to perform a subcontract or provide supplies, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualification as a vendor, or otherwise deny a person or entity city business.

§ 24-163.4 Use of ultra low sulfur diesel fuel and best available retrofit technology by the city’s diesel fuel-powered motor vehicles.

  1. Definitions. When used in this section:

   “Best available retrofit technology” means technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in subdivision d of this section, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.

   “Gross vehicle weight rating” means the value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.

   “Motor vehicle” means a vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability, provided, however, that this term shall not include vehicles that are specially equipped for emergency response by the department, office of emergency management, sheriff’s office of the department of finance, police department or fire department or vehicles, other than buses, specially equipped for emergency response by the department of correction.

   “Person” means any natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.

   “Reasonable cost” means that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in subdivision d of this section, when considering the cost of the strategies, themselves, and the cost of installation.

   “Ultra low sulfur diesel fuel” means diesel fuel that has a sulfur content of no more than fifteen parts per million.

   “Biodiesel” means a fuel, designated B100, that is composed exclusively of mono-alkyl esters of long chain fatty acids derived from feedstock and that meets the specifications of ASTM designation D 6751-12.

    1. Each diesel fuel-powered motor vehicle owned or operated by a city agency shall be powered by an ultra low sulfur diesel fuel blend containing biodiesel as follows:

      i. for the fiscal years beginning July 1, 2014, and July 1, 2015, an ultra low sulfur diesel fuel blend containing at least five percent biodiesel (B5) by volume; and

      ii. for the fiscal year beginning July 1, 2016, and thereafter, between the months of April to November, inclusive, an ultra low sulfur diesel fuel blend containing at least twenty percent biodiesel (B20) by volume, and between the months of December to March, inclusive, an ultra low sulfur diesel fuel blend containing at least five percent biodiesel (B5) by volume.

   (2) Diesel fuel-powered motor vehicles having a gross vehicle weight rating of more than 8,500 pounds that are owned or operated by city agencies shall utilize the best available retrofit technology or be equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, pursuant to the following schedule:

      i. 7% of all such motor vehicles by January 1, 2007;

      ii. 14% of all such motor vehicles by January 1, 2008;

      iii. 30% of all such motor vehicles by January 1, 2009;

      iv. 50% of all such motor vehicles by January 1, 2010;

      v. 70% of all such motor vehicles by January 1, 2011;

      vi. 90% of all such motor vehicles by January 1, 2012;

      vii. 100% of all such motor vehicles by July 1, 2012.

   (3) Notwithstanding any provision of subdivision c of this section, diesel fuel-powered motor vehicles having a gross vehicle weight rating of more than 8,500 pounds that are owned or operated by city agencies shall utilize the best available retrofit technology that meets the level 4 emission control strategy as defined in subdivision d of this section, or be equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, pursuant to the following schedule:

      i. 50% of all such motor vehicles by January 1, 2014;

      ii. 70% of all such motor vehicles by January 1, 2015;

      iii. 80 % of all such motor vehicles by January 1, 2016; and

      iv. 90 % of all such motor vehicles by January 1, 2017.

    1. The commissioner shall make determinations, and shall publish a list containing such determinations, as to the best available retrofit technology to be used for each type of diesel fuel-powered motor vehicle to which this section applies. Each such determination shall be reviewed and revised, as needed, on a regular basis, but in no event less often than once every six months.

   (2) The commissioner may determine that a technology, whether or not it has been verified by the United States environmental protection agency or the California air resources board, may be appropriate to test, on an experimental basis, on a particular type of diesel fuel-powered motor vehicle owned or operated by a city agency. The commissioner may authorize such technology to be installed on up to five percent or twenty-five of such type of motor vehicle, whichever is less. Any motor vehicle on which such technology is installed may be counted for the purpose of meeting the requirements of paragraph two of subdivision b of this section. Such technology shall not be required to be installed on other motor vehicles of the same type and shall be subject to the provisions of paragraph three of this subdivision.

   (3) No city agency shall be required to replace best available retrofit technology or experimental technology utilized for a diesel fuel-powered motor vehicle in accordance with the provisions of this section within three years of having first utilized such technology for such vehicle, except that technology that falls within Level 4, as set forth in subdivision d of this section, shall not be required to be replaced until it has reached the end of its useful life.

  1. The classification levels for diesel emission control strategies are as follows, with Level 4 being the highest classification level:

   i. Level 4 - strategy reduces diesel particulate matter emissions by 85 percent or greater or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour;

   ii. Level 3 - strategy reduces diesel particulate matter emissions by between 50 and 84 percent;

   iii. Level 2 - strategy reduces diesel particulate matter emissions by between 25 and 49 percent;

   iv. Level 1 - strategy reduces diesel particulate matter emissions by between 20 and 24 percent.

    1. Paragraph one of subdivision b of this section, as that paragraph applies to the requirement that each diesel fuel-powered motor vehicle owned or operated by a city agency be powered by ultra low sulfur diesel fuel, shall not apply to any motor vehicle covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the city agency shall fully comply with the terms of such federal waiver, and that the requirements of paragraph one of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver.

   (2) The commissioner may issue a waiver for the use of an ultra low sulfur diesel fuel blend that contains the amount of biodiesel required pursuant to subdivision b of this section where a city agency makes a written finding, which is approved, in writing, by the commissioner, that a sufficient quantity of such ultra low sulfur diesel fuel blend containing biodiesel is not available to meet the requirements of this section. Any waiver issued pursuant to this paragraph shall expire after two months, unless the city agency renews the finding, in writing, and the commissioner approves such renewal, in writing.

   (3) The commissioner may issue a waiver for the use of an ultra low sulfur diesel fuel blend that contains the amount of biodiesel required pursuant to subdivision b of this section where a city agency makes a written finding, which is approved, in writing, by the commissioner, that the use of biodiesel in a particular type of motor vehicle would void the manufacturer’s warranty for such vehicle.

    1. Not later than January 1, 2007, and not later than January 1 of each year thereafter, the commissioner shall submit a report to the comptroller and the speaker of the council regarding, among other things, the use of ultra low sulfur diesel fuel and the use of the best available retrofit technology by diesel fuel-powered motor vehicles owned or operated by city agencies during the immediately preceding calendar year. The information contained in this report shall include, but not be limited to, for each city agency: (i) the total number of diesel fuel-powered motor vehicles owned or operated by such agency; (ii) the number of such motor vehicles that were powered by ultra low sulfur diesel fuel; (iii) the total number of diesel fuel-powered motor vehicles owned or operated by such agency having a gross vehicle weight rating of more than 8,500 pounds; (iv) the number of such motor vehicles that utilized the best available retrofit technology, including a breakdown by motor vehicle model, engine year and the type of technology used for each vehicle; (v) the number of such motor vehicles that are equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for particulate matter that is at least as stringent; (vi) the number of such motor vehicles that utilized technology in accordance with paragraph two of subdivision c of this section and the results and analyses regarding the testing of such technology; and (vii) all waivers, findings, and renewals of such findings, issued pursuant to subdivision e of this section, which, for each waiver, shall include, but not be limited to, the quantity of diesel fuel needed to power diesel fuel-powered motor vehicles owned or operated by such agency.

   (2) The report due January 1, 2007 in accordance with paragraph one of this subdivision shall only include the information required pursuant to subparagraphs (i), (ii) and (vii) of such paragraph.

  1. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the requirements of this section; or

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter.

  1. B20 winter pilot program. Not later than December 1, 2016, the commissioner of citywide administrative services shall establish a pilot program to determine the feasibility of utilizing an ultra low sulfur diesel fuel blend containing at least twenty percent biodiesel (B20) by volume in city-owned diesel fuel-powered motor vehicles during the months of December to March, inclusive. The pilot program shall include not less than five percent of the city’s total diesel fuel-powered motor vehicle fleet, which shall be representative of the vehicle types and operating conditions of the fleet as a whole, and shall include vehicles from the department of citywide administrative services, department of environmental protection, department of parks and recreation, department of sanitation, and department of transportation and vehicles from other city agencies at the discretion of the commissioner of citywide administrative services. Such pilot program shall continue until March 31 of the second calendar year after such pilot program was initiated, and within four months of the conclusion of such pilot program, the commissioner of citywide administrative services shall issue a report to the mayor and the speaker of the council detailing the findings of such pilot program with recommendations for the use of an ultra low sulfur diesel fuel blend containing at least twenty percent biodiesel (B20) by volume in city-owned diesel fuel-powered motor vehicles during the months of December to March, inclusive.

§ 24-163.5 Use of ultra low sulfur diesel fuel and best available retrofit technology in the fulfillment of solid waste contracts and recyclable materials contracts.

  1. Definitions. When used in this section:

   “Best available retrofit technology” means technology, verified by the United States environmental protection agency or the California air resources board unless as otherwise deemed appropriate by the commissioner for a nonroad vehicle, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in subdivision d of this section, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.

   “Contractor” means any person or entity that enters into a solid waste contract or recyclable materials contract with a city agency, or any person or entity that enters into an agreement with such person or entity, to perform work or provide labor or services related to such solid waste contract or recyclable materials contract.

   “Motor vehicle” shall mean a vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically-driven mobility assistance devices operated or driven by a person with a disability.

   “Nonroad engine” means an internal combustion engine (including the fuel system) that is not used in a motor vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under 42 U.S.C. § 7411 or 42 U.S.C. § 7521, except that this term shall apply to internal combustion engines used to power generators, compressors or similar equipment used in the fulfillment of any solid waste contract or recyclable materials contract.

   “Nonroad vehicle” means a vehicle that is powered by a nonroad engine, fifty horsepower and greater, and that is not a motor vehicle or a vehicle used solely for competition, which shall include, but not be limited to, front loaders, excavators, backhoes, cranes, compressors, generators, bulldozers and similar equipment.

   “Operate primarily within the city of New York” means that greater than fifty percent of the time spent or miles traveled by a motor vehicle or nonroad vehicle during the performance of a solid waste contract or recyclable materials contract occurs within the city of New York.

   “Reasonable cost” means that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in subdivision d of this section, when considering the cost of the strategies, themselves, and the cost of installation.

   “Recyclable materials” means solid waste that may be separated, collected, processed, marketed and returned to the economy in the form of raw materials or products, including but not limited to types of metal, glass, paper, plastic, food waste, tires and yard waste.

   “Recyclable materials contract” means a contract with a city agency, the primary purpose of which is to provide for the handling, transport or disposal of recyclable materials.

   “Solid waste” means all materials or substances discarded or rejected as being spent, useless, or worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous forms.

   “Solid waste contract” means a contract with a city agency, the primary purpose of which is to provide for the handling, transport or disposal of solid waste.

    1. Any solid waste contract or recyclable materials contract shall specify that all diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of such contract that operate primarily within the city of New York shall be powered by ultra low sulfur diesel fuel and all contractors in the performance of such contract shall comply with such specification.

   (2) Any solid waste contract or recyclable materials contract shall specify that, as of March 1, 2006, all diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of such contract that operate primarily within the city of New York shall utilize the best available retrofit technology and all contractors in the performance of such contract shall comply with such specification.

   (3) Notwithstanding any provision of subdivision c of this section, any solid waste contract or recyclable materials contract entered into pursuant to requests for bids and/or requests for proposals issued after the effective date of the local law that added this paragraph shall specify that, as of January 1, 2017, all diesel fuel-powered motor vehicles used in the performance of such contract that operate primarily within the city of New York shall utilize the best available retrofit technology that meets the level 4 emission control strategy as defined in subdivision d of this section, or be equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, and all contractors in the performance of such contract shall comply with such specification.

    1. The commissioner shall make determinations, and shall publish a list containing such determinations, as to the best available retrofit technology to be used for each type of diesel fuel-powered motor vehicle and diesel fuel-powered nonroad vehicle to which this section applies. Each such determination shall be reviewed and revised, as needed, on a regular basis, but in no event less often than once every six months.

   (2) No contractor shall be required to replace best available retrofit technology or other authorized technology utilized for a diesel fuel-powered motor vehicle or diesel fuel-powered nonroad vehicle in accordance with the provisions of this section within three years of having first utilized such technology for such vehicle, except that technology that falls within Level 4, as set forth in subdivision d of this section, shall not be required to be replaced until it has reached the end of its useful life.

  1. The classification levels for diesel emission control strategies are as follows, with Level 4 being the highest classification level:

   i. Level 4 - strategy reduces diesel particulate matter emissions by 85 percent or greater or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour;

   ii. Level 3 - strategy reduces diesel particulate matter emissions by between 50 and 84 percent;

   iii. Level 2 - strategy reduces diesel particulate matter emissions by between 25 and 49 percent;

   iv. Level 1 - strategy reduces diesel particulate matter emissions by between 20 and 24 percent.

  1. A city agency shall not enter into a solid waste contract or recyclable materials contract subject to the provisions of this section unless such contract permits independent monitoring of the contractor’s compliance with the requirements of this section and requires that the contractor comply with section 24-163 of this code. If it is determined that the contractor has failed to comply with any provision of this section, any costs associated with any independent monitoring incurred by the city shall be reimbursed by the contractor.
  2. Paragraph one of subdivision b of this section, as that paragraph applies to all contractors’ duty to comply with the specification, shall not apply to any motor vehicle or nonroad vehicle covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the contractor shall fully comply with the terms of such federal waiver, and that the requirements of paragraph one of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver.
  3. The commissioner may issue a waiver for the use of the best available retrofit technology by a diesel fuel-powered motor vehicle or diesel fuel-powered nonroad vehicle where the city agency that has entered into the applicable solid waste contract or recyclable materials contract makes a written finding, which is approved, in writing, by the commissioner, that such technology is unavailable for purchase for such vehicle, in which case the contractor shall be required to use the technology for reducing the emission of pollutants that would be the next best best available retrofit technology and that is available for purchase for such vehicle. Any waiver issued pursuant to this subdivision shall expire after three years. The commissioner shall not renew any waiver issued pursuant to this subdivision after January 1, 2014.
    1. Paragraph two of subdivision b of this section shall not apply to a diesel-fuel powered motor vehicle that is equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent.

   (2) Paragraph two of subdivision b of this section shall not apply to a diesel-fuel powered nonroad vehicle that is equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter for such vehicle as set forth in 40 CFR § 1039.101, or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent.

  1. Not later than January 1, 2007, and not later than January 1 of each year thereafter, the commissioner shall submit a report to the comptroller and the speaker of the council regarding, among other things, the use of ultra low sulfur diesel fuel and the use of the best available retrofit technology by diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles used in the performance of a solid waste contract or recyclable materials contract during the immediately preceding fiscal year. This report shall include, but not be limited to: (i) the total number of diesel fuel-powered motor vehicles and diesel fuel-powered nonroad vehicles, respectively, used in the performance of solid waste contracts or recyclable materials contracts; (ii) the number of such motor vehicles and nonroad vehicles, respectively, that were powered by ultra low sulfur diesel fuel; (iii) the number of such motor vehicles and nonroad vehicles, respectively, that utilized the best available retrofit technology, including a breakdown by vehicle model, engine year and the type of technology used for each vehicle; (iv) the number of such motor vehicles and nonroad vehicles, respectively, that utilized other authorized technology in accordance with this section, including a breakdown by vehicle model, engine year and the type of technology used for each vehicle; (v) the number of such motor vehicles and nonroad vehicles, respectively, that are equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter in accordance with subdivision h of this section; (vi) the locations where such motor vehicles and nonroad vehicles, respectively, that were powered by ultra low sulfur diesel fuel, utilized the best available retrofit technology, utilized such other authorized technology in accordance with this section or were equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter were used; and (vii) all waivers issued pursuant to subdivision g of this section, which shall include, but not be limited to, all findings and specific information submitted by the city agency or contractor upon which such waivers are based and the type of other authorized technology utilized in accordance with this section in relation to each waiver, instead of the best available retrofit technology.
  1. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the requirements of this section; or

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the charter.

  1. Any contractor who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code.
  2. Where a contractor has been found to have made a false claim with respect to the provisions of this section, such contractor shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code.
  3. This section shall not apply to any solid waste contract or recyclable materials contract entered into or renewed prior to September 9, 2005 or to any agreement entered into pursuant to title 16-B.
  4. Nothing in this section shall be construed to limit the city’s authority to cancel or terminate a contract, deny or withdraw approval to perform a subcontract or provide supplies, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity pre-qualification as a vendor, or otherwise deny a person or entity city business.

§ 24-163.6 Use of best available retrofit technology by sight-seeing buses.

  1. Definitions. When used in this section:

   “Best available retrofit technology” means technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in subdivision d of this section, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.

   “Reasonable cost” means that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in subdivision d of this section, when considering the cost of the strategies, themselves, and the cost of installation.

   “Sight-seeing bus” means a motor vehicle designed to comfortably seat and carry eight or more passengers operating for hire from a fixed point in the city of New York to a place or places of interest or amusements, and shall also include a vehicle, designed as aforesaid which by oral or written contract is let and hired or otherwise engaged for its exclusive use for a specific or special trip or excursion from a starting point within the city of New York.

    1. Beginning January 1, 2007, any diesel fuel-powered sight-seeing bus that is licensed pursuant to subchapter 21 of chapter 2 of title 20 of the administrative code and that is equipped with an engine that is over three years old shall utilize the best available retrofit technology.

   (2) Notwithstanding any provision of subdivision c of this section, any diesel fuel-powered sight-seeing bus that is licensed pursuant to subchapter 21 of chapter 2 of title 20 of the administrative code shall utilize the best available retrofit technology that meets the level 4 emission control strategy as defined in subdivision d of this section, or be equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent, by January 1, 2017.

    1. The commissioner shall make determinations, and shall publish a list containing such determinations, as to the best available retrofit technology to be used for each type of diesel fuel-powered sight-seeing bus to which this section applies. Each such determination shall be reviewed and revised, as needed, on a regular basis, but in no event less often than once every six months.

   (2) No owner or operator of a diesel fuel-powered sight-seeing bus licensed pursuant to the provisions of subchapter 21 of chapter 2 of title 20 of the administrative code shall be required to replace best available retrofit technology or other authorized technology utilized for a diesel fuel-powered bus in accordance with the provisions of this section within three years of having first utilized such technology for such bus, except that technology that falls within Level 4, as set forth in subdivision d of this section, shall not be required to be replaced until it has reached the end of its useful life.

  1. The classification levels for diesel emission control strategies are as follows, with Level 4 being the highest classification level:

   i. Level 4 - strategy reduces diesel particulate matter emissions by 85 percent or greater or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour;

   ii. Level 3 - strategy reduces diesel particulate matter emissions by between 50 and 84 percent;

   iii. Level 2 - strategy reduces diesel particulate matter emissions by between 25 and 49 percent;

   iv. Level 1 - strategy reduces diesel particulate matter emissions by between 20 and 24 percent.

  1. The commissioner may issue a waiver for the use of the best available retrofit technology by a diesel fuel-powered sight-seeing bus where the department of consumer affairs makes a written finding, which is approved, in writing, by the commissioner, that such technology is unavailable for purchase for such bus, in which case the owner or operator of such bus shall be required to use the technology for reducing the emission of pollutants that would be the next best best available retrofit technology and that is available for purchase for such bus. Any waiver issued pursuant to this subdivision shall expire after three years. The commissioner shall not renew any waiver issued pursuant to this subdivision after January 1, 2014.
  2. The requirements of subdivision b of this section shall not apply to a diesel-fuel powered sight-seeing bus that is equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent.
  3. Not later than January 1, 2008, and not later than January 1 of each year thereafter, the commissioner shall submit a report to the comptroller and the speaker of the council regarding, among other things, the use of the best available retrofit technology by diesel fuel-powered sight-seeing buses during the immediately preceding fiscal year. This report shall include, but not be limited to: (i) the total number of diesel fuel-powered sight-seeing buses licensed pursuant to subchapter 21 of chapter 2 of title 20 of the administrative code; (ii) the number of such buses that utilized the best available retrofit technology, including a breakdown by vehicle model, engine year and the type of technology used for each vehicle; (iii) the number of such buses that utilized other authorized technology in accordance with this section, including a breakdown by vehicle model, engine year and the type of technology used for each vehicle; (iv) the number of such buses that are equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter in accordance with subdivision f of this section; (v) the locations where such buses that utilized the best available retrofit technology, utilized such other authorized technology in accordance with this section or were equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter were used; (vi) the age of the engine with which each bus that did not utilize the best available retrofit technology is equipped; and (vii) all waivers issued pursuant to subdivision e of this section, which shall include, but not be limited to, all findings and specific information submitted by the department of consumer affairs or the owner or operator of a diesel fuel-powered sight-seeing bus upon which such waivers are based and the type of other authorized technology utilized in accordance with this section in relation to each waiver, instead of the best available retrofit technology.
  4. Any owner or operator of a diesel fuel-powered sight-seeing bus who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code.
  5. Where an owner or operator of a diesel fuel-powered sight-seeing bus has been found to have made a false claim with respect to the provisions of this section, such owner or operator shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code.

§ 24-163.7 Use of ultra low sulfur diesel fuel and best available retrofit technology in school bus transportation.

  1. Definitions. For the purposes of this section only, the following terms shall have the following meanings:

   “Best available retrofit technology” means technology, verified by the United States environmental protection agency or the California air resources board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in subdivision e of this section, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.

   “Department of education” means the New York city department of education, formerly known as the New York city board of education, and any successor agency or entity thereto, the expenses of which are paid in whole or in part from the city treasury.

   “Reasonable cost” means that such technology does not cost greater than thirty percent more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in subdivision e of this section, when considering the cost of the strategies, themselves, and the cost of installation.

   “School bus” means any vehicle operated pursuant to a school bus contract, designed to transport ten or more children at one time, of the designation “Type C bus” or “Type D bus” as set forth in 17 NYCRR §§ 720.1(Z) and (AA), and used to transport children to or from any school located in the city of New York, and excluding any vehicle utilized primarily to transport children with special educational needs who do not travel to and from school in vehicles used to transport general education students.

   “School bus contract” means any agreement between any person and the department of education to transport children on a school bus.

    1. Beginning July 1, 2006, any diesel fuel-powered school bus that is operated by a person who fuels such school bus at any facility at which ultra low sulfur diesel fuel is available, or of which such person has the exclusive use and control, or at which such person has the ability to specify the fuel to be made available, shall be powered by ultra low sulfur diesel fuel.

   (2) Beginning September 1, 2006, any diesel fuel-powered school bus to which paragraph one of this subdivision does not apply shall be powered by ultra low sulfur diesel fuel.

  1. Diesel fuel-powered school buses shall utilize the best available retrofit technology in accordance with the following schedule:

   i. 50% of school buses used to fulfill each school bus contract by September 1, 2006;

   ii. 100% of school buses used to fulfill each school bus contract by September 1, 2007 and thereafter.

    1. The commissioner shall make determinations, and shall publish a list containing such determinations, as to the best available retrofit technology to be used for each type of diesel fuel-powered school bus to which this section applies. Each such determination shall be reviewed and revised, as needed, on a regular basis, but in no event less often than once every six months.

   (2) No person shall be required to replace best available retrofit technology or other authorized technology utilized for a diesel fuel-powered school bus in accordance with the provisions of this section within three years of having first utilized such technology for such bus, except that technology that falls within Level 4, as set forth in subdivision e of this section, shall not be required to be replaced until it has reached the end of its useful life.

   (3) For purposes of this subdivision, any best available retrofit technology, or substantially similar technology, purchased or installed in whole or in part with funds provided by the state of New York or the federal government pursuant to a specific diesel emissions reduction program in effect upon the date of enactment of this section, shall constitute the best available retrofit technology for a period of not less than three years from the date on which such equipment was installed.

  1. The classification levels for diesel emission control strategies are as follows, with Level 4 being the highest classification level:

   i. Level 4 - strategy reduces diesel particulate matter emissions by 85 percent or greater or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour;

   ii. Level 3 - strategy reduces diesel particulate matter emissions by between 50 and 84 percent;

   iii. Level 2 - strategy reduces diesel particulate matter emissions by between 25 and 49 percent;

   iv. Level 1 - strategy reduces diesel particulate matter emissions by between 20 and 24 percent.

  1. Subdivision b of this section shall not apply to any school bus covered under a federal waiver for the use of ultra-low sulfur diesel fuel issued by the United States environmental protection agency pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii) or any regulation promulgated thereunder, provided that the owner and operator of such school bus shall fully comply with the terms of such federal waiver, and the requirements of subdivision b of this section shall be in full force and effect upon the expiration of such federal waiver.
  2. The commissioner may issue a waiver for the use of the best available retrofit technology by a diesel fuel-powered school bus where the department of education makes a written finding, which is approved, in writing, by the commissioner, that such technology is unavailable for purchase for such bus, in which case the owner or operator of such school bus shall be required to use the technology for reducing the emission of pollutants that would be the next best best available retrofit technology and that is available for purchase for such bus. Any waiver issued pursuant to this subdivision shall expire after three years.
  3. Subdivision c of this section shall not apply to a diesel-fuel powered school bus that is equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent.
  4. Not later than January 1, 2007, and not later than January 1 of each year thereafter, the commissioner shall submit a report to the comptroller and the speaker of the council regarding, among other things, the use of ultra low sulfur diesel fuel and the use of the best available retrofit technology by school buses during the immediately preceding fiscal year. The information contained in this report shall also be included in the mayor’s preliminary management report and the mayor’s management report for the relevant fiscal year and shall include, but not be limited to: (i) the number of school buses used to fulfill the requirements of school bus contracts; (ii) the number of such buses that were powered by ultra low sulfur diesel fuel; (iii) the number of such buses that utilized the best available retrofit technology, including a breakdown by vehicle model, engine year and the type of technology used for each vehicle; (iv) the number of such buses that utilized other authorized technology in accordance with this section, including a breakdown by vehicle model, engine age and the type of technology used for each vehicle; (v) the number of such buses that are equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter in accordance with subdivision h of this section; (vi) the school districts where such buses that were powered by ultra low sulfur diesel fuel, utilized the best available retrofit technology, utilized such other authorized technology in accordance with this section or were equipped with an engine certified to the applicable United States environmental protection agency standard for particulate matter were used; and (vii) all waivers issued pursuant to subdivision g of this section, which shall include, but not be limited to, all findings and specific information submitted by the department of education or a school bus owner or operator upon which such waivers are based and the type of other authorized technology utilized in accordance with this section in relation to each waiver, instead of the best available retrofit technology.
  5. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the requirements of this section;

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the New York city charter; or

   (3) where federal or state law prohibits the application of the requirements of this section.

  1. Any person who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code.
  2. Where a person has been found to have made a false claim with respect to the provisions of this section, such person shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code.
  3. This section shall not apply to any school bus contract entered into or renewed prior to May 9, 2005.
  4. Nothing in this section shall be construed to limit the authority of the department of education or of the city of New York to cancel or terminate a contract, deny or withdraw approval to perform a subcontract or provide supplies, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity prequalification as a vendor, or otherwise deny a person or entity city business.

§ 24-163.8 Use of ultra low sulfur diesel fuel in diesel-powered generators used in the production of films, television programs and advertisements, and at street fairs.

  1. Definitions. When used in this chapter:

   “Alternative fuel” means a fuel, other than gasoline or standard diesel fuel, which may be used to power a generator subject to the provisions of this section so long as the respective quantities of each pollutant emitted by such generator when operated using such fuel do not exceed the respective quantities of each pollutant emitted when such generator is operated using ultra low sulfur diesel fuel.

    1. Any diesel-powered generator that is used to provide electrical power for equipment used in the production of any film, television program or advertisement, or for a street fair, where such production or street fair requires a permit from a city agency, shall be powered by ultra low sulfur diesel fuel.

   (2) The mayor’s office of film, theatre, and broadcasting shall issue to all film, television and advertising production companies that apply for a filming permit a notice that recites the provisions of this section and states that any diesel-powered generator that is utilized in a film, television or advertising production must use ultra low sulfur diesel fuel or an alternative fuel.

   (3) The street activity permit office shall issue to all applicants for a street activity permit for a street fair a notice that recites the provisions of this section and states that any diesel-powered generator that is utilized for a street fair must use ultra low sulfur diesel fuel or an alternative fuel.

  1. Any person who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code. Any person who has been found to have made a false claim to a city agency with respect to the provisions of this section shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code.

§ 24-163.9 Retrofitting, age limitations and fuel use of diesel fuel-powered school buses.

  1. Definitions. For the purposes of this section only, the following terms shall have the following meanings:

   “Department of education” means the New York city department of education, formerly known as the New York city board of education, and any successor agency or entity thereto, the expenses of which are paid in whole or in part from the city treasury.

   “School bus” means any vehicle of the designation “Type A bus,” “Type B bus,” “Type C bus,” or “Type D bus,” as set forth in subdivisions x, y, z, and aa of section 720.1 of title seventeen of New York codes, rules and regulations, that is operated pursuant to a school bus contract and is used to transport children to or from any school located in the city of New York.

   “School bus contract” means any agreement between any person and the department of education to transport children on a school bus.

  1. Diesel fuel-powered school buses shall utilize a closed crankcase ventilation system, selected from among the mobile sources devices identified and approved as part of the diesel retrofit verified technologies list by the United States environmental protection agency or the list of currently verified diesel emission control strategies by the California air resources board, to reduce engine emissions to the school bus cabin, in accordance with the following schedule:

   (1) fifty percent of diesel fuel-powered school buses used to fulfill each school bus contract shall be equipped with such a closed crankcase ventilation system by September 1, 2010;

   (2) one hundred percent of diesel fuel-powered school buses used to fulfill each school bus contract shall be equipped with such a closed crankcase ventilation system by September 1, 2011;

  1. Notwithstanding subdivision b of this section, any diesel fuel-powered school bus of the designation “Type A bus” or “Type B bus,” as set forth in subdivisions x and y of section 720.1 of title seventeen of New York codes, rules and regulations, with a pre-2007 engine model year shall utilize a closed crankcase ventilation system within six months of a finding by the United States environmental protection agency or the California air resources board that such technology is available for use in such bus and is available from the manufacturer, provided however, that such technology shall not be required to be installed if such bus is scheduled to be retired within twelve months of such finding pursuant to the schedule set forth in paragraph two of subdivision d of this section.
    1. No diesel fuel-powered school bus of the designation “Type A bus” or “Type B bus,” as set forth in subdivisions x and y of section 720.1 of title seventeen of New York codes, rules and regulations, with an engine model year of 2007 or later or that is utilizing a closed crankcase ventilation system pursuant to subdivision c of this section and no diesel fuel-powered school bus of the designation “Type C bus” or “Type D bus,” as set forth in subdivisions z and aa of section 720.1 of title seventeen of New York codes, rules and regulations, shall be used to fulfill any school bus contract beyond the end of the sixteenth year from the date of manufacture, as noted on the vehicle registration, or the end of the school year in which that date falls, whichever is later.

   (2) Except for any “Type A bus” or “Type B bus” utilizing a closed crankcase ventilation system pursuant to subdivision c of this section, no diesel fuel-powered school bus of the designation “Type A bus” or “Type B bus,” as set forth in subdivisions x and y of section 720.1 of title seventeen of New York codes, rules and regulations, with a pre-2007 engine model year shall be used to fulfill any school bus contract entered into pursuant to a request for proposals or request for bids issued after July 1, 2014 beyond the dates set forth in the following schedule:

      i. All 1997 engine model years, September 1, 2014;

      ii. All 1998 engine model years, September 1, 2015;

      iii. All 1999 engine model years, September 1, 2016;

      iv. All 2000 engine model years, September 1, 2017, and provided, further, that five percent of any contractor’s “Type A buses” or “Type B buses” with 2001 through 2004 engine model years that are not utilizing a closed crankcase ventilation system pursuant to subdivision c of this section that are used to fulfill any school bus contract shall be replaced pursuant to subdivision e of this section by September 1, 2017;

      v. All 2001 engine model years, September 1, 2018, and provided, further, that twenty percent of any contractor’s “Type A buses” or “Type B buses” with 2002 through 2005 engine model years that are not utilizing a closed crankcase ventilation system pursuant to subdivision c of this section that are used to fulfill any school bus contract shall be replaced pursuant to subdivision e of this section by September 1, 2018;

      vi. All 2002 engine model years, September 1, 2019, and provided, further, that twenty percent of any contractor’s “Type A buses” or “Type B buses” with 2003 through 2006 engine model years that are not utilizing a closed crankcase ventilation system pursuant to subdivision c of this section that are used to fulfill any school bus contract shall be replaced pursuant to subdivision e of this section by September 1, 2019;

      vii. All 2003 through 2006 engine model years, September 1, 2020.

  1. School buses shall be replaced pursuant to subdivision d of this section with (1) a school bus meeting the most recent diesel engine emissions standards issued by the United States environmental protection agency, or (2) an all-electric, gasoline-powered, compressed natural gas, or hybrid school bus, as long as the particulate matter emissions of such school bus do not exceed emission levels permitted in the most recent diesel engine emissions standards issued by the United States environmental protection agency.
  2. No later than December 31, 2011, and no later than December 31 of every year thereafter, the department of education shall submit a report to the mayor and the speaker of the council on compliance with this section. Such report shall include, but not be limited to, data on the age and crankcase ventilation retrofit status of every school bus pursuant to a school bus contract. The department of education shall also perform yearly reviews on a sample of school buses from at least ten different vendors to verify the accuracy of data reported.
  3. This section shall not apply:

   (1) where federal or state funding precludes the city from imposing the requirements of this section;

   (2) to purchases that are emergency procurements pursuant to section three hundred fifteen of the New York city charter; or

   (3) where federal or state law prohibits the application of the requirements of this section.

  1. Any person who violates any provision of this section shall be liable for a civil penalty in accordance with section 24-178 of the code.
  2. Where a person has been found to have made a false claim with respect to the provisions of this section, such person shall be subject to enforcement pursuant to the provisions of chapter eight of title seven of the code.
  3. Nothing in this section shall be construed to limit the authority of the department of education or of the city of New York to cancel or terminate a contract, deny or withdraw approval to perform a subcontract or provide supplies, issue a non-responsibility finding, issue a non-responsiveness finding, deny a person or entity prequalification as a vendor, or otherwise deny a person or entity city business.
    1. Diesel fuel-powered school buses shall be powered by fuel that is ultra low sulfur diesel fuel.

   (ii) The chancellor of the New York city department of education and the commissioner of citywide administrative services shall conduct a study to determine the feasibility of utilizing at least five percent biodiesel (B5) and up to twenty percent biodiesel (B20) by volume in city contracted diesel fuel-powered buses used for pupil and school transportation. The study shall include a review of the types and models of buses that are used pursuant to existing school bus contracts and their compatibility with biodiesel blends; the mode of fueling by school bus contractors including in-house, retail or fuel truck; supply availability of biodiesel for each mode of fueling for the use of biodiesel in school buses; and other relevant issues including barriers, opportunities, and regulatory requirements related to the use of biodiesel in buses used pursuant to school bus contracts. No later than June 30, 2019, the chancellor of the department of education and the commissioner of citywide administrative services shall submit a report to the mayor and the speaker of the council detailing the findings of this study with recommendations relating to the use of biodiesel blends of at least five percent (B5) and up to twenty percent (B20) by volume in city contracted diesel fuel-powered buses used for pupil and school transportation.

§ 24-163.10 Use of auxiliary power units in ambulances.

  1. When used in this section, “auxiliary power unit” means a device located on or in a vehicle that supplies cooling, heating and electrical power to such vehicle while the vehicle’s engine is turned off. Not later than January 1, 2014, the fire department shall develop and implement a pilot project for a period of not less than one year to ascertain the benefits and reliability of utilizing auxiliary power units in ambulances operated by the city of New York. Such pilot project shall employ auxiliary power units to power the ambulance’s electrical load, diagnostic devices, ancillary electrical equipment, tools and cabin temperature without the need to engage the engine or use another source of power.
  2. Not later than July 1, 2015, the fire department shall submit a report to the mayor and the speaker of the council detailing the findings of such pilot project, including but not limited to data on actual reduction in vehicular emissions, and a cost-benefit analysis for equipping the entire ambulance fleet with auxiliary power units.

§ 24-163.11 Trade waste vehicles.

  1. Definitions. When used in this section:

   “Best available retrofit technology” means technology verified by the United States environmental protection agency or the California air resources board for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to a particular engine and application that has been approved for use by the commissioner.

   “Heavy duty trade waste hauling vehicle” means any diesel-fuel powered vehicle with a gross weight of over sixteen thousand pounds that is owned or operated by an entity that is required to be licensed or registered by the New York city business integrity commission pursuant to section 16-505 of the code and that is operated in New York city for collection and/or removal of trade waste.

   “Trade waste” shall have the same meaning as set forth in subdivision f of section 16-501 of the code.

  1. Use of best available retrofit technology in heavy duty trade waste hauling vehicles.

   (1) Beginning January 1, 2020, any heavy duty trade waste hauling vehicle shall utilize best available retrofit technology or be equipped with an engine certified to the applicable 2007 United States environmental protection agency standard for particulate matter as set forth in 40 CFR § 86.007-11 or to any subsequent United States environmental protection agency standard for such pollutant that is at least as stringent.

   (2) On or before June 30, 2018, the commissioner shall review the technology verified by the United States environmental protection agency and the California air resources board for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies that is applicable to a particular engine and application and shall promulgate rules setting forth the best available retrofit technology to be used by heavy duty trade waste hauling vehicles to which this section applies. Such rules shall be reviewed on a regular basis, but in no event less often than once every six months, and shall be revised, as needed.

  1. Waivers; financial hardship. The chairperson of the business integrity commission may issue a waiver of the requirements of paragraph one of subdivision b of this section if the chairperson finds that the applicant for such waiver has demonstrated that compliance with such requirements would cause undue financial hardship on the applicant. An application for such waiver must be filed with the business integrity commission on or before January 1, 2019, or in the case of an applicant that applies for a license or registration with the business integrity commission pursuant to section 16-505 of the code for the first time after January 1, 2019, an application for such waiver shall be filed no later than the date on which such license or registration application is filed with the commission. An application for renewal of an existing waiver must be filed no later than one hundred eighty days before the expiration of such waiver. Any waiver issued pursuant to this paragraph shall expire no later than two years after issuance. All waivers issued pursuant to this subdivision shall expire no later than January 1, 2025. The provisions of paragraph one of subdivision b of this section shall not apply to an applicant that has submitted an application for a waiver in accordance with the provisions of this subdivision while such application is pending with the commission, nor for ninety days after the date of a denial of such waiver. Notwithstanding any other provision of law, the business integrity commission shall not issue or renew a waiver pursuant to this subdivision to any applicant with respect to a vehicle that will be used to collect, remove or dispose of waste required to be collected by a designated carter pursuant to chapter 1 of title 16-B.
  2. Enforcement.

   (1) In addition to the department, the business integrity commission shall have the authority to enforce this section and shall have the power to issue notices of violation. All notices of violation issued in accordance with this section shall be returnable to the board.

   (2) Any owner or operator of a heavy duty trade waste hauling vehicle that violates any provision of this section shall be liable for a civil penalty of ten thousand dollars per vehicle that is in violation. Each notice of violation shall contain an order of the commissioner or of the chairperson of the business integrity commission directing the respondent to correct the condition constituting the violation and to file with the department or the business integrity commission electronically, or in such other manner as the department or the business integrity commission shall authorize, respectively, a certification that the condition has been corrected within sixty days from the date of the order. In any proceeding before the board, no civil penalty shall be imposed for a violation of this section if the respondent complies with the order of the commissioner or chairperson to correct and to certify correction of the violation within sixty days. In addition to such civil penalty, a separate additional penalty may be imposed of not more than five hundred dollars for each day that the violation is not corrected beyond sixty days from such order.

   (3) For the purposes of this section, if the board finds that a certification of correction filed pursuant to paragraph two of this subdivision contained material false statements relating to the correction of a violation, such certification of correction shall be null and void and the penalties set forth in this section for the violation may be imposed as if such false certification had not been filed with and accepted by the department or the business integrity commission. It shall be an affirmative defense that the respondent neither knew nor should have known that such statements were false.

   (4) Nothing in this section shall be construed to limit the authority of the business integrity commission to deny, suspend or revoke any license or registration in accordance with chapter one of title 16-A of the code or otherwise enforce the provisions of such chapter.

   (5) The business integrity commission shall have the authority to promulgate any rules necessary to enforce the provisions of this section, including but not limited to establishing criteria for the issuance of waivers pursuant to subdivision c of this section and establishing procedures for owners and operators of heavy duty trade waste hauling vehicles to demonstrate compliance with the requirements of this section.

   (6) Notwithstanding any other provision of law, with respect to any vehicle that may be used to collect, remove or dispose of waste required to be collected by a designated carter pursuant to chapter 1 of title 16-B, the commissioner of sanitation shall have all the powers and duties of the business integrity commission as set forth in this section.

§ 24-163.12 Mobile food vending units.

Any mobile food vending unit that is equipped with an auxiliary engine that meets applicable tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 1039.101 or any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent, or that uses an alternative fuel, as defined by the rules of the department, shall be entitled to a waiver of any fee established by the department for the registration of such engine pursuant to section 24-109 of the code, so long as the engine is installed within eighteen months after the effective date of this section. The waiver of such fee shall remain in effect for twelve years or for the duration of the life of the engine, whichever is shorter, provided that the engine is registered with the department. Failure to renew prior to the expiration date of the registration shall result in the revocation of the fee waiver.

§ 24-164 Operation of soot blower of vessels prohibited.

No person shall cause or permit the soot blower of a vessel, other than a vessel which travels only in waters within the jurisdiction of the city of New York, to operate while the vessel is within the waters of the city.

§ 24-165 Use of air contaminant detectors and recorders.

(a) Whenever the use of an air contaminant detector is required by this code, the air contaminant detector must automatically cause both an audible signal sufficiently loud to be heard by a person of normal hearing twenty feet from the detector and a readily visible flashing red light upon the emission of an air contaminant of a density which appears darker than number one on the standard smoke chart, or of an opacity which obscures vision to a degree greater than smoke of number one density on the standard smoke chart.
  1. The signaling devices of the air contaminant detector shall also be located at the principal work location of the person supervising the equipment.
  2. If two or more units of equipment are connected to a single flue, one air contaminant detector may be used if installed to monitor all of the units.
  3. If the light source of a photoelectric type of air contaminant detector fails to operate properly, the detector must automatically cause an audible signal sufficiently loud to be heard by a person of normal hearing twenty feet away from the detector and a readily visible flashing red light which shall continue to operate until manually reset.
  4. Whenever the use of an air contaminant recorder is required by this code, the air contaminant recorder must:

   (1) continuously produce a record of the time, duration, concentration and density of an air contaminant of a density which appears darker than number one on the standard smoke chart, or of an opacity which obscures vision to a degree greater than number one; or

   (2) continuously produce a record of the time, duration, and concentration of sulfur dioxide and nitrogen oxides by volume and particulate matter by weight.

  1. The record made by the air contaminant recorder shall be dated and retained on the premises where the recorder is located for a period of sixty days from the last date appearing on the record.
  2. The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department’s rules that the work has been performed to permanently correct the violation. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section.

§ 24-166 Use of combustion shutoff; halting of emission of air contaminant.

(a) Whenever the use of a combustion shutoff is required by this code or by the commissioner, the combustion shutoff must automatically halt the operation of fuel burning equipment using fuel oil within two minutes after the emission of an air contaminant of a density which appears darker than number one on the standard smoke chart, or of an opacity which obscures vision to a degree greater than smoke of number one density on the standard smoke chart.
  1. No person shall cause or permit the resumption of the normal operation of the fuel burning equipment whose operation was halted by a combustion shutoff until the equipment operates in accordance with the standards of this code.
  2. The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department’s rules that the work has been performed to permanently correct the violation. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section.

§ 24-167 Improper use of equipment or apparatus prohibited.

No person shall use or permit the use of equipment or apparatus for a purpose or in a manner which causes it to function improperly or not in accordance with its design. Nothing in this section shall be construed to prohibit the use of bioheating fuel in equipment that may be adapted for such use.

Subchapter 8: Fuel Standards

§ 24-168 Use of proper fuel in fuel burning equipment.

(a) No person shall cause or permit the use of a kind or grade of fuel in fuel burning equipment that is not designed to burn that kind or grade of fuel. Nothing in this subdivision shall be construed to prohibit the use of bioheating fuel in fuel burning equipment that is adapted for such use.
  1. No person shall cause or permit the burning of refuse material in fuel burning equipment unless the equipment is designed to burn refuse material.
  2. Except as provided in subdivision (f) of this section, no person shall cause or permit a boiler to burn residual fuel oil on or after January 1, 2020.
  3. Except as provided in subdivision (f) of this section, no person shall cause or permit a boiler to burn fuel oil grade no. 4 on or after January 1, 2030, or for a boiler used to generate electricity and/or steam in an electric, steam, or combined electric and steam generation facility, on or after January 1, 2025.
  4. No person shall cause or permit the use of a kind or grade of fuel in a diesel powered generator other than ultra low sulfur diesel.
  5. Notwithstanding any other provision of this section, at the election of the owner or operator of a boiler used to generate electricity and/or steam in an electric, steam, or combined electric and steam generation facility, residual fuel oil may be burned in such boiler until December 31, 2021, if such owner or operator notifies the department of such election on or before June 30, 2019, in a form and manner established by the department, and provided further that on and after January 1, 2022, no person shall cause or permit such boiler to burn residual fuel oil or fuel oil grade no. 4.

§ 24-168.1 Clean heating oil.

(a) Definitions. For the purpose of this section, the following terms shall have the following meanings:

   District steam system. The term “district steam system” means a system for the production of steam and for its transmission and distribution through underground pipelines to multiple buildings.

   Heating oil. The term “heating oil” means oil refined for the purpose of use as fuel for combustion in a heating system and that meets the specifications of ASTM designation D 396-12 or other specifications as determined by the commissioner.

   Heating system. The term “heating system” means a system that generates heat, hot air, hot water or steam by combustion and distributes it within a building, provided that “heating system” shall not include wood burning stoves.

      1. No person shall cause or permit the use in any building in the city or delivery to any building in the city for use in such building, heating oil that is fuel oil grade no. 2 if such heating oil contains:

         (A) less than two percent biodiesel by volume, after October 1, 2012;

         (B) less than five percent biodiesel by volume, on and after October 1, 2017;

         (C) less than ten percent biodiesel by volume, on and after the later of October 1, 2025;

         (D) less than fifteen percent biodiesel by volume, on and after the later of October 1, 2030; and

         (E) less than twenty percent biodiesel by volume, on and after the later of October 1, 2034.

      (ii) No person shall cause or permit the use in any building in the city or delivery to any building in the city for use in such building, heating oil that is fuel oil grade no. 4 if such heating oil contains:

         (A) less than two percent biodiesel by volume, after October 1, 2012; and

         (B) less than five percent biodiesel by volume, on and after October 1, 2017.

      (iii) No person shall cause or permit the use in any building in the city or delivery to any building in the city for use in such building, heating oil that is residual fuel if such heating oil contains:

         (A) less than two percent biodiesel by volume, after October 1, 2012; and

         (B) less than five percent biodiesel by volume, on and after October 1, 2017.

   (2) The provisions of this subdivision shall not apply to the use of heating oil or delivery of heating oil for use in:

      (i) An emergency generator;

      (ii) A boiler where heating oil from a dual-use tank supplies both such boiler and an emergency generator; or

      (iii) A backup heating oil tank for a building that uses natural gas as the primary fuel where such heating oil contains greater than five percent biodiesel by volume.

   (3) (i) No later than January 1, 2020, an office or agency designated by the mayor shall submit to the mayor and speaker of the council, and make publicly available online the results of a survey seeking to identify commonly used heating oil equipment in the city that may encounter compatibility issues, including warranty issues, with the use of heating oil containing ten to twenty percent biodiesel by volume and (A) recommending that such equipment be exempted permanently or temporarily from the requirements of clause (C), (D) or (E) of subparagraph (i) of paragraph one of this subdivision, (B) recommending a waiver system for such equipment with respect to the requirements of such clauses or (C) recommending other safeguards or actions for such equipment with respect to the requirements of such clauses. In making such identifications and recommendations, such office or agency shall consult with other relevant offices or agencies, representatives of the heating oil industry, representatives of the biodiesel industry, heating oil equipment manufacturers, building owners and managers and any other person or group with expertise that could assist such office or agency in making such identifications and recommendations. While the survey may identify certain heating oil equipment that may encounter compatibility issues with the use of heating oil containing ten to twenty percent biodiesel by volume, the survey may not identify all heating oil equipment that may pose a risk of incompatibility. Compatibility issues should be addressed with individual manufacturers and the absence of heating oil equipment from the survey should not be construed to mean that the heating oil equipment does not have compatibility issues. The survey is intended to provide guidance to property owners about compatibility issues with commonly used heating oil equipment in the city, if any, and to provide recommendations to the commissioner concerning such issues.

      (ii) No later than July 1, 2020, the commissioner shall adopt rules implementing any such recommendations it deems appropriate.

   (4) In 2023, by no later than September 30, the commissioner shall submit to the mayor and the speaker of the council, and make publicly available online, a report on whether a sufficient quantity of biodiesel is expected to be available to meet the requirements of clauses (C), (D) and (E) of subparagraph (i) of paragraph one of this subdivision.

   (5) The commissioner may authorize the use of any renewable fuel in heating systems if the commissioner determines that such fuel meets an applicable ASTM International standard or other standard as determined by the commissioner, and the emissions from such fuel contain equal or lesser amounts of particulate matter, sulfur dioxide, nitrogen oxides and lifecycle greenhouse gas emissions, as such term is defined in 42 U.S.C. § 7545, than the emissions from the heating oil required to be used pursuant to paragraph one of this subdivision.

  1. The commissioner may waive the requirements of paragraph one of subdivision b of this section in accordance with the provisions of this subdivision.

   (1) A waiver may be issued for a particular type of boiler or fuel if the commissioner finds that:

      (i) a sufficient quantity of bioheating fuel is not available in the city for that boiler type;

      (ii) (A) the price of available bioheating fuel for that boiler type is at least fifteen percent more than the price of a comparable fuel oil grade of one hundred percent petroleum heating oil or

         (B) the average price of available bioheating fuel for that boiler type for the preceding calendar year is at least eight percent more than the average price of a comparable fuel oil grade of one hundred percent petroleum heating oil for such year;

      (iii) the use of bioheating fuel would void the manufacturer’s warranty for that boiler type or the manufacturer has certified that the use of bioheating fuel would cause compatibility issues with the boiler that do not have a technical solution or for which a technical solution would exceed fifteen percent of the replacement costs of a new, compatible boiler; or

      (iv) there is no applicable ASTM International standard or other standard as determined by the commissioner to govern the specification of the bioheating fuel for purposes of receiving bids and enforcing contracts.

   (2) Any waiver issued pursuant to subparagraph (i) or (ii) of paragraph one of this subdivision shall expire after three months, unless renewed in writing by the commissioner.

   (3) Any waiver issued pursuant to subparagraph (iii) or (iv) of paragraph one of this subdivision shall expire after six months, unless renewed in writing by the commissioner.

   (4) A waiver may be issued for a specific district steam system if the commissioner finds based on documentation submitted by the applicant, including but not limited to a report certified by a professional engineer, that compliance with the requirements of paragraph one of subdivision b of this section would result in damage to equipment used to generate steam within such district steam system. Any waiver issued pursuant to this paragraph shall expire after one year, unless renewed in writing by the commissioner.

   (5) Upon application by the owner of a boiler, the commissioner may waive the requirements of paragraph one of subdivision b of this section for such boiler if such application is submitted to the commissioner on or before October 1, 2017, and such owner shows, to the satisfaction of the commissioner, that (i) such boiler was installed on or before October 1, 2017, (ii) residual fuel was used in such boiler on or before October 1, 2017, and (iii) such boiler is not equipped with valves or seals of a type and material that are appropriate for use with fuel oil that meets the requirements of paragraph one of subdivision b of this section, as set forth in rules promulgated by the commissioner, or compliance with the requirements of paragraph one of subdivision b of this section would otherwise result in damage to such boiler as set forth in rules promulgated by the commissioner. Any waiver issued pursuant to this paragraph shall expire after six months.

   (6) When issuing a waiver for a boiler pursuant to paragraph five of this subdivision, the commissioner shall order the owner of such boiler to undertake such repairs or improvements to such boiler as may be necessary for such boiler to safely comply with the requirements of paragraph one of subdivision b of this section. Upon completion of such repairs or improvements, such owner shall submit a certification that such repairs or improvements were completed, signed by the person who performed such repairs or improvements, to the commissioner. An owner who fails to comply with such order or to submit such certification before such waiver expires shall be subject to a civil penalty of $5,000.

    1. No later than September 1, 2013, and no later than September 1 of every year thereafter, the commissioner shall submit a report to the mayor and the speaker of the council, which shall include:

      (i) all waivers, findings and renewals of such findings issued pursuant to this section during the immediately preceding calendar year;

      (ii) a summary of the information received pursuant to subdivision e of this section;

      (iii) all waivers, findings and renewals of such findings issued pursuant to subdivision b of section 24-169 of this code during the immediately preceding calendar year; and

      (iv) determinations made by the commissioner regarding renewable biomass pursuant to paragraph two of subdivision b of this section and any recommendations with respect to the use of renewable biomass in the city, considering appropriate standards and experiential use.

   (2) The report required pursuant to this subdivision may be satisfied by including such information in the management report and preliminary management report made public and submitted to the council by the mayor pursuant to section twelve of the New York city charter.

    1. The commissioner shall require persons who supply heating oil directly to buildings in the city to disclose annually to the commissioner the following information regarding fuel oil supplied:

      (i) the amount in gallons of each fuel oil grade supplied by such person to buildings by zip code; and

      (ii) the average percentage of biodiesel blended into each fuel oil grade supplied by such person within the city and the types of feedstock used in the creation of such biodiesel.

   (2) The commissioner shall prescribe the form in which required information shall be reported annually to the department. Such form shall be certified by the person supplying the information as to the completeness and accuracy of the information provided.

   (3) The department shall require that records be maintained to substantiate the information provided pursuant to this subdivision and that such records shall be made available for inspection and audit by the department for a period up to three years.

  1. The department shall require that building owners who receive shipments of heating oil maintain such records as may be required by the commissioner by rule and make available such records for inspection and audit by the department for a period of up to three years. Such records may be maintained electronically.
  2. The term “fuel oil” as used in any provision of the administrative code of the city of New York or the rules of the city of New York shall be deemed to include heating oil that is fuel oil grade no. 2, no. 4 or no. 6 containing biodiesel.
  3. The commissioner shall have the authority to sample, test and analyze heating oil supplied to buildings in the city to determine compliance with this section. No later than six months after the end of each fiscal year, the commissioner shall submit to the mayor and the speaker of the council, and make publicly available online, a report detailing enforcement efforts taken pursuant to this subdivision, including the following information disaggregated by borough: (i) the number of such samples tested and analyzed during the fiscal year, disaggregated by the source of such sample, (ii) the results of such testing and analysis and (iii) the number of violations issued as a result of such testing and analysis, disaggregated by the type of entity receiving such violation.
  4. Use of biodiesel for heating purposes by city buildings.

   (1) After October 1, 2014, all no. 2, no. 4 and no. 6 heating oil purchased for use in any building owned by the city shall be bioheating fuel containing not less than five percent biodiesel (B5) by volume except that the provisions of this subdivision shall not apply to the use of emergency generators.

   (2) The commissioner of citywide administrative services shall institute a pilot program to use greater amounts of biodiesel in city-owned buildings. Such pilot program shall require that beginning October 1, 2014, the heating oil burned in not less than five percent of city-owned buildings shall contain at least ten percent biodiesel (B10) by volume. Such pilot program shall continue until October 1, 2015 and within six months of the conclusion of such pilot program, the commissioner of citywide administrative services shall issue a report to the mayor and the speaker of the council detailing the findings of such pilot program, including the utility of and any impediments to the use of ten percent biodiesel (B10) by volume in city-owned buildings and any recommendations for the use of ten percent biodiesel (B10) by volume in all city-owned buildings.

   (3) The commissioner of citywide administrative services in conjunction with the office of long-term planning and sustainability shall undertake a one year study on the feasibility of the use of five percent biodiesel (B5) by volume in all buildings throughout the city. Such study shall include recommendations on whether and when the city should require the use of five percent biodiesel (B5) by volume in heating oil in all buildings and shall be issued to the mayor and the speaker of the council by April 2, 2015.

§ 24-169 Sulfur content of fuel restricted.

Except for ocean-going vessels engaged in international or interstate trade, no person shall cause or permit the use, or if intended for use in the city of New York, the purchase, sale, offer for sale, storage or transportation of:

  1. Fuel oil grade no. 2 that contains more than the amount of sulfur set forth in section 19-0325 of the environmental conservation law or as provided by an executive order of the governor issued pursuant to such section.
  2. Residual fuel oil and fuel oil grade no. 4 that contain more than the following percentages of sulfur by weight:

   (1) for residual fuel oil 0.30 percent and

   (2) for fuel oil grade no. 4 more than 0.15 percent, provided that the commissioner may waive the requirements of this paragraph if the commissioner finds that there is an insufficient quantity of fuel oil grade no. 2 that contains no more than 0.0015 percent of sulfur by weight. Any waiver issued pursuant to this subdivision shall expire after three months, unless renewed in writing by the commissioner. The percentage provided in paragraph one of this subdivision shall apply as the maximum percentage for fuel oil grade no. 4 during the period such waiver is in effect.

   (c) Sulfur by weight shall be calculated by the methods of the ASTM designation D 2622-10.

§ 24-170 Reporting of fuel supplies. [Repealed.]

*§ 24-171 Sulfur exemption certificates. [Repealed.]* ::

§ 24-172 Volatile content of solid fuel restricted. [Repealed.]

*§ 24-173 Use of coal.* ::
  1. No person shall cause or permit the use of any type of coal in fuel burning equipment, except for the use of anthracite coal in one of the following:

   (1) in the generation of electricity for utilities; or

   (2) as provided in section 24-149.5 of this code.

§ 24-174 Lead content of gasoline restricted. [Repealed.]

*§ 24-175 Volatility limits on gasoline. [Repealed.]* ::

§ 24-176 Fuel information ticket required for shipment or delivery of fuel into the city of New York.

No person shall cause or permit the shipment or delivery of fuel into the city of New York for use in the city without first reporting the shipment or delivery on a form prescribed by the department to be known as a fuel information ticket. A fuel information ticket shall not be required for fuel shipped into the city of New York in the engine fuel tank of a motor vehicle. A shipment or delivery includes any sale or non-sale transaction, or any transaction between shipper and recipient who are identical.

§ 24-177 General requirements for fuel information tickets.

(a) Each fuel information ticket shall contain the following statement signed by the shipper of the fuel: "I hereby attest that I have shipped to the recipient named hereon the fuel specified in this ticket."
  1. Copies of the fuel information ticket required to be retained by the shipper of fuel by subdivision (c) of this section shall be kept at the shipper’s place of business. The copy of the fuel information ticket required to be retained by the recipient of the fuel by subdivision (c) of this section shall be kept at his or her place of business or at the place where the delivery was received.
  2. All records relating to the use of fuel, or the distribution, storage or transportation of fuel for use in the city of New York shall be retained for not less than one year and shall be kept readily available at all times during business hours for inspection by the department.
  3. This section shall apply to all shipments of fuel into the city and it shall be no defense to non-compliance that the shipment was not made pursuant to a sales transaction between the shipper and the recipient or that the shipper and the recipient are identical.

Subchapter 9: Enforcement

§ 24-178 Powers of the board.

(a) The board may, upon notice pursuant to this chapter, and after a hearing pursuant to the rules of the board:

   (1) Order the commissioner to seal any equipment or apparatus which causes or is maintained or operated so as to cause a violation of any provision of this code or order or rule promulgated by the commissioner or the board, except as provided in subdivision (b) of this section;

   (2) Order any person to cease and desist from any activity or process that causes or is conducted so as to cause, a violation of any provision of this code or any order or rule promulgated by the commissioner or the board, except as provided in subdivision (b) of this section;

   (3) (i) Impose a civil penalty in each instance in an amount as hereinafter set forth in the table of civil penalties against any person who violates any provision of this code or of any order or rule promulgated thereunder.

TABLE OF CIVIL PENALTIES    
Violation Minimum Maximum
24-108 $200 $800
24-109(a)(1)-(2) 800 3,200
24-109(a)(3)-(17) 400 1,600
24-109(f) 400 1,600
24-109(g) 400 1,600
24-111 400 1,600
24-112 400 1,600
24-113 200 800
24-118 1,600 6,400
24-120 800 3,200
24-122 800 3,200
24-123(d) 800 3,200
24-131 200 800
24-136 1,000 15,000
24-138 1,000 15,000
24-139 1,600 6,400
24-141 400 1,600
24-142 400 1,600
24-143 200 800
24-143.1 200 800
24-145 800 3,200
24-146(b)-(d) 400 1,600
24-146(e)-(f) 800 3,200
24-147 800 3,200
24-148 800 3,200
24-149 200 800
24-149.1 400 1,600
24-149.2 400 1,600
24-149.3 400 1,600
24-149.4 800 3,200
24-149.5 400 1,600
24-151 800 3,200
24-152 200 800
24-153 800 3,200
24-155 400 1,600
24-156 400 1,600
24-159 200 800
24-160 400 1,600
24-161 200 800
24-163 350 2,000
24-163.3, 24-163.5, 24-163.6, 24-163.7, 24-163.9 1,000 1 1,000 1
24-163.8 500 500
24-163.11 0 10,000 2
24-164 400 1,600
24-165 0 1,600
24-166 0 875
24-167 200 800
24-168 800 3,200
24-168.1 800 3,200
24-169 1,600 6,400
24-173 1,600 6,400
24-176 200 800
24-177 200 800
All other sections, subdivisions and paragraphs of this chapter 400 1,600

~

Plus twice the amount saved by failing to comply.

2
Plus five hundred dollars per day for each day the violation is not corrected beyond sixty days from the date of an order of the commissioner or of the chairperson of the business integrity commission to correct the violation.

      (ii) Impose a separate penalty for each day on which a violation under this code shall have occurred.

      (iii) Impose an additional civil penalty, in the amount of ten per cent (10%) of the penalty originally imposed, for late payment of a penalty for each month or part thereof that the penalty payment is in arrears. In no event shall the total additional civil penalty exceed the maximum set forth in the table of civil penalties.

   (4) Impose a civil penalty of not less than one thousand nor more than four thousand dollars on any person who willfully breaks, or causes or permits the breaking of, a seal placed on equipment pursuant to this section.

  1. The board may, upon notice pursuant to section 24-180 of this code, order any person to:

   (1) Cease and desist from the installation or alteration of equipment or apparatus, without a permit as required by section 24-120 of this code;

   (2) Cease and desist from the operation of any equipment or apparatus without a certificate and the board may also order the commissioner to seal any such equipment or apparatus;

   (3) Cease and desist from the spraying of insulating material on, or the demolition of, any building or structure which does not conform to the requirements of section 24-109 or 24-146 of this code or any rule promulgated thereunder. The board may also order the commissioner to seal any equipment used therefor.

  1. The board may order the commissioner to install any apparatus or to clean, repair, or alter any equipment or apparatus which causes or is maintained or operated so as to cause a violation of an order issued pursuant to paragraph two of subdivision (a) of this section, where such installation, cleaning, repairing, or alteration can reasonably be expected to correct such a violation. Any work required under such an order may be executed by the commissioner through the officers, agents or contractors of the department. The department shall be reimbursed promptly for all costs and expenses of such work by the owner of the equipment or apparatus to which the order relates and in respect to which such expenses were incurred. Such expenses may be recovered in a civil action brought in the name of the commissioner.
  2. If an order of the board issued pursuant to subdivisions (a) and (b) of this section provides for a period of time during which a person subject to the order is permitted to correct a violation, the board may require the respondent to post a performance bond or other security with the department in a form and amount sufficient to assure the correction of such violation within the prescribed time. In the event of a failure to meet the schedule prescribed by the board, the sum named in the bond or other security shall be forfeited and shall be paid to the commissioner.
  3. The board may order any person to cease and desist from an activity which it reasonably believes causes an emission of an air contaminant which creates an imminent peril to the public health. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to the rules of the board. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subdivision.

Editor’s note: this section was repealed and re-enacted by L.L. 2015/038.

§ 24-179 The board. [Repealed.]

*§ 24-180 Notice of violation.* ::
  1. Notice, required by this subchapter, shall be given by issuance of a notice of violation.
  2. Whenever the commissioner has reasonable cause to believe that a violation of any provision of this code or any order or rule promulgated thereunder may exist, he or she may cause to have a notice of violation issued and served on:

   (1) The person in violation; or

   (2) An owner of the equipment in violation.

  1. A notice of violation shall include the information specified in the rules of the board.

§ 24-181 Written response. [Repealed.]

*§ 24-182 Citizen's complaint.* ::
  1. Any natural person, other than personnel of the department and other employees of the city of New York authorized by law to serve summonses for violations of the code, may serve upon the department a complaint, in a form prescribed by the department, alleging that a person has violated any provision of this code or order or regulation promulgated by the commissioner or the board, except with respect to sections 24-143 and 24-163 of this code, but still applicable to buses as defined in section one hundred four of the vehicle and traffic law and trucks as defined in section one hundred fifty eight of the vehicle and traffic law, together with evidence of such violation. With respect to section 24-142 of this code, only such person who has been certified as a smoke watcher, by passing a course of smoke observation approved by the department within three years prior to the observation, may serve such complaint.
  2. A person who has served a complaint pursuant to subdivision (a) of this section may serve upon the person allegedly in violation, and file with the office of administrative trials and hearings pursuant to section 1049-a of the charter, a notice of violation in a form prescribed by such office within forty-five days from service of such complaint if:

   (1) The department has failed to serve a notice of violation, pursuant to the rules of the environmental control board within the office of administrative trials and hearings, for the violation alleged in a complaint pursuant to subdivision (a) of this section; or

   (2) The department fails to serve a written notice upon the complainant of its determination that his or her complaint is frivolous or duplicitous.

  1. A person commencing a proceeding pursuant to this section shall provide notice to the department at the time of commencement and prosecute such proceeding at his or her own expense. The department may intervene in such a proceeding at any time.
  2. In any proceeding brought by the department after receiving a complaint, pursuant to subdivision (a) of this section, the office of administrative trials and hearings pursuant to section 1049-a of the charter shall award the complainant, out of the proceeds collected, twenty-five percent of such proceeds, for disclosure of information or evidence, not in the possession of the department prior to the receipt of the complaint by the department, which leads to the imposition of the civil penalty.
  3. In any proceeding brought by a complainant pursuant to subdivision (a) of this section, such office shall award, out of the proceeds collected, fifty percent of any civil penalty as fair and reasonable compensation to such person.
  4. On or before January 1, 2019, the department shall publish on the city’s website information related to best practices for filing citizen complaints pursuant to this section. Such information shall include but need not be limited to guidance on procedures for filing such complaints and for gathering supporting documentation.

§ 24-183 Adjudication, settlement and settlement by stipulation.

The adjudication, settlement or settlement by stipulation of any notice of violation issued pursuant to this subchapter shall be in accordance with section 1049-a of the New York city charter and the applicable rules of the board.

§ 24-184 Hearings. [Repealed.]

*§ 24-185 Default; vacating a default order. [Repealed.]* ::

§ 24-186 Hearing officer’s decision. [Repealed.]

*§ 24-187 Board decision and order. [Repealed.]* ::

§ 24-188 Compliance with board decisions; orders and civil penalties. [Repealed.]

*§ 24-189 Procedural rules.* ::

The board shall have authority from time to time to make, amend, and rescind such procedural rules as may be necessary to carry out the provisions of this subchapter.

§ 24-190 Criminal penalties; fines and imprisonment.

(a) Any person who shall knowingly make a false statement or who shall knowingly falsify or allow to be falsified any certification, registration, form, signed statement, application or report required under the provisions of this code or regulation promulgated by the commissioner or the board shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not to exceed five months, or both.
  1. Any person, other than a corporation, who violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code or who illegally breaks a seal on equipment, upon conviction shall be punished for each offense by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not more than thirty days or by both. Any corporation which violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code, or which illegally causes a seal to be broken, upon conviction shall be punished for each offense by a fine of not less than one hundred dollars nor more than two thousand dollars. Every day during which such violation occurs constitutes a separate offense.
  2. The failure of any shipper or recipient to keep on file the fuel information tickets as required by section 24-177 of this code shall be deemed a separate and distinct violation as to each such ticket, and upon conviction thereof he or she shall be punished for each offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.
  3. Any shipment or delivery of fuel except in the manner provided for in this code shall be deemed a separate and distinct violation as to each such shipment or delivery and upon conviction thereof the shipper shall be punished for each offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than thirty days, or by both fine and imprisonment.
  4. Any shipper or recipient of fuel who shall in any manner misrepresent any of the information required to be contained in the fuel information ticket shall be guilty of a violation of this code and upon conviction thereof shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment for not more than sixty days or by both such fine and imprisonment.
  5. Any person convicted of violating any of the provisions of this code or any regulation of the board not otherwise provided for by this section shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for twenty days or both for the first offense, and by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment for not more than thirty days or both for a second offense, and by a fine of not less than four hundred dollars nor more than five thousand dollars or by imprisonment for not more than four months or both for a third or subsequent offense.
  6. Twenty-five percent of any fine that is imposed pursuant to this section, may be paid to the person or persons giving information which shall lead to conviction.

Chapter 2: Noise Control

Subchapter 1: Short Title, Policy and Definitions

§ 24-201 Short title.

This chapter shall be known and may be cited as the New York city noise control code.

§ 24-202 Declaration of policy.

It is hereby declared to be the public policy of the city to reduce the ambient sound level in the city, so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the city, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the city. It is the public policy of the city that every person is entitled to ambient sound levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of excessive and unreasonable noises within the city affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the city. For the purpose of controlling and reducing such noises, it is hereby declared to be the policy of the city to set the unreasonable and prohibited noise standards and decibel levels contained herein and to consolidate certain of its noise control legislation into this code. The necessity for legislation by enactment of the provisions of this chapter is hereby declared as matter of legislative determination. This code shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the emergency powers of the board of health or the right of the department of health and mental hygiene to engage in any of its necessary or proper activities. It is the intent of the council that the police department as well as other agencies of the city designated by the commissioner of the department of environmental protection shall have the authority to enforce the provisions of this code and police officers and designated employees of the department of environmental protection and of such other city agencies shall have the power to issue summonses, appearance tickets and notices of violation for violations of this code.

§ 24-203 General definitions.

When used in the New York city noise control code the following terms shall have the following meanings:

  1. A” level means the sound level as measured with a sound level meter using the “A” weighting network. The unit of measurement is the dB(A). This frequency weighting network for the measurement of sound levels shall comply with standards established by the American National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.
  2. Activity means any act or combination of acts which actually results in the production of sound.
  3. Air compressor means a device which draws in air or gas, compresses it, and delivers it at a higher pressure.
  4. Air horn means a device intended to produce a sound signal by means of compressed air or gas or exhaust gas.
  5. Airport means an area of land or water that is used or intended to be used for the landing and take off of aircraft, and includes its buildings and facilities, if any.
  6. Ambient sound means the sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of a source or sources under investigation for violation of this code and excluding the contribution of extraneous sound sources. For purposes of the enforcement of this code, the ambient sound level of a given location may be determined based upon measurements taken at a comparable site (which includes but is not limited to comparable physical locations and time of day) in the nearby area.
  7. Apparatus means any mechanism which prevents, controls, detects, measures or records the production of sound.
  8. Audible status indicator means any sound reproduction device on a motor vehicle that emits or causes to be emitted any continuous or near continuous sound (exceeding 5 seconds if tonal in nature or any duration if verbal in nature) for the purpose of warning that an audible burglar alarm has been installed on such motor vehicle and is operational or for creating the appearance that such an alarm has been installed on such motor vehicle and is operational.
  9. Authorized emergency vehicle means an authorized emergency vehicle as defined by section 101 of the vehicle and traffic law.
  10. Board means the environmental control board of the city of New York.
  11. Building means a building as defined in section 27-232 of the administrative code.
  12. Building aperture means any designed opening in a building to which a person may reasonably have access including but not limited to any door, gate, window, skylight or hatch.
  13. Burglar alarm means any sound signal device designed and intended to produce a sound signal upon unauthorized entrance by a person into a building or motor vehicle.
  14. “C” level means the sound level as measured with a sound level meter using the “C” weighting network. The unit of measurement is the dB(C). This frequency weighting network for the measurement of sound levels shall comply with standards established by the American National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.
  15. Certificate means an operating or temporary operating certificate.
  16. Charter means the New York city charter including all of its amend- ments.
  17. Circulation device means any device which circulates a gas or fluid, including but not limited to any air conditioner, pump, cooling tower, fan or blower.
  18. Claxon means any manually, mechanically, or electrically powered device, other than an emergency signal device, including but not limited to a motor vehicle horn, which is intended to, and when operated actually does, emit a sound signal.
  19. This code means the New York city noise control code.
  20. Commissioner means commissioner of environmental protection or his or her authorized representative.
  21. Construction or construction work means any or all activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines including such lines in already-constructed tunnels, or other property, including land clearing, grading, excavating and filling.
  22. Construction device means any device designed and intended for use in construction including, but not limited to any air compressor, pile driver, sledgehammer, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or electric hoist, construction vehicle or pneumatic or electric tool.
  23. Construction material means any material, regardless of composition, designed and customarily used in construction including but not limited to any rails, pillars, columns, beams, bricks, flooring, wall, ceiling or roofing material, gravel, sand, cement or asphalt.
  24. Container means any receptacle, regardless of contents, manufactured from wood, metal, plastic, paper or any other material including but not limited to any barrel, basket, box, crate, tub, bottle, can or refuse container.
  25. Decibel means the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure to the pressure of a reference sound (20 micropascals); abbreviated “dB”.
  26. Device means any mechanism which is intended to or which actually produces sound when operated or handled.
  27. Department means the department of environmental protection.
  28. Dwelling means any building lawfully occupied in whole or in part as the temporary or permanent residence of one or more natural persons.
  29. Dynamic insertion loss means the difference between two sound pressure levels which are measured at the same point in space before and after a muffler is inserted between the measurement point and the sound source under operating conditions.
  30. Emergency means a public calamity or an exposure of any person or property to imminent danger.
  31. Emergency signal device means any gong, siren whistle, or siren or any air horn or any similar device the use of which on authorized emergency vehicles is permitted by subdivision twenty-six of section three hundred seventy-five of the vehicle and traffic law.
  32. Exhaust source means a system which removes and transports air or gas from a device.
  33. Extraneous sound is sound that is intense, intermittent, not representative of the relatively steady sound levels at a given location and not attributable to a source or sources under investigation for violation of this code. Such sound includes but is not limited to sirens of passing emergency vehicles, unusually loud motor vehicle braking (screeching) or exhaust noise, people shouting, animal vocalization, passing aircraft, horn honking, car door slamming and passing trains. Notwithstanding the foregoing provision, sounds that are individually persistent or controlling of the sound level at a given location shall not be considered to be extraneous sounds if they constitute more than 50 percent of the duration of an ambient or total sound level measurement such as for example the sound of a passing aircraft at a specific location if airplanes regularly pass over such location and the proximity of such passing aircraft to the location, its sound level, and the duration of such sound level, control the sound level at the given location at the time the sound source under investigation is being measured. For the purposes of the enforcement of this code, extraneous sounds are excluded when measuring the ambient sound level at a given location and when measuring the sound level of a source or sources under investigation for violation of this code except where such sounds are themselves under investigation for violation of this code.
  34. Impulsive sound is sound that is of short duration, where each peak of sound lasts 2 seconds or less. The sound is characterized by abrupt onset and rapid decay. As used in this code, the term impulsive sound shall not include music.
  35. Internal combustion engine means a device for the production of energy by means of the combustion under pressure of fossil fuel.
  36. Lawn care device means any device powered mechanically, by electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used or is actually used for the mowing of grass, the cutting or chipping of trees, tree roots or tree branches, or the clearing of leaves or other vegetation from lawns, sidewalks, public streets or public highways and shall include, but not be limited to, such devices as lawn mowers and lawn mower attachments, lawn edgers, leaf blowers, leaf vacuums, mulchers and chippers.
  37. Lmax means the maximum measured sound level at any instant in time.
  38. Motor vehicle means any device which is propelled by an engine in or upon which a person or material may be transported on the ground and which is intended to be operated upon a public highway.
  39. Muffler means an apparatus generally consisting of but not limited to a series of chambers or baffles for the purpose of transmitting gases while reducing sound levels.
  40. Owner means and includes the owner of the freehold of the premises or lesser estate therein, or mortgagee thereof, a lessee or agent of any of the above persons, a lessee of a device or his or her agent, a tenant, operator, or any other person who has regular control of a device or an apparatus.
  41. Paving breaker means any powered construction device intended to cut or trench pavement, subbase macadam, gravel, concrete or hard ground.
  42. Person means any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof.
  43. Personal audio device means a portable sound reproduction device as normally and customarily used for personal purposes including but not limited to a personal radio, phonograph, television receiver, tape recorder or compact disc player. For the purposes of this definition such term shall include a sound reproduction device installed in or operated from a motor vehicle whether or not portable.
  44. Plainly audible sound means any sound for which any of the content of that sound, such as, but not limited to comprehensible musical rhythms, is communicated to a person using his or her unaided hearing faculties. For the purposes of the enforcement of this code, the detection of any component of music, including but not limited to the rhythmic bass by a person using his or her unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of such music. In the case of motor vehicles the detection of the sound of a muffler or of an exhaust by a person using his or her unaided hearing faculties is sufficient to verify plainly audible sound. Plainly audible sound does not require measurement with a sound level meter.
  45. Power tool means any device powered mechanically, by electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used or is actually used for, but shall not be limited to, the performance of such functions as cutting, nailing, stapling, sawing, vacuuming or drilling.
  46. Public right-of-way means a public highway, road, street, avenue, alley, driveway, path, sidewalk, roadway or any other public place or public way.
  47. Railroad means a railroad, other than a rapid transit railroad or street railroad, operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities used, operated or owned by or in connection therewith.
  48. Rapid transit railroad means a rapid transit railroad used for local service in the transportation of passengers as a common carrier for hire together with the appurtenances, facilities and equipment thereof.
  49. Receiving property means real property, including but not limited to buildings, grounds, offices and dwelling units, from which sound levels from sound sources outside such property may be measured. For the purposes of this definition, individual offices or dwelling units within a building may constitute a receiving property.
  50. Refuse collection vehicle means a motor vehicle designed or used to remove, collect, or transport refuse, solid waste or recyclables.
  51. Sound means an oscillation in pressure, stress, particle displacement, particle velocity, etc., in a medium with internal forces (e.g., elastic, viscous), or the superposition of such propagated oscillation which evokes an auditory sensation.
  52. Sound level meter means any instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner and which complies with standards established by the Amercian National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.
  53. Sound pressure level (decibels) means an expression of the acoustic pressure calculated as twenty times the logarithm to the base ten of the ratio of the root mean square of the pressure of the sound to the reference pressure, 20 micropascals.
  54. Sound reproduction device means a device intended primarily for the production or reproduction of sound, including but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph or electronic sound amplifying system.
  55. Sound signal means any sound produced by a sound signal device designed to transmit information.
  56. Sound signal device means a device designed to produce a sound signal when operated, including but not limited to any claxon, air horn, whistle, bell, gong, siren, but not an emergency signal device.
  57. Sound source means any activity or device that emits sound.
  58. This code means the New York city noise control code.
  59. Total sound level means that measured sound level that represents the combined sound level of the source or sources under investigation and the ambient sound level. Total sound level measurements shall exclude extraneous sound sources.
  60. Tunnel means an underground passage which is intended for use as a railway, aqueduct, road, sewer or major utility artery.
  61. Tunneling means any activity necessary or incidental to the construction of any tunnel, including the sinking of shafts to tunnel or to an intermediate level and the surface activities required to sink the shafts and construct the tunnel.
  62. Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, injures or endangers the health or safety of a reasonable person of normal sensitivities or which causes injury to plant or animal life, or damage to property or business.
  63. Refuse collection facility means any structure, building or other premises at which solid waste is received for the purpose of subsequent transfer to another location regardless of whether such solid waste is subject to any processing or reduction in volume at such structure, building or premises.

Subchapter 2: General Provisions

§ 24-204 General powers of the commissioner.

(a) Subject to the provisions of this code, the commissioner may take such action as may be necessary to abate a sound source which causes or may cause, by itself or in combination with any other sound source or sources, an unreasonable or prohibited noise. The commissioner may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code.
  1. The commissioner shall promulgate such rules as are necessary to effectuate the purposes of this code, including, without limitation, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices, or sound mitigation equipment or devices.
  2. The commissioner shall promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this code, provided that such standards and procedures are substantially in compliance with any similar standards and procedures promulgated by the American National Standards Institute, International Standards Organization, Society of Automotive Engineers, Compressed Air and Gas Institute, American Society of Heating, Refrigeration, and Air Conditioning Engineers, American Refrigeration Institute or any generally recognized professional standard-setting organization.
  3. The police department, as well as other agencies of the city designated by the commissioner, shall have the authority to enforce the provisions of this code and police officers and designated employees of the department and of such other city agencies shall have the power to issue summonses, appearance tickets and notices of violation for violations of this code.

§ 24-205 Investigations and studies by the commissioner.

(a) The commissioner may make or cause to be made any investigation or study which in his or her opinion is desirable for the purpose of enforcing this code or controlling or abating an unreasonable or prohibited noise. For such purposes, the commissioner may make tests, conduct hearings, compel the attendance of witnesses, and take their testimony under oath and may compel the production of books, papers and other things reasonably necessary to the matter under consideration.
  1. The commissioner shall study and propose strategies to control and/or reduce sound levels associated with airports, rapid transit and railroad operations and within twenty-four months of the effective date of this section shall report to the mayor his or her findings and recommendations, specifically identifying those recommendations that may only be implemented through state or federal legislation or rules.
  2. The commissioner, in conjunction with the police department, shall study noise abatement strategies for audible motor vehicle burglar alarms and within twenty-four months of the effective date of this section shall report to the mayor his or her findings and recommendations.
  3. The commissioner, in conjunction with the police department, shall study on an ongoing basis emerging technology in acoustical measurement and shall periodically report to the mayor his or her findings and recommendations regarding the testing and potential use of equipment for enforcement of this code. In conjunction with such study, the commissioner may issue a request for expressions of interest to determine new and emerging technological solutions for accurate and efficient measurement of sounds as enumerated in this code.
  4. The commissioner shall study the impact of motor vehicle back-up warning devices installed on motor vehicles on ambient sound levels and within twenty-four months of the effective date of this section shall report to the mayor his or her findings and recommendations, specifically identifying those recommendations that may only be implemented through state or federal legislation.

§ 24-206 Testing by order of the commissioner.

(a) If the commissioner has reasonable cause to believe that any device is in violation of this code, the commissioner may order the owner of the device to conduct such tests as are necessary in the opinion of the commissioner to determine whether the device or its operation is in violation of this code and to submit the test results to the commissioner within ten days after the tests are completed.
  1. Such tests shall be conducted in a manner approved by the commissioner. If any part of the test is conducted at a place other than the site where the device is located, that part of the test shall be certified by a laboratory acceptable to the commissioner. The commissioner may require that the entire test results shall be reviewed and certified by (i) a professional engineer with acoustical experience as specified in the rules of the department or (ii) a noise consultant with qualifications of education and/or acoustical experience as set forth in the rules of the department.
  2. If in the opinion of the commissioner, tests by the department are necessary, the commissioner may order the owner to provide such access to the device as the commissioner may reasonably request, to provide a power source suitable to the points of testing, and to provide allied facilities, exclusive of sound level meter. These provisions shall be made at the expense of the owner of the device. The owner shall be furnished with copies of the analytical results of the data collected.
  3. If after the analysis of such testing, it is determined by the commissioner that such device or devices generate sound levels that exceed the limits of this code, the commissioner may make recommendations for modifications and/or mitigation measures to bring such device or devices into compliance.
  4. The commissioner may issue a separate notice of violation for every 24-hour period of noncompliance with the orders of the commissioner issued pursuant to this section.

§ 24-207 Inspection.

(a) The department may inspect at any reasonable time and in a reasonable manner any device which creates or may create unreasonable or prohibited noise including but not limited to the premises where the device is used.
  1. The department may inspect at any reasonable time and in a reasonable manner any record relating to a use of a device which creates or may create unreasonable or prohibited noise.
  2. No person shall refuse entry or access into the public areas of a multiple dwelling or a place of business to an authorized employee of the department or other authorized city employee who presents appropriate credentials, nor shall any person refuse entry or access into any other portion of a premises to an authorized employee of the department or other authorized city employee who presents appropriate credentials and a warrant for such inspection.
  3. No person shall refuse to allow an authorized employee of the department or other authorized city employee who presents appropriate credentials to perform reasonable sound testing on any device or devices, including but not limited to requiring the temporary shutting down of said device or devices for the purposes of such testing except that upon a showing that the inspection would produce a noticeable interruption of services that would cause discomfort to employees or customers or require a building engineer or other professional to work with the equipment, such authorized employee shall reschedule the inspection for a more convenient time.
  4. The commissioner shall adopt rules prescribing specific time frames for inspections in response to after hours noise complaints received by the department in order to ensure that such inspections are most likely to occur at (i) a time that the alleged noise is continued from the time of the complaint or (ii) at a time when the alleged noise is likely to be repeated.

*(f) The commissioner shall publish on the city’s website the manner by which noise levels shall be measured during inspections conducted pursuant to this section and in accordance with section 24-217.1 which shall be available online.

*(f) By no later than January 31 of each year, the department shall submit to the mayor and the council, and publicly post on its website, a report, containing, at a minimum, for the previous calendar year:

  • Editor’s note: there are two subsections designated as (f).

   (i) the number of inspectors employed by the department;

   (ii) the number of complaints regarding noise received by the department, disaggregated by the type of noise;

   (iii) the number of after hours noise complaints responded to within the amount of time prescribed by rule as well as the number of duplicative after hours noise complaints;

   (iv) the number of non-violation resolutions to complaints;

   (v) the number of noise related violations issued;

   (vi) the number of such violations which were dismissed;

   (vii) the amount of civil penalties which were paid pursuant to such violations;

   (viii) the number of alternative noise mitigation plans approved pursuant to section 24-221 of this code; and

   (ix) the number of written stop work orders issued pursuant to section 24-223.1 of this code.

§ 24-208 Registrations.

(a) The commissioner may require the written registration of air compressors, paving breakers, refuse compacting vehicles and rapid transit railroads, including but not limited to its rolling stock, track and trackbeds, passenger stations, circulation devices rated 300,000 BTUs or higher, tunnels, elevated structures, yards, depots and garages. A period of sixty days shall be allowed for the filing of such registration measured from the date such registration is required by the commissioner or with respect to devices installed after such requirement is instituted measured from the date of installation. However, in cases of emergency, the commissioner may designate a shorter period of time.
  1. Registration shall be made on forms furnished by the department. The forms may require information concerning the device covered by the registration, the sound level caused by the device or any additional information required by the commissioner for the purpose of enforcing this code. The registrant shall maintain the registration in current status by notifying the department of any change in any item of information furnished in compliance with this subdivision within a reasonable time not exceeding thirty days after the change is made.
  2. Registration shall be made by the owner of the device. If a registrant is a partnership or group other than a corporation, the registration shall be made by one individual who is a member of the group. If the registrant is a corporation, the registration shall be made by an officer of the corporation.

§ 24-209 Interfering with or obstructing department personnel.

No person shall interfere with or obstruct the commissioner or any department employee in carrying out any duty for the commissioner or the board.

§ 24-210 False and misleading statements; unlawful reproduction or alteration of documents.

(a) No person shall knowingly make a false or misleading statement or submit a false or misleading document to the department as to any matter within the jurisdiction of the department.
  1. No person shall make, reproduce or alter or cause to be made, reproduced or altered a tunneling permit, certificate or other document issued by the commissioner or required by this code if the purpose of such reproduction or alteration is to evade or violate any provision of this code or any other law.

§ 24-211 Display of permits and certificates.

Any tunneling permit or certificate required by this code shall be displayed in the vicinity of the device on the premises designated on the tunneling permit or certificate or in the vicinity of the place where the device will be operated or supervised.

§ 24-212 Enforcement of code by other than compulsory means.

Nothing in this code shall prevent the commissioner from making efforts to obtain voluntary compliance by way of warning, notice or educational means. However, such noncompulsory methods need not be used before proceeding by way of compulsory enforcement.

§ 24-213 Service of papers.

(a) Service of any written notice, order or decision required by this code shall be made on the owner as follows:

   (1) Either by mailing the notice, order or decision directed to the owner of the device at the address listed in his or her application, tunneling permit or operating certificate or at the address where the device is located; or

   (2) By leaving the notice, order or decision with the owner of the device, or if the owner is not an individual, with a member of the partnership or group concerned or with an officer or managing agent of the corporation.

  1. Service of any written notice, order or decision required by this code shall be made on a person:

   (1) Either by mailing the notice, order or decision directed to the person at his or her principal place of business or home address; or

   (2) By leaving the notice, order or decision with the person, or if the person is not an individual, with a member of the partnership or group concerned, or with an officer or managing agent of the corporation.

  1. Service of any written notice required by this code shall be made on the department, commissioner or board as follows:

   (1) Either by mailing the notice to the commissioner; or

   (2) By leaving the notice at the department or with an employee of the department designated for this purpose.

§ 24-214 Inconsistent provisions.

Insofar as the provisions of this code are inconsistent with any provision of any other title of the code, or any rule or regulation of any governmental agency of the city of New York, the provisions of this code shall be controlling.

§ 24-216 Noise abatement contract compliance.

(a) (1) Contract. As used in this section, the term "contract" means any written agreement, purchase order or instrument whereby the city is committed to expend or does expend funds authorized by the capital budget of the city of New York in return for work, labor, services, supplies, equipment, materials, or any combination of the foregoing; however, the term "contract" shall not include:

      (i) contracts for financial or other assistance made with a government;

      (ii) contracts, resolutions, indentures, declarations of trust, or other instruments authorizing or relating to the authorization, issuance, award and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the city, or consisting thereof;

      (iii) employment by the city of officers and employees of the city.

   (2) Contracting agency. As used in this section, the term “contracting agency” means any board, bureau, department, commission or other agency of the government of the city of New York, or any official thereof, who or which is authorized to and does, on behalf of the city, provide for, enter into, award or administer contracts or any other public agency which enters into, awards or administers contracts pursuant to which funds authorized by the capital budget of the city of New York are expended.

  1. Contract provisions. No contract shall be awarded or entered into by a contracting agency, unless such contract contains provisions requiring that:

   1. Devices and activities which will be operated, conducted, constructed or manufactured pursuant to the contract and which are subject to the provisions of the code will be operated, conducted, constructed or manufactured without causing a violation of the code; and

   2. Such devices and activities incorporate advances in the art of noise control developed for the kind and level of noise emitted or produced by such devices and activities.

  1. Regulations. The commissioner may from time to time promulgate regulations setting forth such specifications for the operation, conducting, construction or manufacture of devices and activities pursuant to city contracts as he or she deems necessary to comply with the provisions of this section.
  2. No person shall cause or permit the operation of a device or conducting of an activity in such a way as to violate any provision of a contract required by this section or any regulation promulgated pursuant to this section.
  3. No regulations promulgated pursuant to this section shall alter the terms, conditions and specifications of a contract for which bids have been opened, at the time of issuance of such regulation.

§ 24-217 Exemptions.

The provisions of this code shall not apply to the operation or use of any organ, bell, chimes or other similar instrument from on or within any church, synagogue, mosque or other house of worship.

§ 24-217.1 Measurements.

Unless otherwise specifically provided, all sound level measurements under this code shall be taken in Lmax with the sound level meter set to slow response.

Subchapter 3: Prohibited Noise; General Prohibition

§ 24-218 General prohibitions.

(a) No person shall make, continue or cause or permit to be made or continued any unreasonable noise.

(a-1) No person shall make, continue or cause to permit or be made or continued any unreasonable noise:

   (1) for any commercial purpose or during the course of conducting any commercial activity; or

   (2) through the use of a device, other than a device used within the interior living space of an individual residential unit, installed within or upon a multiple dwelling or a building used in part or in whole for non-residential purposes.

  1. Unreasonable noise shall include but shall not be limited to sound, attributable to any device, that exceeds the following prohibited noise levels:

   (1) Sound, other than impulsive sound, attributable to the source, measured at a level of 7 dB(A) or more above the ambient sound level at or after 10:00 p.m. and before 7:00 a.m., as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way.

   (2) Sound, other than impulsive sound, attributable to the source, measured at a level of 10 dB(A) or more above the ambient sound level at or after 7:00 a.m. and before 10:00 p.m., as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way.

   (3) Impulsive sound, attributable to the source, measured at a level of 15 dB(A) or more above the ambient sound level, as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way. Impulsive sound levels shall be measured in the A-weighting network with the sound level meter set to fast response. The ambient sound level shall be taken in the A-weighting network with the sound level meter set to slow response.

  1. Notwithstanding the provisions of subdivision b of this section, where a particular sound source or device is subject to decibel level limits and requirements specifically prescribed for such source or device elsewhere in this code, the decibel level limits set forth in this section shall not apply to such sound source or device.
  2. The decibel level limits set forth in this section shall not apply to sound attributable to construction devices and activities.
  3. Where the commissioner finds that sound from any refuse collection facility regulated by the department of sanitation exceeds the decibel level limits set forth in this section, the commissioner shall order the operator of such facility to submit a certification by a professional engineer as to whether or not the facility is in compliance with the noise standards required by the department of sanitation rules (16 RCNY Ch. 4) and if not in compliance, the mitigation measures that will be undertaken to bring such facility into compliance. The testing and certification must be submitted to the department and to the department of sanitation within forty-five days after the issuance of such order. A facility that complies with an order issued pursuant to this section and with any required mitigation measures shall be deemed to be in compliance with the decibel limits of this section. With respect to any refuse collection facility owned or operated by the department of sanitation such facility shall be deemed to be in compliance with the decibel level limits of this section if it is in compliance with a best management practices plan developed in conjunction with the department. A notice of violation may only be issued for a refuse collection facility pursuant to this section where the operator of such facility fails to comply with an order of the commissioner issued pursuant to this subdivision or the mitigation measures set forth in a certification.

§ 24-218.1 Use of mobile telephones restricted in a place of public performance.

  1. Definitions. For purposes of this section:

   (1) The term “mobile telephone” shall mean a cellular, analog, wireless, digital or other similar telephone or communications device, which can be used to access two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 CFR § 20.3.

   (2) The term “use” shall mean to receive a mobile telephone call signaled by an audible sound, dial a mobile telephone, or talk or listen on a mobile telephone.

   (3) The term “place of public performance” shall mean the area, room, or chamber of any indoor theatre, library, museum, gallery, motion picture theatre, concert hall, or building in which theatrical, musical, dance, motion picture, lecture, or other similar performances are exhibited. This term shall not include any area or venue in which professional or amateur sporting events are taking place.

  1. No person shall use a mobile telephone in a place of public performance while a theatrical, musical, dance, motion picture, lecture or other similar performance is taking place.
  2. Exception. The provisions of this section shall not apply to an individual who uses a mobile telephone to contact an emergency response operator, hospital, physician’s office or health clinic, ambulance company, fire company, first aid squad or police department in an emergency situation or in any other circumstance which may be deemed an emergency.
  3. Notice to patrons.

   (1) The owner, operator, manager or other person having control of any place of public performance shall, at every theatrical, musical, dance, motion picture, lecture or other similar performance, provide prominent and conspicuous notice to patrons by means of announcement, signage, printed material, or other similar means indicating that mobile telephone use is prohibited as prescribed in subdivision b of this section. The commissioner of environmental protection may promulgate rules regarding the size, style and location of such notices, but in promulgating such rules, the commissioner of environmental protection shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such notices.

   (2) In addition, the owner, operator, manager or other person having control of any motion picture theatre in which motion pictures are exhibited to the public shall, prior to the showing of each feature motion picture, show upon the movie screen information indicating that mobile telephone use is prohibited as prescribed in subdivision b of this section.

Subchapter 4: Construction Noise Management

§ 24-219 Noise mitigation rules.

(a) The commissioner shall adopt rules prescribing noise mitigation strategies, methods, procedures and technology that shall be used where construction is occurring at any location (sites) whenever any one or more of the construction devices or activities listed below are employed or performed:

   (1) air compressors.

   (2) pile drivers.

   (3) sledgehammers.

   (4) bulldozers.

   (5) pneumatic hammers.

   (6) interior renovation as defined in such rules.

   (7) derricks.

   (8) cranes.

   (9) electric powered hoists.

   (10) off-road construction vehicles other than trucks.

   (11) pumps.

   (12) pneumatic tools.

   (13) blasting.

   (14) power tools.

   (15) tunneling machines.

   (16) construction devices with internal combustion engines.

   (17) construction devices that emit impulsive sound.

   (18) construction devices that create vibration.

   (19) metal plates used in street construction to temporarily cover excavations.

   (20) any other construction devices or activities specified in such rules.

  1. Such rules shall include but shall not be limited to:

   (1) The use of perimeter fences with acoustical insulation, where appropriate.

   (2) The use of portable barriers with acoustical insulation, where appropriate.

   (3) The use of acoustical blanket insulation, where appropriate.

   (4) Testing of exhaust mufflers and certification, in a form and manner to be specified in the rules, that mufflers meet factory specifications for noise emissions at maximum loading at the commencement of construction at the site.

   (5) The development of generic noise mitigation plans, where appropriate.

   (6) Additional mitigation measures for sensitive receptors such as hospitals and schools, where appropriate.

  1. The commissioner shall appoint an advisory committee, which shall include, but shall not be limited to, representatives of utility companies and the construction industry, including those industries related to heavy construction, persons with acoustical expertise and/or expertise regarding the health effects of noise, a representative of the city council and employees of the department and of other relevant city agencies. The committee shall provide advice and recommendations to the department relating to construction noise mitigation and shall assist the department in the development of the noise mitigation rules required by this section. The commissioner shall consult with the committee regarding any proposed amendments of such rules. In the development of such rules the commissioner shall consider factors such as the availability, cost and safety of proposed noise mitigation measures.
  2. The commissioner shall ensure that all noise mitigation plans submitted in accordance with subdivision (e) of section 24-220 and all approved alternative noise mitigation plans submitted in accordance with section 24-221 to the department after the effective date of the local law that added this subdivision are made publicly available on the city’s website.

§ 24-220 Noise mitigation plan.

(a) Each person, corporation or other business entity performing construction work in the city shall adopt and implement a noise mitigation plan for each construction site in accordance with the provisions of this subchapter and such rules whenever any one or more of the construction devices or activities listed above or in the department's rules are employed or performed at the site.
  1. Such plan shall be adopted prior to the commencement of construction at the site or, with respect to emergency work, as defined in the department’s rules, within three days thereafter, and shall apply to all work at the site throughout the construction process. The plan shall provide in detail the noise mitigation strategies, methods, procedures and technology, as prescribed in the rules of the department or specifically approved by the commissioner in accordance with section 24-221 of this code, for each device or activity employed or performed at the site. Each permit holder or other person in charge of such construction site will be accountable for compliance with such rules and shall ensure that each person performing construction work at the site shall be aware of the plan and shall be responsible for complying with those provisions that affect his or her work.
  2. A copy of the plan shall be kept at the construction site and shall be displayed in a conspicuous manner on the exterior of the construction site and made accessible for inspection by the public and persons authorized to enforce the provisions of this code provided that where there are no exterior structures on the construction site such plan need only be kept at the site and made accessible for inspection by the public and persons authorized to enforce the provisions of this code.
  3. The plan shall be amended whenever additional devices or activities unforeseen at the commencement of construction are employed at the site or at the direction of the commissioner in accordance with section 24-223 of this subchapter.
  4. TThe plan shall be filed electronically with the department no later than 30 days after the commencement of construction if it conforms in all respects to the rules of the department with respect to construction devices and activities employed or performed at the construction site. A plan that deviates in any respect from such rules or an alternative noise mitigation plan required to be certified in conjunction with an undue hardship application pursuant to paragraph (5) of subdivision (e) of section 24-223 shall be subject to the prior approval of the commissioner in accordance with section 24-221 of this code.
  5. This section shall not apply to construction work in connection with the alteration or repair of an existing one or two family owner-occupied dwelling classified in occupancy group J-3 or a convent or rectory.

§ 24-221 Alternative noise mitigation plan.

(a) Upon application, the commissioner may approve an alternative noise mitigation plan for a particular construction site that deviates from strict compliance with the noise mitigation rules. Application for approval of such plan shall be electronically submitted to the department at least ten business days prior to the commencement of construction or as soon as practicable but no later than 24 hours prior to the commencement of construction in a form and manner and accompanied by such information and documentation as shall be set forth in the rules of the department. An application for approval may be submitted after the commencement of construction if an application includes a showing that all reasonable available mitigation measures have been implemented since the commencement of construction but aggregate sound levels from the site exceed or are reasonably anticipated to exceed one or more of the applicable limits in this chapter.

The commissioner may approve such alternative noise mitigation plan if he or she finds that:

   (1) strict compliance with the noise mitigation rules would not be possible or would create an undue hardship because of the location or unique characteristics of the site or of the construction devices or activities to be employed or performed at the site; and

   (2) the alternative noise mitigation strategies, methods, procedures or equipment proposed are consistent with the purposes and policies of this code.

  1. Where the commissioner rejects an alternative noise mitigation plan, an applicant may appeal such rejection in accordance with the rules of the department. An alternative plan shall not be in effect unless and until it has been approved by the commissioner except that where a timely alternative plan has been filed with the commissioner for approval, a construction site in compliance with such alternative plan shall be deemed to be in compliance with this section unless and until such plan is rejected by the commissioner and for a reasonable time thereafter as determined by the commissioner.
  2. Notwithstanding any other provision of this chapter, construction work performed in accordance with an approved alternative noise mitigation plan containing decibel level limits and requirements prescribed for specific sources or devices that is in full compliance with this section and the rules promulgated by the department thereunder shall be deemed to be in full compliance with all decibel level limits set forth in any other section of this chapter.

§ 24-222 After hours and weekend limits on construction work.

Except as otherwise provided in this subchapter, it shall be unlawful to engage in or to cause or permit any person to engage in construction work other than on weekdays between the hours of 7 a.m. and 6 p.m. A person may however perform construction work in connection with the alteration or repair of an existing one or two family owner-occupied dwelling classified in occupancy group J-3 or a convent or rectory on Saturdays and Sundays between the hours of 10 a.m. and 4 p.m. provided that such dwelling is located more than 300 feet from a house of worship.

§ 24-223 After hours work authorization.

(a) Notwithstanding section 24-222 of this subchapter, an agency authorized to issue permits for construction work may, along with such permit, issue an after hours work authorization for the work site. Such after hours authorization may permit construction work to be performed at the site before 7 a.m. or after 6 p.m. on weekdays and/or on Saturdays and/or Sundays subject to the conditions and restrictions set forth in this section.
  1. The agency issuing such authorization must obtain a certification from its permittee that the permittee has developed a noise mitigation plan for the site in accordance with this subchapter and that such plan is in compliance with the noise mitigation rules. In the case of emergency work such certification shall be submitted within 3 days after the commencement of the work.
  2. If after hours work at the site is not being performed in compliance with such plan or where no plan is in effect, the department or the agency issuing such authorization, at the request of the commissioner or on its own account, may take appropriate action, including but not limited to the refusal to renew such after hours authorization.
  3. During the time that an after hours authorization is in effect, notwithstanding full compliance with the noise mitigation plan the department shall issue an advisory or a violation where aggregate sound levels from the site exceed the following limits:

   (1) 8dB(A), and on or after January 1, 2020, 7 dB(A) above the ambient sound level as measured in any residential receiving property dwelling unit with windows and doors that may affect the measurement closed, or

   (2) the noise levels specified in section 24-228(a) of this code on a construction site that is not within 200 feet of a residential receptor, or

   (3) except as provided in paragraph (4) of this subdivision, 80dB(A), and on or after January 1, 2020, 75 dB(A) as measured 50 or more feet from the source or sources at a point outside the property line where the source or sources are located or as measured 50 or more feet from the source or sources on a public right-of-way when that source is within 200 feet of a residential receptor, or

   (4) 85dB(A) as measured 50 or more feet from the source or sources at a point outside the property line where the source or sources are located, or as measured 50 or more feet from the source or sources on a public-right-of-way when the source is street construction.

  1. Authorization for after hours construction work may only be issued in the following circumstances:

   (1) Emergency work. Agencies shall authorize such after hours construction work for emergency conditions, inside or outside the property line, involving a threat to public safety or causing or likely to cause the imminent interruption of service required by law, contract or franchise. An emergency authorization issued pursuant to this paragraph shall expire as determined by the agency but no later than the ninetieth day after its issuance and shall be renewable in accordance with agency procedures while the emergency continues.

   (2) Public safety. Agencies may authorize such after hours work, inside or outside of the property line, where the agency determines that the work cannot reasonably or practicably be performed on weekdays between the hours of 7 a.m. and 6 p.m. because of traffic congestion and/or concern for worker and/or public safety. An authorization issued pursuant to this paragraph shall expire as determined by the agency but no later than the ninetieth day after its issuance and shall be renewable in accordance with agency procedures.

   (3) City construction projects. Agencies may authorize after hours work by or on behalf of city agencies for projects that are judicially mandated or the subject of consent orders and/or where a project is necessary in the public interest including but not limited to facilities, equipment, and infrastructure for the provision of water, sewerage, sanitation, transportation and other services necessary for the health or safety of the public. An authorization issued pursuant to this paragraph for a city construction project shall remain in effect for the duration of the project.

   (4) Construction activities with minimal noise impact. The commissioner shall promulgate rules setting forth a list of construction activities with minimal noise impact and specific noise mitigation measures applicable to such activities. Agencies may authorize the performance of such construction activities after hours in accordance with such rules.

   (5) Undue hardship. Agencies may authorize after hours work if the commissioner certifies that the permit holder has substantiated a claim of undue hardship resulting from unique site characteristics, unforeseen conditions, scheduling commitments and/or financial considerations outside the control of the permit holder and that the applicant has received approval from the department of an alternative noise mitigation plan pursuant to section 24-221 of this subchapter, specifying the activities and devices that will be used for such after hours construction and setting forth the additional mitigation measures, above and beyond those measures otherwise required for such devices and activities pursuant to the department’s rules, that the applicant will use to significantly limit noise emissions from the site of such after hours work. Applications for such certification shall be submitted to the department in a form and manner to be set forth in the rules of the department. The applicant for an after hours authorization under this paragraph shall submit such certification to the issuing agency.

§ 24-223.1 Stop work order.

(a) Whenever the department finds that any work is being performed in violation of section 24-222 or section 24-228 or any rules promulgated thereunder, and such work poses a threat to human health and safety, the department may issue a stop work order with respect to such work or solely with respect to the equipment used for work being performed in violation of section 24-222 or 24-228.
  1. Such order may be given (i) verbally or (ii) posted at the site and served personally on or mailed to the owner, lessee or occupant of the site, or to the person executing the work at the site, or to the agent of any of them and shall include the reason for the issuance of the stop work order. A verbal stop work order shall be followed promptly by a written order in accordance with this subdivision.
  2. Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner or the head of any other agency to ensure public safety or to stabilize the site.
  3. No person shall with knowledge or notice of a stop work order allow, authorize, promote, continue or cause to be continued such work that is the subject of the stop work order.
  4. A stop work order issued pursuant to subdivision a of this section may be appealed in accordance with the rules of the department, and the commissioner shall provide notice and an opportunity to be heard within 14 days of the filing of such appeal. A stop work order shall be lifted if, upon appeal, the commissioner determines that the issuance of such order was not proper, or upon the submission of proof satisfactory to the commissioner that the requirements of such order have been satisfied. In the case of a verbal order, if the commissioner determines that the condition that gave rise to the order has been immediately corrected, including but not limited to which devices or activities may not be used or performed at the same time and which activities may be prohibited, such order shall be lifted at once and shall not be followed by a written order.

§ 24-224 Construction work without noise mitigation plan unlawful.

It shall be unlawful to perform work at any construction site in the city that is not in compliance with a noise mitigation plan where such plan is required pursuant to this subchapter and with the noise mitigation rules adopted pursuant to this subchapter.

Subchapter 5: Prohibited Noise Specific Noise Sources=msound Level Standard

§ 24-225 Refuse collection vehicles.

(a) No person shall sell, offer for sale, operate or permit to be operated a refuse collection vehicle, equipped with a compacter, that produces a maximum sound level when the compacting mechanism is in the compacting cycle but not engaged in compacting a load that exceeds 80 dB(A), when measured by a sound level meter set for slow response at a distance of 35 feet or more from the compacting unit.
  1. It shall be unlawful to operate or cause to be operated a refuse collection vehicle, including such a vehicle equipped with a compacter, within 50 feet of any residential receiving property at or after 11:00 p.m. and before 7:00 a.m. if the aggregate sound, not including impulsive sound, generated by the collection and compacting activities exceeds 85 dB(A) when measured by a sound level meter set to slow response at a distance of 35 feet or more from the vehicle. On and after July 1, 2012 such aggregate sound shall not exceed 80 dB(A). The provisions of this subdivision shall not apply to the operation of refuse collection vehicles during an emergency such as a storm or other event that causes delays in refuse collection.

§ 24-226 Air compressors.

(a) No person shall operate or cause to be operated an air compressor unless it is equipped with an appropriate muffler with no exhaust leaks.
  1. No person shall sell, offer for sale for use within the city of New York, or operate or permit to be operated an air compressor that, when operated, produces a maximum sound level, when measured at a distance of one meter or more from the nearest major surface of such air compressor, exceeding 80 dB(A) for sizes greater than 350 cfm or exceeding 75 dB(A) for sizes 350 cfm or less.
  2. Except for construction work outside the property line on a public right-of-way, no person shall operate or permit to be operated an air compressor so as to generate sound levels in excess of 75 dB(A) as measured at any receiving property.

§ 24-227 Circulation devices.

(a) No person shall operate or permit to be operated a circulation device in such a manner as to create a sound level in excess of 42 dB(A) when measured inside a receiving property dwelling unit. The measurement shall be taken with the window or terrace door open at a point three feet from the open portion of the window or terrace door.
  1. On and after the effective date of this section, when a new circulation device is installed on any building lot or an existing device on any building lot is replaced, the cumulative sound from all circulation devices on such building lot owned or controlled by the owner or person in control of the new device being installed or the existing device being replaced shall not exceed 45 dB(A), when measured as specified in subdivision a of this section. For a period of two years after the effective date of this section, this subdivision shall not apply to the replacement of a circulation device that was installed on any building lot prior to the effective date of this section by a device of comparable capacity.
  2. Except as otherwise provided in subdivision b of this section, with respect to circulation devices installed on any building lot prior to the effective date of this section, the sound level limit of 42 dB(A) referred to in subdivision a of this section shall apply to each individual device except that if the cumulative sound from all devices owned or controlled by the same person on a building lot exceeds 50 dB(A), when measured as specified in subdivision a of this section, the commissioner may order the owner or person in control of such devices to achieve a 5 dB(A) reduction in such cumulative sound level within not more than 12 months after the issuance of such order.
  3. The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within forty five days of the return date set forth on the notice of violation, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department’s rules that (i) permanent improvements or modifications have been made to the establishment, including but not limited to the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials; and (ii) appropriate sound measurements taken in accordance with the department’s rules substantiate that the establishment is in full compliance with the sound levels set forth in this section. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section.

§ 24-228 Construction devices.

(a) No person shall operate or use or cause to be operated or used a construction device or combination of devices in such a way as to create an unreasonable noise. For the purposes of this section unreasonable noise shall include but shall not be limited to sound that exceeds the following prohibited noise levels:

   (1) Sound, other than impulsive sound, attributable to the source or sources, that exceeds 85 dB(A) as measured 50 or more feet from the source or sources at a point outside the property line where the source or sources are located or as measured 50 or more feet from the source or sources on a public right-of-way.

   (2) Impulsive sound, attributable to the source, that is 15 dB(A) or more above the ambient sound level as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way. Impulsive sound levels shall be measured in the A-weighting network with the sound level meter set to fast response. The ambient sound level shall be taken in the A-weighting network with the sound level meter set to slow response.

   (3) Sound that exceeds the decibel levels set forth in subdivision (d) of section 24-223 during the time that an after hours authorization is required to be in effect.

  1. Where a particular sound source or device is subject to decibel level limits and requirements specifically prescribed for such source or device elsewhere in this code, such specific decibel limits shall apply to such device or source. However, if aggregate sound levels from a construction site exceed the limits set forth in this section, compliance with such specific decibel limits shall not be a defense in any proceeding relating to a violation of this section.

§ 24-228.1 Exhausts.

No person shall cause or permit discharge into the open air of the exhaust of any device, including but not limited to any steam engine, diesel engine, internal combustion engine, power tools, compressors or turbine engine, so as to create an unreasonable noise. For the purposes of this section unreasonable noise shall include but shall not be limited to sound that exceeds the prohibited noise levels set forth in section 24-228.

§ 24-229 Containers and construction material.

(a) No person shall handle or transport or cause to be handled or transported on any public right-of-way any container or any construction material in such a way as to create an unreasonable noise. For the purposes of this section unreasonable noise shall include but shall not be limited to the following prohibited noise levels:

   (1) Sound, other than impulsive sound, attributable to the source measured at a level of 10 dB(A) or more above the ambient sound level, as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way.

   (2) Impulsive sound, attributable to the source, measured at a level of 15 dB(A) or more above the ambient sound level, as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way. Impulsive sound levels shall be measured in the A-weighting network with the sound level meter set to fast response. The ambient sound level shall be taken in the A-weighting network with the sound level meter set to slow response.

  1. This section shall not apply to the operation of refuse collection vehicles regulated pursuant to section 24-225.

§ 24-230 Paving breakers.

(a) No person shall operate or cause to be operated a paving breaker, other than one operated electrically or hydraulically, unless a pneumatic discharge muffler certified by the manufacturer of such muffler to provide a dynamic insertion loss of 5 dB(A) of the sound released from the air discharge of such paving breaker is installed on such air discharge.
  1. No person shall sell, offer for sale for use within the city of New York, operate or permit to be operated a paving breaker that when operated produces a maximum sound level that exceeds 95 dB(A), when measured at a distance of one meter or more from a face of such paving breaker.

§ 24-231 Commercial music.

(a) No person shall make or cause or permit to be made or caused any music originating from or in connection with the operation of any commercial establishment or enterprise when the level of sound attributable to such music, as measured inside any receiving property dwelling unit:

   (1) is in excess of 42 dB(A) as measured with a sound level meter; or

   (2) is in excess of 45 dB in any one-third octave band having a center frequency between 63 hertz and 500 hertz (ANSI bands numbers 18 through 27, Inclusive), in accordance with American National Standards Institute standard S1.6-1984; or

   (3) causes a 6 dB(C) or more increase in the total sound level above the ambient sound level as measured in decibels in the “C” weighting network provided that the ambient sound level is in excess of 62 dB(C).

    1. The commissioner may recommend to the board that there shall be no civil penalty imposed for a first violation of this section if, within 30 days after the issuance of such violation or, if applicable, within the time granted by the commissioner pursuant to paragraph two of this subdivision, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department’s rules that (i) permanent improvements or modifications have been made to the establishment, including but not limited to the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials and (ii) appropriate sound measurements taken in accordance with the department’s rules substantiate that the establishment is in full compliance with the sound levels set forth in this section. If the commissioner accepts such certification of compliance, he or she shall recommend to the board that no civil penalty shall be imposed for the violation. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section.

   (2) Where the completion of appropriate permanent improvements or modifications and testing within 30 days after the issuance of the violation would cause the respondent undue hardship, the respondent may apply to the commissioner for additional time to submit an appropriate certification of compliance, but not more than 30 days. Application for such additional time must be submitted to the commissioner within 30 days after the issuance of the violation along with an admission of liability and appropriate documents in support of the claim of undue hardship.

   (3) Nothing in this subdivision shall be construed to prohibit enforcement personnel from issuing additional notices of violation, summonses or appearance tickets where sound levels exceed the limits set forth in subdivision a of this section during the periods of time set forth in paragraphs one and two of this subdivision for submission of a certification of compliance for a first violation.

  1. In any proceeding under this section it shall be an affirmative defense that the receiving property dwelling unit was not lawfully occupied at the time of the violation.
  2. The commissioner may grant a variance from strict application of the limits set forth in subdivision (a) of this section for a commercial establishment or enterprise that was in operation at the same site prior to the date of enactment of the local law that added this section if he or she finds that there are practical difficulties or unnecessary hardship in the application of such provisions in the specific case, provided that as a condition to the grant of any such variance, sufficient evidence or data is submitted by an applicant that there are physical conditions or zoning district conditions, including irregularity in lot size characteristics and zoning changes, and that as a result of such physical or zoning district conditions, practical difficulties or unnecessary hardship arise in complying with such provisions. In granting a variance the commissioner may impose such terms and conditions as he or she deems necessary to carry out the intent of this section to minimize noise emissions from the site. Application for a waiver shall be submitted in such form and manner as shall be provided by rules of the department and shall include in detail proposed measures which the applicant proposes will minimize sound from the site. A variance granted pursuant to this subdivision shall not be transferable but shall expire upon a change in ownership, size or location of the commercial establishment or enterprise in accordance with the rules of the department. Violation of the conditions of any variance shall be deemed to be a violation of this section.

§ 24-232 Allowable decibel levels-octave band measurement.

(a) No person shall cause or permit a sound source operating in connection with any commercial or business enterprise to exceed the decibel levels in the designated octave bands shown below as measured within a receiving property as specified therein.
Octave Band Maximum Sound Pressure Levels (dB) as measured within a receiving property as specified below  
Frequency (Hz) Residential receiving property for mixed use buildings and residential buildings (as measured within any room of the residential portion of the building with windows open, if possible). Commercial receiving property (as measured within any room containing offices within the building with windows open, if possible).
31.5 70 74
63 61 64
125 53 56
250 46 50
500 40 45
1000 36 41
2000 34 39
4000 33 38
8000 32 37

~

  1. All sources that are within the A-scale limits prescribed by any other section of this code must also comply with the octave band decibel levels as specified herein. Compliance with this section does not constitute a defense to violation of decibel limits set by any other section of this code.
  2. Measurements performed on residential property shall not be taken in non-living areas such as closets and crawlspaces.
  3. This section shall not apply to impulsive sound, music or construction devices or activities.
  4. This section shall not apply to any utility structure in existence prior to January 1, 2004. For the purposes of this subdivision the term “utility structure” means any electric substation owned or operated by an electric, gas, or steam utility subject to the jurisdiction of the New York state public service commission.
  5. This section shall not apply to any refuse collection facility owned, operated or regulated by the department of sanitation.

§ 24-232.1 Wind turbines.

No person shall cause or permit operation of a small wind turbine, as such term is defined in section 3113.2 of the New York city building code, or a large wind turbine as such term is defined in section 3114.2 of the New York city building code, so as to create a sound level in excess of 5 db(A) above the ambient sound level, as measured at the property line or at an elevated receptor of the property containing the nearest occupied building.

Subchapter 6: Specific Noise Sources Plainly Audible and Other Standards

§ 24-233 Personal audio devices.

(a) No person shall operate or use or cause to be operated or used any personal audio device in such a manner as to create an unreasonable noise.
  1. For the purposes of this section unreasonable noise shall include but shall not be limited to:

   (1) the operation or use of a personal audio device on or in any public right-of-way so that sound emanating from such device is plainly audible to another individual at a distance of 25 feet or more from the source.

   (2) the operation or use of a personal audio device from on or inside a motor vehicle, whether moving, parked, stopped or standing, on or in any public right-of-way so that sound emanating from such device is plainly audible to another individual outside of such motor vehicle at a distance of 25 feet or more from the source.

  1. Nothing in this section shall be construed to permit the operation or use of a personal audio device where such operation or use would otherwise be prohibited pursuant to section 10-108 or 24-244 of the administrative code.

§ 24-234 Operation or use of sound reproduction device in or on rapid transit railroad, omnibus or ferry.

It shall be unlawful to operate or use a sound reproduction device in or on any rapid transit railroad, omnibus or ferry, other than a personal audio device with personal earphones such that sound from such earphones is not plainly audible to another individual at a distance of 5 feet or more from the source.

§ 24-235 Animals.

No person having charge, care, custody, or control of any animal shall cause or permit such animal to cause unreasonable noise including, but not limited to, any sound that is plainly audible at any location within any residential receiving property as set forth below:

  1. At or after 7 a.m. and before 10 p.m., continuously for a period of 10 minutes or more.
  2. At or after 10 p.m. and before 7 a.m., continuously for a period of 5 minutes or more.

§ 24-236 Motor vehicles.

(a) Motor vehicles, other than motorcycles, with a maximum gross weight of 10,000 lbs. or less. No person shall cause or permit any motor vehicle, other than a motorcycle, with a maximum gross weight of 10,000 lbs. or less to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 150 feet or more from the motor vehicle.
  1. Motorcycles. No person shall cause or permit any motorcycle to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motorcycle.
  2. Motor vehicles with a maximum gross weight greater than 10,000 lbs. No person shall cause or permit any motor vehicle with a maximum gross weight greater than 10,000 lbs. to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motor vehicle, except when compression brake systems are used in an emergency to stop the vehicle.
    1. No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such system or systems are used in an emergency to stop the vehicle.

   (2) The department is authorized to post signs at every entry point of the city containing the following information: THE USE OF COMPRESSION BRAKE SYSTEMS IS PROHIBITED ON STREETS WITHIN NEW YORK CITY WHERE THE SPEED LIMIT IS 35 MILES PER HOUR OR LESS EXCEPT IN CASE OF AN EMERGENCY.

  1. No person shall cause or permit the total sound from a motor vehicle operating on any public right-of-way to exceed the sound level set forth in section 386 of the vehicle and traffic law and the rules adopted pursuant to such section.
  2. Subdivisions a, b, c and paragraph one of subdivision d of this section may only be enforced on streets where the speed limit is 35 miles per hour or less.

§ 24-237 Sound signal devices.

(a) No person shall operate or use or cause to be operated or used any claxon installed on a motor vehicle, except as a sound signal of imminent danger or in connection with use as an audible motor vehicle burglar alarm as provided in section 24-238 of this code.
  1. No person shall operate or use or cause to be operated or used an air horn or gong installed on any motor vehicle other than as provided in section 24-241 of this code.
  2. No person shall operate or use or cause to be operated or used any steam whistle attached to any stationary boiler, except to give notice of the time to start and stop work or as a sound signal of imminent danger.
  3. No person shall operate or use or cause to be operated or used on any public right-of-way any electrically operated or electronic sound signal device (other than a safety device, such as but not limited to a car horn or back up signal, that is actually used for its intended purpose) attached to, on or in a motor vehicle, wagon or manually propelled cart from which food or any other items are sold or offered for sale when the vehicle is stopped, standing or parked. For the purposes of this subdivision the term “stopped” means the halting of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with a police officer or other authorized enforcement officer or a traffic control sign or signal. The terms “standing” and “parked” shall be as defined in the vehicle and traffic law.

§ 24-238 Audible burglar alarm and audible status indicator.

(a) No owner of a building or of a motor vehicle shall have in operation an audible burglar alarm thereon unless such burglar alarm shall be capable of and shall automatically terminate its operation within fifteen minutes of its being activated in the case of a building, and three minutes of its being activated in the case of a motor vehicle. No audible burglar alarm on a motor vehicle shall be capable of being activated except by:

   (i) direct physical contact with that motor vehicle; or

   (ii) through the use of an individual remote activation device, that is activated from no further than 15 feet away from such vehicle and, that is designed to be used with the audible burglar alarm system of a particular vehicle which alarm shall be capable of and shall terminate its audible response within three minutes of its being activated.

  1. No owner of a motor vehicle shall have in operation an audible status indicator on such motor vehicle.

§ 24-239 Audible burglar alarm or audible status indicator may be disconnected.

(a) Notwithstanding the provisions of section 24-238, any member of the police department shall have the right to take such steps as may be reasonable and necessary to disconnect any audible burglar alarm or audible status indicator that is installed on a motor vehicle at any time during the period of its activation.
  1. The operator of any motor vehicle on which an audible burglar alarm or audible status indicator has been installed shall when parked on a public highway or parking lot open to the public, prominently display the number and telephone number of the owner’s local police precinct where information shall be on file to permit communication with the owner of such vehicle.

§ 24-240 Removal of vehicle with audible burglar alarm or audible status indicator.

(a) Notwithstanding the provisions of section 24-239, any member of the police department may arrange for the removal of a motor vehicle from a public highway or parking lot open to the public, when:

   (i) an audible burglar alarm installed on such vehicle is operated in violation of this code or an audible status indicator is operated on such vehicle; and

   (ii) all reasonable and necessary steps to disconnect such alarm or audible status indicator have been taken without success. Authorized personnel of the department or the department of transportation may request a member of the police department to arrange for removal of such vehicle. When such removal is requested, the notice of violation for operation of an audible burglar alarm in violation of this section or for operation of an audible status indicator shall state that a member of the police department took all reasonable and necessary steps to disconnect such alarm or such audible status indicator without success. Such removal may be accomplished by utilizing any existing city-operated tow-program, rotation tow program established pursuant to section 20-519 of the code or such other procedures as may be established. The cost of towing and storage of such motor vehicle shall be the responsibility of the owner or other person who claims such vehicle.

  1. An opportunity for a hearing before the board shall be provided to the owner of a motor vehicle removed pursuant to this section within five business days after a request for a hearing is made to determine whether there was a basis for such removal. The board shall render a decision within two business days following the conclusion of the hearing. If it is determined that there was no basis for removal of a vehicle pursuant to this section, the owner of such vehicle may recover from the city any amounts paid by such owner for towing and storage.

§ 24-241 Emergency signal devices.

(a) No person shall operate or use or cause to be operated or used any emergency signal device, except on an authorized emergency vehicle when such vehicle is in the act of responding to an emergency; provided that such device shall not be operated for a period of time longer than is necessary to respond to such emergency. Notwithstanding the foregoing, such a device on a motor vehicle shall be lawful if designed and used solely as an audible motor vehicle burglar alarm in accordance with section 24-238 and a device attached to a vehicle for the purpose of providing an audible warning when the vehicle is backing up shall be permitted even though the audible warning may consist of a gong or bell sound.
  1. No person shall operate or permit to be operated an emergency signal device installed on an authorized emergency vehicle that when operated at the maximum level creates a sound level in excess of 90 dB(A) when measured at a distance of fifty feet from the center of the forward face of such vehicle. Within one year after the effective date of this subdivision and every two years thereafter, emergency signal devices installed on authorized emergency vehicles shall be tested and certification shall be submitted, in a form approved by the department, that such devices meet the standard set forth in this subdivision for operation at maximum level. Notwithstanding the foregoing provisions, where compliance with the provisions of this subdivision would create an undue hardship, the owner or operator of an authorized emergency vehicle may submit a plan to the commissioner for emergency signal devices to meet the standard set forth in this subdivision within two years after the effective date of this subdivision. Such plan shall be submitted within one year after the effective date of this subdivision in lieu of the required certification. This subdivision shall not apply to authorized emergency vehicles of the police department, fire department or authorized emergency vehicles responding to medical emergencies.

§ 24-242 Lawn care devices.

(a) No person shall operate or use or cause to be operated or used any lawn care device:

   (1) On weekdays before eight a.m. and after seven p.m. or sunset, whichever occurs later; or

   (2) On weekends and New York state and federal holidays before nine a.m. and after six p.m.; or

   (3) At any time in such a way as to create an unreasonable noise. For the purposes of this section unreasonable noise shall include but shall not be limited to an aggregate sound level of 75 dB(A) or more, attributable to the source or sources, as measured at any point within a receiving property. The provisions of paragraph (1) of this subdivision shall not apply to an employee of the department of parks and recreation or an agent or contractor of the department of parks and recreation who operates or uses or causes to be operated or used any lawn care device between the hours of seven a.m. and eight a.m. in any location more than three hundred feet from any building that is lawfully occupied for residential use. The distance of three hundred feet shall be measured in a straight line from the point on the exterior wall of such building nearest to any point in the location at which such lawn care device is operated or used or caused to be operated or used.

  1. No person shall operate or use or cause to be operated or used any leaf blower not equipped with a functioning muffler.

§ 24-243 Snow blowers.

The provisions of this code shall not apply to the operation of a snow blower for the purpose of complying with subdivision a of section 16-123 of the administrative code.

§ 24-244 Sound reproduction devices.

(a) Except as otherwise provided in section 10-108 of the code, no person shall operate or use or cause to be operated or used any sound reproduction device in such a manner as to create unreasonable noise.
  1. No person shall operate or use or cause to be operated or used any sound reproduction device, for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show, sale or display of merchandise, in connection with any commercial or business enterprise (including those engaged in the sale of radios, television sets, compact discs or tapes), (i) outside or in front of any building, place or premises or in or through any aperture of such building, place or premises, abutting on or adjacent to a public street, park or place; (ii) in or upon any vehicle operated, standing or being in or on any public street, park or place; (iii) from any stand, platform or other structure; (iv) from any airplane or other device used for flying, flying over the city; (v) from any boat on the waters within the jurisdiction of the city; or (vi) anywhere on the public streets, public sidewalks, parks or places where sound from such sound reproduction device may be heard upon any public street, sidewalk, park or place. Nothing in this section is intended to prohibit incidental sounds emanating from a sporting or an entertainment or a public event for which a permit under section 10-108 of the code has been issued.

Subchapter 7: Certificates and Tunneling Permits

§ 24-245 Operating certificates and renewal of operating certificates; tunneling permits; when required.

(a) The commissioner shall at his or her discretion promulgate regulations pursuant to section eleven hundred five of the city charter directing the placement of air compressors, paving breakers, refuse compacting vehicles and rapid transit railroads, including but not limited to their rolling stock, track and track beds, passenger stations, tunnels, elevated structures, yards, depots and garages, onto an operating certificate list, setting out the reasons for such placement, and setting out the period of time from issuance or renewal during which such operating certificate shall be valid, unless sooner revoked or cancelled.
  1. No person shall cause or permit the use or operation of any device placed on the operating certificate list pursuant to subdivision (a) of this section except for the purpose of testing such device without first obtaining an operating certificate from the commissioner. The placement of such a device not bearing an operating certificate at a location of its customary operation shall be considered a violation of this section in any proceeding pursuant to any applicable section of subchapter eight of this chapter of this code except section 24-269.
  2. No person shall engage in or permit any person to engage in tunneling without first obtaining a tunneling permit from the commissioner. A separate permit shall be obtained for each shaft of a tunnel.
  3. Prior to advertising for bids for contracts involving tunneling, the agency of the city of New York proposing to so advertise shall request the commissioner in writing for a statement of the requirements or standards that will govern the proposed tunneling activities pursuant to section 24-248 of this subchapter. The aforesaid requirements shall be furnished by the commissioner to the contracting agency in writing within thirty days after receipt of the request and shall be included by the contracting agency in the contract specifications for the proposed tunneling. The conditions under which the permit shall be granted to the contractor shall be consistent with the statement furnished by the commissioner to the contracting agency for inclusion in the contract specifications.
  4. Notwithstanding the existence of a valid tunneling permit, no person shall, except in the case of urgent necessity in the interest of public safety, conduct or permit to be conducted blasting operations at any time other than on weekdays and other than between the hours of seven a.m. and seven p.m. unless a special permit is obtained from the fire department pursuant to subdivision d of section 27-4039.

§ 24-246 General requirements for applications for operating certificates and for tunneling permits, and removal of operating certificates.

(a) Application for an operating certificate or for the removal of an operating certificate shall be made by the owner of the device on forms furnished by the department.
  1. Application for a tunneling permit shall be made on forms furnished by the department by or in behalf of the owner or lessee of the tunnel; and if made by a person other than the owner, the application shall be accompanied by a signed statement of the applicant declaring that he or she is authorized by the owner to make the application. The permittee shall in all cases be the applicant.
  2. Each application hereunder shall be signed by the applicant. The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for the operation or use of the device concerned or for tunneling in accordance with the requirements of this code. If the applicant is a partnership or group other than a corporation, the application shall be made by one individual who is a member of the group. If the applicant is a corporation, the application shall be made by an officer of the corporation.
  3. Application for the removal of an operating certificate shall be postmarked or date-stamped by the department upon personal delivery no later than thirty days prior to the expiration of the certificate.

§ 24-247 Information required for applications for operating certificates and for tunneling permits.

(a) Each application for an operating certificate shall contain such information as the commissioner may require in order to determine whether a device covered by the application is or will operate in compliance with the provisions of this code, including but not limited to:

   (1) The model number and operating characteristics of the device covered by the application;

   (2) A report certified by an approved testing laboratory as to the sound level generated by the device when operated under normal operating conditions or a manufacturer’s warranty as to sound level provided that the device is regularly tested in accordance with procedures established by the American national standards institute or other appropriate professional standard-setting organization listed in section 24-242*; and

  • Editor’s note: this § 24-242 was repealed and the substance transferred to § 24-204(c).

   (3) The proposed means, if any, for the prevention or control of unreasonable noise.

  1. Each application for a tunneling permit shall contain such information as the commissioner may require to determine whether tunneling activities and the devices operated therein will be undertaken in compliance with the provisions of this code, including but not limited to:

   (1) The types and operating characteristics of the devices employed in such tunneling;

   (2) A detailed description of proposed tunneling; and

   (3) The proposed means for the prevention of unreasonable noise.

  1. Information concerning secret processes which may be required, ascertained or discovered by the department shall not be disclosed by any department employee, except that the information may be disclosed by the commissioner if the department is subpoenaed for the information or if in the course of a departmental court proceeding or departmental or board hearing, the information is relevant to the proceeding or hearing.

§ 24-248 Standards for granting operating certificates and tunneling permits.

(a) No operating certificate shall be granted unless the applicant shows to the satisfaction of the commissioner that:

   (1) The device will be operated without causing a violation of the provisions of this code; and

   (2) The device incorporates advances in the art of noise control developed for the kind and level of noise emitted by the applicant’s device.

  1. No tunneling permit shall be granted unless the applicant shows to the satisfaction of the commissioner that:

   (1) The devices employed in such tunneling, including construction devices, storage bins and hoppers, will be operated or used without causing a violation of the provisions of this code;

   (2) The motor vehicles employed in such tunneling will be routed at such times of day and such routes as not to cause unreasonable noise; and

   (3) All advances in the art of noise control, including appropriate closures around devices, and sound deadening linings on storage bins and hoppers, developed for the kind and level of noise emitted by applicant’s activities or devices have been incorporated into such tunneling activities and devices.

  1. The commissioner may from time to time issue regulations for the guidance of applicants indicating the technical specifications which he or she deems will comply with the performance standards of this section.

§ 24-249 Testing before granting or renewing of operating certificates; testing before granting of tunneling permits.

(a) Before a tunneling permit is granted or before an operating certificate is granted or renewed, the commissioner may require the applicant to conduct such tests as are necessary in the opinion of the commissioner to determine the sound level emitted from a device or an activity or to determine whether the device or its operation or an activity is contributing to, or is in violation of this code. The test shall be made at the expense of the applicant.
  1. Such test shall be conducted, reviewed and certified as provided by subdivision (b) of section 24-206 of this code. The applicant shall notify the department of the time and place of a test as provided by subdivision (c) of section 24-206* of this code. Reasonable facilities shall be made available for the department to witness the test. If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sound level meters, shall be furnished by and at the expense of the owner or lessee or his or her agent as provided by subdivision (d)** of section 24-206 of this code.

§ 24-250 Action on applications for certificates or tunneling permits.

(a) The commissioner shall act within a reasonable time not to exceed sixty days on an application for a tunneling permit, for an operating certificate, or for a renewal of an operating certificate, and shall notify the applicant in writing of his or her approval or disapproval of the application.
  1. If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval or notice of violation.
  2. Within sixty days after service on the applicant of the notice of disapproval, exclusive of the day of service, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner’s objection to the application.
  3. The commissioner shall consider the applicant’s answer to his or her objections, and shall notify the applicant in writing within a reasonable time, not to exceed sixty days, of his or her approval or denial of the application. Failure to answer or request an extension of time within sixty days after service of the notice of disapproval or a notice of violation shall be deemed a denial of the application.
  4. The commissioner may grant a temporary operating certificate or tunneling permit for a period not to exceed sixty days upon receipt of an application for the granting or renewal of an operating certificate and may, at his or her discretion, renew a temporary operating certificate or tunneling permit for an additional period not to exceed sixty days.

§ 24-251 Conditions of certificates or tunneling permits to be observed.

The holder of a certificate or of a tunneling permit shall comply with the conditions and terms contained in his or her certificate or tunneling permit as well as all applicable provisions of this code.

§ 24-252 Suspension or revocation of certificates or tunneling permits.

(a) The commissioner shall suspend or revoke a tunneling permit or certificate when ordered to do so by the board pursuant to subchapter eight of this chapter of this code.
  1. Suspension or revocation of a certificate or tunneling permit shall become final five days after service of notice, exclusive of the day of service, on the holder of the certificate or tunneling permit.

§ 24-253 Surrender of certificates or tunneling permits.

A certificate or tunneling permit which has been cancelled or revoked pursuant to this code shall be surrendered forthwith to the commissioner.

§ 24-254 Transfer of certificates.

Any purported or attempted transfer of a certificate automatically revokes the certificate, except that upon a conveyance of the premises in which the device is located a certificate may be transferred to a person other than the person named in the certificate.

§ 24-255 Operating certificate or tunneling permit fees.

(a) A person applying for an operating certificate, or a renewal of an operating certificate shall pay a fee of thirty dollars.
  1. A person applying for a tunneling permit shall pay a fee of two hundred and fifty dollars.

§ 24-256 Departmental publication fees.

The department may charge for a copy of its publications a fee in an amount not to exceed the unit cost of the preparation and distribution of the publication.

Subchapter 8: Enforcement

§ 24-257 Powers of the board.

(a) The board, in addition to other duties assigned to it by law, shall have the power to conduct hearings pursuant to this subchapter and, by the issuance of a subpoena, compel the attendance of witnesses and the production of any books, papers or other things relating to the matter under investigation.
  1. The board may, upon notice pursuant to section 24-259 of this code, and after a hearing pursuant to section 24-263 of this code, or in default thereof pursuant to section 24-264 of this code:

   (1) Order the commissioner to revoke or suspend a certificate or tunneling permit issued pursuant to this code for any device or activity where such device or activity causes, or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board;

   (2) Order the owner of any device which causes or is maintained or operated so as to cause a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, to install any apparatus which can reasonably be expected to correct the violation, or to repair, properly maintain, replace or alter such device in a manner which can reasonably be expected to correct the violation;

   (3) Seal any device which causes or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section;

   (4) Order any person to cease and desist from any activity which causes or is conducted so as to cause a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section;

   (5) Impose a civil penalty in each instance in an amount as set out in table I against any person who violates a provision of this code, or of any order, rule or regulation promulgated by the commissioner or the board.

Table I

Violations related to section and subdivision            
  First Violation   Second Violation*   Third and Subsequent Violations*  
  Maximum Minimum Maximum Minimum Maximum Minimum
24-216 (d) 2,625  650 5,250 1,300 7,875 1,950
24-218(a) 150 75 250 150 500 350
24-218(a-1) 1,000  350 2,000  700 3,000 1,050
24-218.1  50  50  50  50  50  50
24-220 1,400  440 2,800  880 4,200 1,320
24-222 3,500  875 7,000 1,750 10,500 2,625
24-223 3,500  875 7,000 1,750 10,500 2,625
24-224 3,500  875 7,000 1,750 10,500 2,625
24-225 1,400  440 2,800  880 4,200 1,320
24-226 1,400  440 2,800  880 4,200 1,320
24-227  875  0 1,750  440 2,625  660
24-228 1,400  440 2,800  880 4,200 1,320
24-229 1,400  440 2,800  880 4,200 1,320
24-230 1,400  440 2,800  880 4,200 1,320
24-231(a) 8,000  0 16,000 4,000 24,000 6,000
24-231(b) 1,750  440 3,500  880 5,250 1,320
24-231(c)  875  350 1,750  700 2,625 1,050
24-232 1,400  440 2,800  880 4,200 1,320
24-233(a)  175  50  350  100  525  150
24-233(b)(1)  175  50  350  100  525  150
24-233(b)(2)  350  100  700  200 1,050  300
24-234  175  50  350  100  525  150
24-235  175  50  350  100  525  150
24-236(a)  525  150 1,050  300 1,575  450
24-236(b)(c)(d) 1,440  440 2,800  880 4,200 1,320
24-237(a) 1,000  150 2,000  300 3,000  450
24-237(b)  875  220 1,750  440 2,625  660
24-237(c)  875  220 1,750  440 2,625  660
24-237(d) 1,000  350 2,000  700 3,000 1,050
24-238  875  220 1,750  440 2,625  660
24-239(b)  350  100  700  200 1,050  300
24-241 1,400  440 2,800  880 4,200 1,320
24-242  875  220 1,750  440 2,625  660
24-244 1,750  440 3,500  880 5,250 1,320
24-245 2,625  660 5,250 1,320 7,875 1,980
All remaining sections and subdivisions  875  220 1,750  440 2,625  660

~

* By the same respondent of the same provision of law, order, rule or regulation and, if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, at the same premises (all violations committed within two years).

Each day during which such violation continues shall constitute a separate violation. The board may remit, in whole or in part, such a civil penalty if, at the conclusion of the hearing or at the time of the board determination under section 24-266 of this code, the respondent is no longer in violation of a provision of this code, or of any order, rule or regulation promulgated by the commissioner or the board;

   (6) Impose a civil penalty of not more than two hundred fifty dollars on any owner of a device for each day such equipment is sealed pursuant to this section;

   (7) Impose a civil penalty of not less than one thousand nor more than four thousand dollars on any person who willfully breaks, or causes or permits the breaking of, a seal placed on a device pursuant to this section.

   (8) Impose an additional civil penalty in the amount of twenty-five percent of that which would otherwise be imposed for each twelve decibels by which the sound or noise level measured exceeds the maximum sound level as contained in subchapters five and six of this chapter.

   (9) Impose an additional civil penalty in the amount of ten percent of the penalty orginally imposed, for late payment of penalty for each month, or part thereof, that the penalty payment is in arrears. In no event shall the total additional civil penalty exceed the maximum set forth in the table of civil penalties, or as modified pursuant to paragraph eight of this subdivision or paragraph ten of this subdivision, or both.

   (10) Order any person to be classified as a persistent violator if such person is found to be in violation of this code and has also on one or more prior occasions within the preceding five years been found to be in violation of this code, where such repeated violations evidence substanial* disregard thereof. If a person is classified as a persistent violator, the board shall in each instance double the amount of the penalty which it would otherwise impose pursuant to paragraph five of this subdivision. Such double penalties shall be imposed for violations which the board finds a person committed pursuant to the same proceeding at which it classified such person as a persistent violator and for all violations committed within two years immediately following such classification, after whcih such classification shall terminate. However, if at the end of such two year period such person is still in violation of this code because of a failure to take or complete a corrective action as required by the board, such classification shall continue until such time as such person is no longer in violation of this code because of such failure, at which time such classification shall cease. Thereafter, the board may again classify such person as a persistent violator, on the same basis it used originally.

  1. The board may, upon notice pursuant to section 24-259 of this code:

   (1) order any person to cease and desist from the operation of any listed device without a certificate as required by section 24-245 of this code and the board may also seal such device;

   (2) order any person to cease and desist from tunneling without a tunneling permit as required by section 24-245 of this code and the board may also seal any device used in such tunneling;

   (3) order any person not in possession of an after hours work authorization issued pursuant to section 24-223 of this code to cease and desist from construction activities other than during the permissible hours specified in section 24-222 of this code and the board may also seal any device used in such construction activities;

   (4) order any person to cease and desist from the operation of a device without registration required by section 24-208 of this code and the board may also seal such device.

  1. The board may order the commissioner to install any apparatus or to repair or alter any device or apparatus which causes or is maintained or operated so as to cause a violation of an order issued pursuant to paragraph two of subdivision (b) of this section, where such repairing or alteration can reasonably be expected to correct such a violation. Any work required under such an order may be executed by the commissioner through the officers, agents or contractors of the department. The department shall be reimbursed promptly for all costs and expenses of such work by the owner of the device to which the order relates and in respect to which such expenses were incurred. Such expenses may be recovered in a civil action brought in the name of the commissioner.
  2. If an order of the board issued pursuant to subdivisions (b) and (c) of this section provides for a period of time during which a person subject to the order is permitted to correct a violation, the board may require the respondent to post a performance bond or other security with the department in a form and amount sufficient to assure the correction of such violation within the prescribed time. In the event of a failure to meet the schedule prescribed by the board, the sum named in the bond or other security shall be forfeited and shall be paid to the commissioner.
    1. The board may order any person to cease and desist from an activity which it reasonably believes causes unreasonable noise which creates imminent peril to the public health and well being, or to cease and desist from an activity which it reasonably believes constitutes a willful or continued violation of any provision of this code or order or regulation, promulgated by the commissioner or board. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to section 24-263 of this code. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subdivision.
  3. The default penalty imposed pursuant to paragraph 5 of subdivision (b) of this section for a violation of section 24-218(a), as set forth in section 3-115 of title 48 of the rules of the city of New York or any successor provision, shall not exceed 150 percent of the scheduled penalty set forth therein.

§ 24-258 The board.

(a) The board shall be convened by the chairperson or in the chairperson's absence the assistant commissioner of environmental compliance, or at the request of any three members thereof.
  1. If a member of the board has presided over the initial hearing, he or she shall not be disqualified from reviewing the hearing.
  2. Five members of the board, at least two of who shall not be city officials, shall constitute a quorum.

§ 24-259 Notice of violation.

(a) Notice, required by this chapter, shall be given by issuance of a notice of violation.
  1. Whenever the commissioner has reasonable cause to believe that a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board may exist, he or she may cause to have a notice of violation issued and served on:

   (1) The person in violation; or

   (2) An owner with an equity interest in the device in violation, if any; or

   (3) If an owner with an equity interest in the device in violation cannot be located with due diligence, any other owner of said device.

  1. A notice of violation shall:

   (1) Specify the section or sections of this code, order, or regulation that such person or device is in violation of; and

   (2) Indicate the amount of the civil penalty that such person is subject to; and

   (3) Contain a brief statement of the nature of the violation; and

   (4) Require a written response that conforms to section 24-260 of this code; and

   (5) Require such person or owner of a device, unless a hearing is not required by section 24-257 of this code, to answer the allegations in the notice of violation at a time and place designated either in or with the notice of violation or in a subsequent notice to such person or owner.

§ 24-260 Written response.

(a) A written response in a form prescribed by the board shall be served upon the department and filed with the board within five days of receipt of the notice of violation.
  1. If the allegation in the notice of violation is one for which a hearing is not required by section 24-257 of this code, and is contested, then the respondent must either:

   (1) Include a copy of any tunneling permit or certificate that the respondent asserts was issued by the department; or

   (2) Deny that such tunneling permit or certificate is required by law.

  1. If any of the allegations in the notice of violation are those for which a hearing is required by section 24-257 of this code, and are contested, the written response shall contain a concise statement of the facts constituting each ground of defense.
  2. If allegations in the notice of violation are admitted the written response of the respondent shall consist of:

   (1) A statement that he or she admits all of the material allegations to be true; and

   (2) A statement of any attempts subsequent to service of the notice of violation to comply with this code or with the order or regulation.

   (e) Failure of the respondent to serve a written response within the time provided shall be deemed to constitute a waiver of his or her right to appear and contest the allegations in the notice.

§ 24-261 Citizen’s complaint.

(a) Any person other than personnel of the department and employees of the city of New York authorized by law to serve summonses for violation of the code may serve upon the department a complaint in a form prescribed by the commissioner alleging that a person has violated a provision of this code set forth in table VI,* below, or an order or regulation promulgated under such provision together with evidence of such violation.

TABLE VI

Violation related to section or subdivision and order or regulation thereunder
24-208
24-216
24-220 (b)
24-224
24-232, except that the provisions of this section 24-261 shall apply only to violations by persons operating motor vehicles listed in subdivisions one and two of column I, and subdivisions one and two of column II of Table 1. 24-234 24-236 24-237, except that the provisions of this section 24-261 shall apply only to a violation by a person operating a circulation device with a rated capacity in excess of fifty thousand British thermal units per hour or its equivalent.
24-238
24-240
24-241
24-244
24-245

~

  1. A person who has served a complaint pursuant to subdivision (a) of this section may serve upon the person allegedly in violation and upon the board a notice of violation in a form prescribed by the board, if within thirty days from service of such complaint:

   (1) The department has failed to serve a notice of violation, pursuant to section 24-259 of this code, for the violation alleged in a complaint pursuant to subdivision (a) of this section; or

   (2) The department fails to serve a written notice upon the complainant of its determination that his or her complaint is frivolous or duplicitous.

  1. A person commencing a proceeding before the board pursuant to this section, shall prosecute such proceeding at his or her own expense. The department may intervene in such a proceeding at any time.
  2. In any proceeding brought by the department after receiving a complaint pursuant to subdivision (a) of this section, the board shall award the complainant, out of the proceeds collected, fair and reasonable compensation, which shall not exceed twenty-five percent of the proceeds collected, for disclosure of information or evidence not in the possession of the department, which leads to the imposition of the civil penalty.
  3. In any proceeding brought by a complainant, the board shall award, out of the proceeds collected, fifty percent of any civil penalty as fair and reasonable compensation to such person.

§ 24-262 Settlement of proceedings.

The board may settle any proceeding by stipulation and may exercise any or all of its powers under section 24-257 of this code thereby, at any time prior to the issuance of a decision pursuant to section 24-266 of this code.

§ 24-263 Hearings.

(a) The chairperson of the board shall designate a hearing officer or at least one member of the board to preside over hearings held pursuant to this subchapter. In any hearing in which a quorum of the board is present, such members shall be deemed to be sitting as the board.
  1. All such hearings shall be open to the public.
  2. At the request of any party to such a hearing, the board shall by the issuance of a subpoena compel the attendance of such witnesses and shall require the production of any such books, papers, or other things relating to the matter under investigation if such a request reasonably relates to such hearing.
  3. Any party to a hearing may be represented by counsel, may make oral and written argument and cross-examine witnesses. All testimony taken before the board or the designated hearing officer shall be under oath and shall be recorded. The record shall be open to public inspection, and copies thereof shall be made available to any person upon payment of the actual cost of repro- duction.

§ 24-264 Default; vacating a default order.

(a) A respondent shall be in default when the respondent has:

   (1) Failed to serve a written response pursuant to section 24-260 of this code; or

   (2) Failed to appear at the designated time and place as required by the notice of violation or subsequent notice pursuant to section 24-259 or 24-261 of this code; or

   (3) Neglected to proceed in a manner ordered by the board.

  1. Within sixty days of a decision and order of the board issued pursuant to paragraph two of subdivision (c) of section 24-266 of this subchapter, the respondent may request the board to grant a stay of such order of the board and schedule a hearing. If the respondent has shown good cause and a meritorious defense, the board may grant such a request and hold a hearing pursuant to section 24-263 of this code. At the conclusion of the hearing, the board may adopt, amend or rescind its decision and order.

§ 24-265 Hearing officer’s decision.

(a) At the conclusion of the hearing, the hearing officer or member of the board conducting the hearing shall prepare a decision stating findings of fact and conclusions, as well as reasons for his or her determination on all material issues, and making recommendations as to action which should be taken in the matter.
  1. The hearing officer or member of the board conducting the hearing shall file his or her decision with the board and send copies by mail to the parties. Any party may file exceptions with the board within twenty days after service of such decision. If no exceptions have been filed within the described time, the recommendations of the hearing officer or member of the board conducting the hearing shall automatically become the decision of the board and shall constitute its findings, conclusions and order.
  2. At the conclusion of a hearing conducted by the board, the board shall issue its decision and order. The decision of the board shall conform to the requirements of subdivisions (b) and (c) of section 24-266 of this code.

§ 24-266 Board decision and order.

(a) If any party files exceptions to the decision of the hearing officer or member of the board conducting a hearing within the prescribed time the board shall review the record and issue its decision and order in which it may adopt, modify or reject the findings, conclusions and recommendations of the hearing officer or member of the board who conducted the hearing.
  1. The decision of the board shall contain findings of fact, conclusions of law and reasons for the decision on all material issues raised, and an order either dismissing the allegations of the notice of violation or sustaining them in whole or in part.
  2. The board may exercise one or more of its powers pursuant to section 24-257 of this code, as it deems appropriate if:

   (1) The allegations in the notice of violation are sustained in whole or in part;

   (2) The respondent is in default under section 24-264 of this code.

  1. The decision and order of the board shall be its final determination. A judicial proceeding must be commenced within two months after the service of such decision and order.

§ 24-267 Compliance with board decisions; orders and civil penalties.

(a) If the respondent fails or refuses to comply with the board's order, or the board otherwise deems it necessary, the corporation counsel for the city of New York, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order of the board.
  1. A civil penalty imposed by the board pursuant to section 24-257 of this code may be collected in an action brought in the name of the city of New York.

§ 24-268 Procedural rules.

The board shall have authority from time to time to make, amend and rescind such procedural rules as may be necessary to carry out the provisions of this subchapter.

§ 24-269 Criminal penalties.

(a) Any person who shall knowingly make a false statement or who shall knowingly falsify or allow to be falsified any certification, registration, form, signed statement, application or report required under the provisions of this code or regulation promulgated by the commissioner or the board shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment not to exceed five months, or both.
  1. Any person, other than a corporation, who violates any order of the commissioner or the board or any provision of section 24-245 of this code or who illegally breaks a seal on equipment, upon conviction shall be punished for each offense by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not more than thirty days or by both. Any corporation which violates any order of the commissioner or the board or any provision of section 24-245 of this code, or which illegally causes a seal to be broken, upon conviction shall be punished for each offense by a fine of not less than one hundred dollars nor more than two thousand dollars. Every day during which such violation occurs constitutes a separate offense.
  2. Any person, other than a corporation, convicted of willful failure to pay a civil penalty imposed by the board pursuant to section 24-257 of this code shall be punished by a fine of double the amount of the civil penalty imposed by the board, or by imprisonment for not more than sixty days, or by both. Any corporation convicted of a wilful failure to pay a civil penalty imposed by the board pursuant to section 24-257 of this code shall be punished by a fine of double the amount of the civil penalty imposed by the board, but not more than two thousand dollars.
  3. The failure of any person or corporation against whom an action has been brought to collect a civil penalty pursuant to subdivision (b) of section 24-267 of this code, who has been found liable by a court for such civil penalty and who does not pay such penalty after the judgment of such becomes final, shall be deemed guilty of a willful failure to pay a civil penalty.
  4. Any person convicted of violating any of the provisions of this code or any regulation of the board not otherwise provided for by this section shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars for the first offense, or by imprisonment for twenty days, or both; and by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for not more than thirty days, or both, for a second offense; and by a fine of not less than four hundred dollars nor more than five thousand dollars, or by imprisonment for not more than four months or both for a third or subsequent offense.
  5. Twenty-five percent of any fine that is imposed pursuant to this section may be paid to the person or persons giving information which shall lead to conviction.

§ 24-270 Uniform civil penalties for unreasonable noise.

Notwithstanding any inconsistent provision of law, the civil penalties for the violation of paragraphs 1, 2, and 3 of section 1-05(d) of title 56 of the rules of the city of New York, or any successor rule of the department of parks and recreation that prohibits or regulates noise, or paragraphs 16 and 17 of subdivision c of section 18-146* of the administrative code, shall be no greater than the civil penalties established in section 24-257 of this chapter for a violation of section 24-218(a) of this chapter, except in such cases in which the respondent received notice of such violation while engaged in commercial activities.

  • Editor’s note: this code presently includes multiple sections designated as 18-146. See, e.g., § 18-146, “Prohibitions in parks.”

Chapter 3: Water Supply

Subchapter 1: Water Supply To the City of New York

§ 24-301 Assessment of city property used for water purposes.

  1. The lands taken, or to be taken, for storage, reservoirs, or for other constructions necessary for the introduction and maintenance of a sufficient supply of water in the city, or for the purpose of preventing contamination or pollution, shall be assessed and taxed in the counties in which they are or may be located, in the manner prescribed by law, exclusive of the aqueducts.
  2. This section shall not be construed to prevent the assessors in the county of Nassau from assessing for taxation the pumping stations and buildings located in such county.

§ 24-302 Commissioner of environmental protection; duty in regard to sources of water supply and property of department.

It shall be the duty of the commissioner to preserve the purity of all waters from which any part of the city water supply is drawn, and to protect such supply and the lands adjacent thereto from injury or nuisance. He or she shall maintain, preserve and repair all structures and all other property connected with the water supply.

§ 24-303 Protection of water supply; certain acts misdemeanors.

  1. It shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited any dead animal or other offensive matter or anything whatever in either of the reservoirs or in any lake, pond or stream, or in any aqueduct or pipe from or through which the water supply of the city shall be drawn.
  2. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or imprisonment, or both, in the discretion of the court. Such fine shall not exceed the sum of one hundred dollars, and such imprisonment shall not exceed a period of three months. Such imprisonment shall be in the jail of the county in which the offense shall have been committed.

§ 24-303.1 Protection of water supply.

  1. Definitions. As used in this section, the term “oil or natural gas waste” means (i) waste that is generated as a result of natural gas extraction activities, which may consist of water, chemical additives, or naturally occurring radioactive materials and heavy metals and (ii) brine that is generated as a result of oil or natural gas production, extraction or storage. The term “oil or natural gas waste” includes, but is not limited to, leachate from solid wastes associated with natural gas extraction activities, or any natural gas waste byproduct, but excludes the byproducts of natural gas from anaerobic decomposition processes at digesters and landfills in the city.
  2. Prohibitions.

   1. It shall be unlawful to discharge or cause to be discharged any oil or natural gas waste to any surface water bodies located within the city or to any wastewater treatment plant located within the city. Officers and employees of the department of environmental protection and officers of the department of sanitation may issue summonses, appearance tickets and notices of violation for violations of this paragraph.

   2. It shall be unlawful to apply or cause to be applied any oil or natural gas waste on any road, real property or landfill located within the city. Officers and employees of the department of environmental protection may issue summonses, appearance tickets and notices of violation for violations of this paragraph.

  1. Contracting. All city bids or contracts for the construction or maintenance of a city road shall include a provision stating that no materials containing or manufactured from oil or natural gas waste shall be utilized in providing such a service.

§ 24-304 Injury to water supply property.

If any unauthorized person shall willfully do or cause to be done any act by which any work, materials or property, including manhole covers, now or hereafter erected or used within the city or elsewhere by such city, or any person acting under their authority, for the purpose of procuring or keeping a supply of water shall in any manner be injured or removed, or shall erect or place any nuisance on the banks of any river, lake or stream from which the water supply of such city shall be drawn, such person on conviction thereof, shall be deemed guilty of a misdemeanor.

§ 24-305 Pollution of or interference with water supply.

It shall be unlawful, within the city, to bathe in or go into the water of any water supply reservoir or any part of a city aqueduct, or to throw stones, chips or dirt or any other material or substance whatever into any gatehouse, ventilator, fountain or basin. It shall also be unlawful to injure or disfigure any part of the water works system of the city.

§ 24-306 Trespass on water supply property.

It shall be unlawful to enter or remain on any part of the embankment of a water supply reservoir within the city without the permission of the commissioner of environmental protection, or to fail or refuse to comply with the rules and regulations of the commissioner as to when citizens shall leave such embankment, or the grounds or buildings attached thereto.

§ 24-307 Hydrants to be kept closed.

The commissioner of environmental protection shall cause all water supply hydrants within the city to be kept closed. Except in case of fire and for the purpose of extinguishing the same, or when otherwise authorized by law, it shall be unlawful to take or use the water from any such hydrant.

§ 24-308 Opening, tampering with or operating valves or fire hydrants.

  1. It shall be unlawful for any person other than an employee of the department of environmental protection, or the fire department to open, use, operate, or tamper with a fire hydrant or high pressure hydrant, in the city, or a valve in the water supply system of the city, without a permit in writing from the commissioner of environmental protection. It shall also be unlawful to leave such a hydrant open for a longer period than shall be limited in the permit, or use water for other purposes than shall have been authorized by such commissioner.
  2. The commissioner may grant a permit to a person, other than an employee of the department of environmental protection or of the fire department, to open, use or operate a fire hydrant in the city, upon such terms and conditions as may be prescribed by the commissioner and upon payment by such permittee of a fee of five dollars for each day for which such permit is granted. A permittee shall be required, at the time of making application for such permit, to pay to the department a sum sufficient to cover the total fee for the entire period for which such permit is granted. If the work for which such permit is granted is completed on a date prior to the termination date of such permit, the permittee shall be entitled to a refund of the fee paid for each day subsequent to such completion date. The commissioner may grant a permit pursuant to this section to any agency or to a non-profit organization for the purpose of providing street showers for children, without payment of the fee required by this subdivision.
  3. The commissioner shall have the power, subject to the approval of the board of estimate, to increase the amount of the fee prescribed by subdivision b hereof, to an amount sufficient to cover the cost to the city of the supervision and inspection of hydrants in connection with the granting of permits under the provisions of this section.
  4. Every permittee shall open, use or operate such hydrant in accordance with such rules and regulations and such terms and conditions as may be prescribed by the commissioner for the purpose of protecting and maintaining the hydrant in a continuously accessible and usable condition. A permit granted pursuant to this section may be revoked by the commissioner for the failure by the permittee to comply with any of the terms and conditions of the permit or any applicable provision of law.
  5. The opening, use or operation of a fire hydrant, under a permit issued pursuant to this section, shall be subject to inspection by an employee or employees of the department of environmental protection, duly appointed in accordance with the provisions of the civil service law, and assigned to such duties in accordance with the provisions of section eleven hundred three of the charter. The compensation of any such employee or employees shall be paid by the city in accordance with the provisions of section one hundred twenty-three of the charter. No permittee shall be required to pay the compensation of any employee, or any part thereof, as a condition to the granting of a permit for the opening, use or operation of a fire hydrant.

§ 24-309 Connections.

It shall be unlawful, within the city, to open any street, bore any pipe, or make connection with any main or pipe for water supply purposes, except under the direction of the commissioner of environmental protection.

§ 24-309.1 Tracking lead water service lines; online interactive map.

  1. No later than June 1, 2019, the department of environmental protection shall make information about known lead water service lines available on the city’s website in the form of an online interactive map, pursuant to section 23-803. The department of environmental protection, or individuals authorized by such department, shall make best efforts to identify all lead water service lines, including privately owned service lines, by consulting relevant city or public records or by any other relevant means.
  2. Such online interactive map shall:

   1. Be searchable by address or borough, block and lot number;

   2. Identify, to the best of the department of environmental protection’s ability, through a color scheme or other identification method, lead water service lines, and, if the composition is unknown, mark it as such until such department can determine its composition;

   3. Indicate which lead water service lines are owned by the city; and

   4. Provide relevant information to users, including information about lead contamination prevention, lead water test kits and any other relevant resources.

  1. If a property is serviced by a lead water service line, the department of environmental protection shall:

   1. If applicable, provide information to relevant property owners about the process and permissions required in making a connection to a pipe for the purposes of replacing lead water service lines; and

   2. Replace any known lead water service lines that are owned by the city as soon as practicable but no later than December 31, 2025.

  1. No later than June 1, 2019 and every June 1 thereafter, the department of environmental protection shall provide to the council and the mayor an annual report containing information on the following:

   1. Locations of all known lead water service lines;

   2. Efforts underway to replace lead water supply mains and service lines; and

   3. The status of public outreach and education efforts on the prevention of lead contamination.

  1. The department of environmental protection may include with any such report a recommendation to the mayor and the council about whether continued reporting on such topic is necessary and appropriate.

§ 24-310 Closing of taps before building is demolished.

It shall be unlawful to demolish any building in the city without first having obtained a permit from the department of environmental protection, providing for the withdrawal of existing taps supplying the premises, in the manner specified in the permit.

§ 24-311 Obstruction of stop-cocks.

It shall be unlawful for any person to obstruct access to a stop-cock connected with a water pipe in the city, or to permit any person in his or her employ to do so.

§ 24-312 Public wells.

It shall be unlawful to dig a well in any street or public place in the city, and the commissioner of transportation shall cause it to be filled in, in all cases.

§ 24-313 No royalty for use of patented apparatus.

No patented hydrant, valve or stop-cock shall be used by the department of environmental protection unless the patentee or owner of the patent shall allow its use without royalty.

§ 24-314 Right of entry on lands dedicated for highway or park purposes.

  1. The department of environmental protection shall at all times have the unqualified right to enter upon all lands transferred or dedicated under the provisions of chapter six hundred sixty of the laws of nineteen hundred twenty-one, for highway or park purposes, to make repairs, replacements, additions, alterations or extensions to its water mains, pipes or works and for any other use of the property necessary to the purposes for which it was originally acquired, without applying for or obtaining the consent of any other authority. The department of environmental protection shall rebuild and replace any part of the road bed thus destroyed or torn up for water supply or incidental purposes, and restore it to a condition satisfactory to the authority having jurisdiction there- over.
  2. All owners of property adjacent to such strip dedicated for highway purposes shall have a right of way over every part of such land so dedicated.

§ 24-315 Permits; issuance; revocation.

The commissioner of environmental protection is authorized and empowered to issue or renew temporary permits for the use or occupation of any city property, under his or her jurisdiction. Such issuance or renewal shall be for a term not to exceed five years, for such consideration and upon such terms and conditions as the commissioner may deem necessary for the adequate protection and utilization of such property. The permit or renewal thereof shall be non-transferable; shall specifically provide that it may be cancelled by the commissioner upon thirty days’ notice in writing and shall not confer any right, easement or interest in, to, over, under or across such property.

§ 24-316 Leaking tap or service pipe to be repaired.

  1. As used in this section:

   1. “tap” means a connection made between a city-owned pipe or main supplying water and a service pipe.

   2. “service pipe” means a pipe used to carry water from a tap to a house control valve, a building or other enclosure or a point at which the water supply is fully metered.

  1. When a test made by the department of environmental protection indicates that there is a leak at a tap or in a service pipe, if conditions permit, a notice shall be served by a representative of such department upon the owner or occupant of the premises being supplied by such tap or service pipe. The notice shall direct that all necessary repairs be made to stop the leak.
  2. In the event that a tap is shut off by the department because of a leak, the owner or occupant of the affected premises shall be notified that the tap has been closed and that a licensed plumber should be engaged to make the necessary repair and take charge of the street excavation. If the owner or occupant fails within three days after notice, excepting emergencies as determined by the commissioner to engage a licensed plumber, the tap shall remain closed and the department of environmental protection shall backfill the excavation.

§ 24-317 Lien on premises.

  1. There shall be filed in the office of the department of environmental protection a record of all work caused to be performed by or on behalf of the department which relates to section 24-316 of this code. Such records shall be kept on a building by building basis and shall be accessible to the public during business hours. Within thirty days after the issuance of an order to shut off a tap, or backfill an excavation, or both, entry of such order shall be made on the records of the department of environmental protection. Such entry shall constitute notice to all parties.
  2. All expenses incurred by or on behalf of the department for services performed pursuant to section 24-316 of this code shall constitute a lien upon the land and buildings upon or in respect to which, or either of which, the work required by such order has been done, or expenses incurred, when the amount thereof shall have been definitely computed as a statement of account by the department and such department shall cause to be filed in the office of the city collector an entry of the account stated in the book in which such charges against the premises are to be entered. Such lien shall have a priority over all other liens and encumbrances except for the lien of taxes and assessments. However, no lien created pursuant to this section shall be enforced against a subsequent purchaser in good faith or mortgagee in good faith unless the requirements of subdivision a of this section are satisfied; this limitation shall only apply to transactions occurring after the date such record should have been entered pursuant to subdivision a and the date such entry was made.
  3. A notice thereof, stating the amount due and the nature of the charge, shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the premises, addressed to either the owner or the agent.
  4. If such charge is not paid within thirty days from the date of entry, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property, to be calculated to the date of payment from the date of entry.
  5. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises. Such lien shall be a tax lien within the meaning of sections 11-319 and 11-401 of the code and may be sold, enforced or foreclosed in the manner provided in chapters three and four of title eleven of such code or may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law.
  6. Such notice mailed by the city collector pursuant to this section shall have stamped or printed thereon a reference to this section of the code.

§ 24-318 Validity of lien; grounds for challenge.

  1. In any proceedings to enforce or discharge a lien created pursuant to section 24-317 of this subchapter, the validity of the lien shall not be subject to challenge based on:

   (1) The lawfulness of the work done; or

   (2) The propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this section.

  1. No such challenge may be made except by (1) the owner of the property, or (2) a mortagee or lienor whose mortgage or lien would, but for the provisions of section 24-317 of this subchapter, have priority over the department’s lien.

§ 24-320 City authorized to use ground under streets and highways.

All persons acting under the authority of the city shall have the right to use the ground or soil under any street, highway, or road within this state to introduce water into the city, on condition that they shall cause the surface of such street, highway, or road to be restored, and all damages done thereto to be repaired.

§ 24-321 Restriction on power to contract.

It shall be unlawful for the commissioner of environmental protection to enter into any contract with any person engaged in the business of supplying or selling water for private or public use and consumption, without the prior approval of the board of estimate. The separate written consent and approval of the proposed contract in all its details, shall be given by both the mayor and comptroller. It shall be unlawful for the city or any of its agencies to make any contract in relation to the water supply with any person, except in accordance with the provisions and requirements of the charter and this code. Such provisions and requirements are hereby declared to establish the exclusive rule for the making of such contracts. All proceedings relating to the making or approval of any such contract may be reviewed by the appellate division of the supreme court in the first or second department on the application of any resident taxpayer.

§ 24-322 Special water service for fire, sanitary and other purposes.

  1. The board of estimate may make and enter into contracts and agreements for a term of years with any corporation duly organized under the laws of this state, for the furnishing of a special water service for fire, sanitary and other purposes, and for supplying water suitable therefor from any source with a pressure equal to a head of three hundred feet above tide water. Such contracts and agreements shall contain such conditions, provisions and stipulations as such board may consider necessary and proper in the interests of the city, and shall be upon such terms as it deems best. Such board, by such contract, may authorize such corporation to lay down pipes and erect hydrants in the streets of the city, under such restrictions and conditions as may be prescribed by such board.
  2. Such contracts or agreements may also provide for the purchase by the city of all the rights and property secured by such corporation and the works constructed by them for furnishing water for such special purposes, when such board of estimate shall deem such purchase to be for the interest of the city. Such purchase, however, must be determined upon by such board at the expiration of five years from the date of the contract. The cost of such purchase shall be determined by arbitrators appointed by the supreme court.
  3. This section and all contracts or agreements executed under its provisions, shall be construed so as not to interfere with, hinder or delay the construction and use of any works now or hereafter authorized by law, relating to procuring an increased supply of water from the Croton aqueduct system of the city.

§ 24-323 Construction of highways and bridges in connection with reservoirs.

The city is required to build such highways and bridges as may be made necessary by the construction of any reservoir, and to forever repair and maintain such bridges.

§ 24-324 Construction of highways around middle branch reservoir.

The city is required to repair and maintain the highways built or in process of construction by the city around the new reservoir, on the middle branch of the Croton river, in the town of South East.

§ 24-325 City to erect and maintain fences to protect certain water works.

The city, at its own expense, shall erect and maintain all fences needed to protect the works upon the lands taken by the city in the county of Westchester for water supply purposes by virtue of chapter two hundred fifty-six of the laws of eighteen hundred thirty-four. It shall also erect and maintain, at its own expense, convenient passes under or across the Croton aqueduct, for farming and other uses of individually owned lands in such county intersected by such aqueduct.

§ 24-326 Regulation of use of lakes and reservoirs used for city water supply.

  1. Any natural lake or any reservoir used or built by the city for water supply purposes may be used by the public for boating, cutting ice and fishing. The city and its representatives shall not prohibit such use, and they are required to afford access to such lakes or reservoirs, except that the city may prohibit such use in the event of a declaration of an emergency by the governor as hereinafter provided and except in the event of the declaration of war by or against the United States of America. The city may grant permits to boat owners for the use of boats on such lakes and reservoirs, and may prescribe rules and regulations for their proper use.
  2. If any emergency shall have been declared to exist by the governor in the manner hereinafter provided in subdivision c of this section or in the event of a declaration of war by or against the United States of America, the mayor, for the duration of such emergency or of such war, may revoke, in whole or in part, the privileges set forth in subdivision a hereof and prohibit the use by the public of the lakes and reservoirs of the city. The commissioner may make reasonable rules and regulations as to the use of such reservoirs during such emergency or war period. Any such order of revocation shall define the terms and extent of revocation, and shall state the date on which it shall become effective. Any rules and regulations promulgated by the commissioner of environmental protection during such emergency shall be published once in a newspaper circulating in each of the counties in which the water supply property to be affected thereby shall be located.
  3. The governor is hereby empowered to declare the existence of an emergency affecting the city’s water supply sources upon application of the commissioner of environmental protection and subject to the following conditions:

   1. Notice of the application by the commissioner to have such emergency declared and of the date and place of the public hearing to be had thereon shall be published at least twice in a newspaper published in each county in which are located the sources of water supply as to which it is claimed the emergency exists and in addition written notice of such application and of the date and place of the hearing thereon shall be served on the clerk of the board of supervisors of each such county at least eight days before such hearing.

   2. After such public hearing, at which all persons interested shall have an opportunity to be heard, the governor, may, if he or she deems such emergency to exist, declare the existence of such emergency affecting the city’s water supply sources and fix the period for which the emergency shall be deemed to exist. The duration of such period of emergency may be extended after the giving of similar notice and after holding of a similar public hearing.

   3. Notwithstanding the requirements of paragraphs one and two of subdivision c of this section, the governor shall have the power to declare the existence of an emergency affecting the city’s water supply sources or any part thereof upon application of the commissioner without notice, and without a public hearing for a period not exceeding thirty days. Where such emergency is so declared, however, it shall not be extended or renewed except after notice and public hearing as provided in such paragraphs one and two.

  1. In the event of the declaration of an emergency by the governor or of the declaration of war by or against the United States of America, duly designated employees of the department of environmental protection are empowered and authorized to act as peace officers in any county in which any water supply property of the city is located for the purpose of enforcing the rules and regulations promulgated by the commissioner for the period of the emergency. The department of environmental protection shall file in the office of the sheriff of each such county a certificate of appointment of each such designated employee, and shall attach to each such certificate a complete copy of the rules and regulations promulgated pursuant to subdivisions a and b of this section. Copies of all amendments of such rules and regulations shall be filed by the commissioner with each such sheriff. The sheriff of any such county may cancel any such certificate for cause, and forthwith shall mail written notice of such cancellation to the department of environmental protection, specifying the cause of such revocation. Immediately upon any such cancellation, the employee whose certificate shall have been cancelled, shall have no further authority to act as a peace officer. Each employee so appointed at all times when on duty, shall have in his or her possession a shield or other suitable badge of authority which he or she shall exhibit at once to any person upon request.
  2. It shall be the special duty of the employees so appointed to prevent breaches of the peace and unlawful depredations and to arrest and bring before the proper judicial officer any person guilty of violating any of such rules and regulations.
  3. Any person convicted of violating any of the rules and regulations promulgated pursuant to subdivision a of this section shall be punished by a fine of not more than ten dollars for the first offense, twenty dollars or ten days imprisonment, or both, for the second offense, or fifty dollars or fifty days imprisonment, or both, for the third or any subsequent offense.

§ 24-327 Regulation of use of Putnam county lakes and reservoirs used for city water supply.

Whenever the waters of natural lakes in Putnam county have been or are acquired by the city, or reservoirs have been or are constructed, the residents of such county shall have the right of boating, fishing and taking ice from such lakes and reservoirs, subject to such regulations as the commissioner of environmental protection may make from time to time to preserve the purity of the water and to prevent nuisances, and subject, however, to the right of the city to prohibit such use in the event of the declaration of an emergency as provided in section 24-326 of this code.

§ 24-328 Lake Mahopac; level of water not reduced.

Nothing in this chapter contained shall authorize, empower or permit any water in excess of its ordinary flow to be drawn from Lake Mahopac, in the town of Carmel, Putnam county, between the first days of March and September in any year.

§ 24-329 Interments near reservoir prohibited.

It shall be unlawful to establish any cemetery or place of burial, or burial vaults, or other place for the reception or burial of dead bodies, or to bury, or deposit in vaults, any dead body, within a distance of half a mile of any reservoir, or any ponds used for the supply of the borough of Brooklyn with water. In the county of Nassau, however, it shall be lawful to do so with the written consent of the state department of health and the commissioner of environmental protection upon such terms and conditions as may be prescribed by such commissioner. This section shall not, however, be construed to prevent burials in any cemetery already established, or grounds now held by any religious corporation or society organized under the laws of this state.

§ 24-330 Watering horses.

  1. Within the city, all publicly owned watering troughs, and those erected or maintained by the American Society for the prevention of cruelty to animals, shall be provided with the necessary piping and fixtures to enable the filling of pails with water therefrom, or otherwise modified in construction so as to meet the requirements of the board of health. The supply of water for such troughs shall be furnished by the department of environmental protection. All other horse-watering troughs on streets and public places in the city shall likewise be provided with the piping and fixtures necessary to enable the filling of pails with water, and the use of the water for that purpose shall be paid for. All horse-watering stations in streets and public places hereafter constructed or operated, shall conform to the provisions of this section. It shall be unlawful to draw water from such fixtures except to water horses or other animals. It shall be unlawful to tamper with such fixtures.
  2. Every commercial vehicle to which a horse is attached, while on the public thoroughfares of the city, must be provided with a watering pail, which shall be used for the purpose of watering or feeding the horse or horses attached to the vehicle.
  3. The provisions of this section shall not prevent the establishment of temporary relief stations for watering horses in conformity with such requirements as may be imposed by the board of health, with the consent of the commissioner.

§ 24-331 Sale of water; license.

It shall be unlawful for any person, except when licensed by the commissioner, to take water from any hydrant or water connection erected, or to be erected in the city, and attached to the water pipes, to be used on any boat, vessel, barge or piledriver, or to be sold or offered for sale to the owner of any boat, vessel, barge, or pile-driver.

§ 24-332 Use of water through hose.

It shall be unlawful for any person to wash any street, sidewalk, areaway, steps, building or other place in the city by means of a hose or piping, or to use water through a hose or sprinkler for watering lawns or gardens, or to operate any outside shower where the water runs upon a street, sidewalk, or other public place between the first day of November and the last day of March following.

§ 24-334 Water meters; when to be placed.

    1. The commissioner is authorized to install or cause to be installed water meters, the pattern and maximum price of which shall be approved by the board of estimate in any or all stores, workshops, hotels, lodging houses, factories, office buildings, and public edifices, at wharves, ferry houses, and stables, and in all places in which water is furnished for business consumption and in any or all new or substantially improved or altered dwellings. When authorized thereto by resolution of the board of estimate or by local law, the commissioner may install such meters in any or all other multiple dwellings, and he or she shall install such meter or meters or cause them to be installed upon written demand of the owner of any lot or premises to which such water is supplied.

   (2) For purposes of this subdivision an improvement or alteration is a physical change in an existing structure, other than painting, ordinary repairs and normal replacement of maintenance items. A structure shall be deemed to have been substantially improved or altered where:

      (a) the cost of improvement or alteration exceeds the sum of one hundred fifty thousand dollars; or

      (b) fifty percent or more of the dwelling units or square feet of the structure in multiple dwellings are improved or altered and the cost of such improvement or alteration exceeds the sum of fifteen thousand dollars per dwelling unit; or

      (c) there has been a conversion in the use of the structure.

  1. Thereafter, as shall be determined by the commissioner, the department shall make out all charges for water furnished by such department to such premises in ratable proportion to the water furnished, as ascertained by meter, subject to such minimum and service charges as may be established. All expense and cost of meters, and their connections, and of their setting, repair and maintenance, unless with the approval of the board of estimate such expense and cost be borne by the department, shall be a charge and lien upon the premises.
  2. This section shall not, however, be construed so as to remit or prevent the due collection of arrearages or charges for water consumption heretofore incurred, nor interfere with the proper liens therefor, nor of charges, or rates, or liens hereafter to be incurred for water consumption in any building or place which may not contain one of the meters aforesaid. The moneys collected for service charges and for expense and cost of meters and their connections, and for setting, repairing, maintaining and replacing the same, may be applied by the commissioner to the payment of expenses incurred in procuring meters and their connections and in their setting, repair, maintenance and replacement.

§ 24-335 Charges where supply is metered.

No charge for the supply of water other than a meter charge, minimum charge or annual service charge shall be made against any houses or lots or any portion or portions thereof where a water meter may have been or shall be placed. In all cases where a water meter may have been or shall be placed, the charge for supply of water shall be determined only by the quantity of water actually used, as shown by such meters, except for a minimum charge or an annual service charge and except as provided by subdivision four of section seven hundred thirty-four of the charter.*

§ 24-336 Acquisition of water meters.

The commissioner may acquire any water meters installed upon premises connected with the public water supply, from private owners, with the approval of the mayor, upon such terms and subject to such rules and regulations as the mayor may approve.

§ 24-337 Waste of water prohibited; remedies.

  1. It shall be unlawful for water to be wasted, whether owing to leak or wasteful condition, regardless of fault, from any water pipe, valve, faucet, conduit, equipment, facility or device connected to the city water system or which utilizes city water. It shall be the duty of an owner, lessee, agent, manager, operator and of any other person in charge of or who has control over any premises, plant, equipment, facility, device or operation to make frequent regular inspections so as to minimize the likelihood of leak or waste and within a reasonable time after the discovery or notification of any leak or wasteful condition to effect repairs or take other appropriate corrective action within the power of such person. The commissioner of environmental protection shall promulgate such reasonable rules and regulations as the commissioner may from time to time deem appropriate for the prevention of the waste of water.
  2. In addition to enforcement pursuant to section 24-346 the commissioner may serve a leak and waste notice upon any person having a duty to repair or correct a leak or wasteful condition or upon any person in violation of the rules and regulations for the prevention of the waste of water. Such notice shall specify the repair or correction to be made and shall fix a reasonable time for compliance. Where such notice has been served and water continues to be wasted after the time for correction has expired, the commissioner may, after notice and an opportunity for a hearing before the commissioner or his or her designee, turn off the water supply to the premises or impose a penalty not to exceed fifty dollars per day for each day that water continues to be wasted after the expiration date contained in the notice, or both. Any penalty imposed pursuant to this section may be added to the water rents; except that no such penalty may be imposed against any property unless both the leak and waste notice and notice of the proceeding to impose the penalty was served upon the owner by mailing copies thereof to the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills at the address on file for such purpose or where no name appears to the property addressed to “owner” or “agent” and such person has had an opportunity to be heard. The provisions of this subdivision shall not be construed to limit the commissioner’s power to shut off water supply without notice, or with such notice as the commissioner may deem practicable, where a leak exists; or where emergency action is otherwise deemed essential.
  3. The department shall establish or reestablish a permanent committee on water conservation (the “committee”) within six months of the effective date of this section consisting of outside experts, representatives of public interest, environmental and professional groups and interested citizens, two of whom shall be appointed by the city council and the rest shall be appointed by the commissioner. The members of the committee shall serve without compensation for a term of three years. The commissioner shall be the chairman.
  4. Within one year after the effective date of this section, and annually thereafter, the committee shall submit to the city council a report evaluating the effectiveness of paragraphs a through e, of subdivision P.104.2 of section P.104.0 of RS 16 describing the latest available water-conserving fixtures, and including written recommendations. The department shall make available to the committee any and all information useful and necessary for the committee to prepare and complete the report for submission to the city council. To prepare such report the committee shall utilize any information and/or materials determined to be pertinent that have been published, distributed or in any other manner made available from state agencies, public and private research groups, multistate agencies such as the Delaware River Basin Commission, and other similar public or private agencies or groups with expertise with respect to water-conserving plumbing fixtures. The report shall include, but not be limited to:

   (1) a review of compliance with paragraphs a through e, of subdivision P.104.2 of section P.104.0 of reference standard RS 16 of the appendix to chapter one of title twenty-seven of this code, the impact of such compliance, and the relationship of the standards set forth herein to current technology;

   (2) recommendations as to the feasibility of requiring more stringent water-saving performance standards than provided in paragraphs a through e of subdivision P.104.2 of section P.104.0 of reference standard RS 16.

  1. The department shall establish a city-wide comprehensive public information campaign focusing on water-conserving fixtures, the benefits of good water-saving equipment, and the opportunity for rapid pay-back and long-term money savings, especially in energy costs, for home owners and landlords. Within six months after the effective date of this section, a proposal for the public information campaign shall be submitted to the city council for review and commentary. The department shall report annually to the city council on the status of the public information campaign.

§ 24-338 Meters to be installed where water is wasted.

The commissioner is authorized to install or cause to be installed a meter or meters in any premises where repeated violation notices to prevent waste of water are necessary, or where the owner fails to comply with waste of water violation notices.

§ 24-339 Water saving plumbing fixtures.

  1. It shall be unlawful for any person to distribute, sell, offer for sale, import or install any plumbing fixture which does not meet the standards of subdivision P.104.2 of section P.104.0 of reference standard RS sixteen.
  2. An owner who has installed a shower head in a class A dwelling unit which meets the standards of subdivision P.104.2 of section P.104.0 of reference standard RS sixteen shall not be required to replace any such device which is stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit but shall replace such device prior to the commencement of a new occupancy of such dwelling unit. Notwithstanding the provisions of section 27-2005, it shall be the sole duty of the occupant of each dwelling unit in a class A multiple dwelling in which such a shower head has been provided and installed by the owner to replace such devices which are either stolen, removed, missing or rendered inoperable during the occupancy of such dwelling unit. The meaning of terms used in this subdivision shall be as defined in chapter two of title twenty-seven of this code.

§ 24-341 Charges not to be affected.

Nothing contained in sections 24-335 through 24-337 of the code shall be construed to prevent the imposition of charges in accordance with schedules, rules or regulations heretofore adopted or the performance of any act required or authorized under such schedules, rules or regulations or under the provisions of sections 24-335 through 24-337, 11-301, 11-312 and 11-314 of the code, nor to affect or invalidate charges heretofore imposed, or hereafter to be imposed as herein provided, nor to prevent the due collection of such charges or interfere with the liens thereof.

§ 24-342 Connection charges.

All persons contracting for a supply of water within the city, shall pay the cost of the materials and labor used and expended in the streets, necessary to make the connection with the conduit pipes, as required by the rules and regulations of the commissioner of environmental protection.

§ 24-343 Transfer of house service pipe connection to new water main.

  1. In instances where the city has laid a water main in a street where surface grades have been established but where the surface has not been improved to the established grade and when a new water main is installed by the city because it is required by the grading of such street to the established grade, the commissioner of environmental protection shall issue an order directing the owner of each house which was directly connected with the main as previously laid, to transfer the house service pipe connection to the new main, at the expense of such owner when required in accordance with the rules and regulations of the commissioner.
  2. When a new water main is installed by the city to replace a private main, the commissioner shall issue an order directing the owner of each house fronting on the city main and receiving water from such private main to transfer the house service pipe connection to the city main, at the expense of such owner and in accordance with the rules and regulations of the commissioner.
  3. An order issued pursuant to this section shall be served upon the owner of the premises, by registered mail sent to the address registered by such owner in the bureau of city collections in the department of finance, or if no address is registered in such bureau, by registered mail sent to the last known address of such owner, or to the address of such owner as shown on the records in the office where conveyances of real property are recorded pursuant to law.
  4. If the transfer is not made within ten days after the mailing of such order, the department of environmental protection may make such transfer through its officers, agents or contractors. The owner shall be personally liable for the expenses and disbursements incurred by the department in making such transfer. The amount of such expenses and disbursements shall be due and payable when definitely fixed by the commissioner of environmental protection and entered upon the records in the office of the city collector. A notice stating the amount due and the nature of the charge shall be mailed by the city collector within five days after such entry to the address registered by such owner in the bureau of city collections in the department of finance, or if no address is registered in such bureau, to the last known address of the owner of such property or to the address of such owner as shown on the records in the office where conveyances of real property are recorded pursuant to law. If such amount is not paid on or before the last day of the month following the month of entry, it shall be the duty of the city collector to charge, collect and receive interest thereon at the rate of seven per cent per annum to be calculated to the date of payment from the date of entry. The amount of such expenses and disbursements and the interest thereon shall be a lien upon the premises for which the transfer of the house service pipe connection was made, and shall be enforced and collected in the manner provided in chapter three of title eleven of this code for the enforcement and collection of water rents and the lien thereof.

§ 24-343.1 Backflow prevention device reporting.

  1. For purposes of this section the following terms shall have the following meanings:

   (1) “Backflow” shall mean a flow condition, induced by a differential in pressure, that causes the flow of water or other liquids and/or gases into the distribution of pipes of a city water main, private water main, or to an internal water main from any source other than its intended source.

   (2) “Backsiphonage” shall mean the backflow of contaminated or polluted water, or water of questionable quality from a plumbing fixture or other source, into a city water main, private water main, or to an internal water main due to a temporary negative or sub-atmospheric pressure within the public water supply system.

   (3) “Backflow prevention device” shall mean an approved air gap, reduced pressure zone device or double check valve assembly used to contain potential contamination within a facility.

   (4) “Cross connection” shall mean a physical connection or arrangement between two separate piping systems where one system contains potable water and the other contains steam, gas, a chemical, or water of questionable safety, and there may be a flow from one system to the other.

   (5) “Hazardous facility” shall mean a facility in which substances may be present that may endanger the health of other water users if introduced into the public water system, including but not limited to, laboratories, sewage treatment plants, chemical plants, hospitals and mortuaries.

  1. When the department or the owner or operator of a building or structure has determined that there is a cross connection and no backflow prevention device, or a defective or unapproved device, such that there is a possibility of backflow or backsiphonage from such building or structure into a city water main, private water main, or to an internal water main, the owner or operator of such building or structure shall be under a duty to correct such potential or actual backflow or backsiphonage and provide the proper documentation to certify to the department that a backflow prevention device has been installed and where appropriate, that a backflow prevention device has been replaced. Where removal of a cross-connection or installation or replacement of a backflow prevention device has been performed as part of a project for which a licensed professional engineer or registered architect has submitted plans that have been approved by the department, such licensed professional engineer or registered architect shall inspect and submit to the department a certification that the cross-connection has been removed or a backflow prevention device installed or replaced in conformity with plans approved by the department or the department of buildings.
  2. The department shall send out a mailing to or shall otherwise notify owners or operators of facilities identified by the department as potentially requiring backflow prevention devices informing them of the potential need for such a device and of the process for installation of backflow prevention devices under the auspices of the cross connection control program. The materials contained in such mailing shall be translated into such languages provided for in section 8-1002* of this code.
  • Editor’s note: Repealed. For current provisions, see Title 21, Chapter 1, Subchapter 1.
  1. On or before February 15, 2020, and on or before every February 15 thereafter, the department shall submit a report to the mayor and the speaker of the council setting forth the following information:

   1. The number of all facilities that the department estimates requires the installation of one or more backflow prevention devices;

   2. The number of such facilities that the department has determined to be hazardous facilities;

   3. The number of all facilities in which backflow prevention devices were installed in the preceding calendar year;

   4. The number of hazardous facilities in which backflow prevention devices were installed in the preceding calendar year;

   5. The number of annual backflow prevention device test reports filed with the department in the preceding calendar year;

   6. The number of violations issued in the preceding calendar year for failure to install a backflow prevention device; and

   7. The number of violations issued in the preceding calendar year for failure to file an annual backflow prevention device test report with the department.

§ 24-344 Report of receipts by clerk in bureau of water register.

The clerk of the bureau of water register assigned to collecting, on each day, except Sunday of each week, shall render to the comptroller an account, under oath, of all moneys received by him or her, showing the amounts received from all classes of revenue and shall, thereupon, pay over the amounts so received to the commissioner of finance, furnishing to the comptroller a receipt showing the payment of such sums into the city treasury.

§ 24-345 Pay-as-you-go financing for certain water pollution control projects.

  1. Subject to the provisions of subdivision c and subdivision d of this section, for the fiscal year commencing July first, nineteen hundred seventy-seven and for each succeeding fiscal year, a direct mandatory budget appropriation shall be made for the city’s per centum share of the costs of the north river water pollution control project, the oakwood beach water pollution control project and the red hook water pollution control project payable during such fiscal year.
  2. The budgetary appropriations made to pay part of the annual costs of such projects shall be in amounts consistent with the requirements of any final judgment, decree or order of any federal court which sets forth a schedule for the completion of such projects.
  3. For the fiscal year commencing July first, nineteen hundred seventy-seven, such appropriation shall not exceed the sum of eight million dollars.
  4. The aggregate amount of such annual appropriations shall not exceed the sum of seventy-nine million dollars.

§ 24-346 Enforcement and penalties.

  1. Notwithstanding any other provision of law, the commissioner of environmental protection and the environmental control board shall enforce the provisions of this chapter and chapter four of this title and the regulations promulgated pursuant thereto or pursuant to section fourteen hundred three of the New York city charter as hereinafter provided. Such commissioner and board shall have the power to issue such orders as may be provided for herein and such additional orders as may be necessary for the enforcement of such provisions.
  2. Any person who violates or fails to comply with any of the provisions of this chapter and chapter four of this title or any order, rule or regulation issued by the board or commissioner or with the conditions of any permit issued by the commissioner within the city of New York shall be liable for a civil penalty of not less than fifty nor more than one thousand dollars for each violation, except that the civil penalty for violating section 24-303.1 shall be not less than two thousand five hundred dollars nor more than twenty-five thousand dollars and the civil penalty for the removal of a manhole cover in violation of section 24-304 shall be not less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense. The environmental control board shall have the power to impose such civil penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation returnable to such board. Such board, after a hearing as provided by the rules and regulations of the board, shall have the power to enforce its final decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision d of section one thousand forty-nine-a of the New York city charter. A civil penalty imposed by the board may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The board, in its discretion, may, within the limits set forth in this subdivision, establish a schedule of civil penalties indicating the minimum and maximum penalty for each separate offense.
  3. In addition to the civil penalties set forth in subdivision b of this section and except as otherwise specifically provided, any person who knowingly violates or fails to comply with any provision of this chapter and chapter four of this title or any order, rule or regulation issued by the commissioner or board or with the conditions of any permit issued by the commissioner shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty nor more than one thousand dollars, or by imprisonment not exceeding thirty days, or both for each violation, except that the punishment for the removal of a manhole cover in violation of section 24-304 shall be a fine of not less than five hundred dollars nor more than ten thousand dollars, or imprisonment not exceeding thirty days, or both for each violation. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense.
    1. In the case of any continued or knowing violation of any of the provisions of this chapter and chapter four of this title or any order, rule or regulation issued by the board or commissioner or of the conditions of any permit issued by the commissioner within the city of New York or where the board finds that the violation of any of such provisions or of the conditions of any such permit presents or may present a danger to the water supply or the water supply system, the board after notice and the opportunity for a hearing in accordance with the rules and regulations of the board, may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility, device, equipment, installation or operation to cease and desist from any activity or process which causes or is conducted so as to cause such violation within the time specified in such order.

   2. Such order may provide that if the order is not complied with or so far complied with as the commissioner of environmental protection may regard as reasonable within the time specified therein, the commissioner may take such action as shall be specified therein, including but not limited to:

      (a) sealing, blocking or inactivating any equipment, facility or device; or

      (b) terminating the water supply. For such purpose the commissioner or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property.

    1. Whenever the commissioner has reasonable cause to believe that a violation of the provisions of this chapter and chapter four of this title or any order, rule or regulation issued by the board or commissioner or in violation of the conditions of any permit issued by the commissioner within the city of New York creates or may create an imminent danger to the water supply or to the water supply system or to the public health or to the life or safety of persons, the commissioner may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility, device, equipment, installation or operation to take such action as may be necessary to halt or prevent such violation.

   2. If service of the order cannot be made personally because such person cannot be located at such time then service may be made by delivering a copy to a person of suitable age and discretion at the residence or place of business of the person sought to be served. If service cannot be made personally or by such delivery to a person of suitable age and discretion because of inability to locate or to obtain the name or address of such person at such time, service may be made by conspicuously posting a copy of such order upon the property to which it relates. The posting of such order shall be sufficient notice of such order to all persons having a duty in relation thereto under the provisions of this subdivision.

   3. If the order is not complied with or so far complied with as the commissioner may regard as reasonable, within the time specified therein the commissioner may act to halt or prevent such violation by:

      (a) sealing, blocking or otherwise inactivating any equipment, facility or device;

      (b) terminating the water supply; or

      (c) any other means or method that is reasonable under the circumstances. For such purpose the commissioner or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property.

   4. Any person affected by such an order may make written application to the environmental control board for a hearing. Such hearing shall be provided, pursuant to the rules and regulations of the board, and shall be held within forty-eight hours after the receipt of such application. The board may suspend, modify or terminate such order.

  1. If the respondent fails to comply with any order issued by the board or commissioner or with the conditions of any permit, or the board or commissioner otherwise deems it necessary, the corporation counsel, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order or permit issued by the board or commissioner.
  2. Any person who violates or fails to comply with any of the provisions of this chapter and chapter four of this title or any order, rule or regulation or with the conditions of any permit issued by the commissioner shall be liable to the city for any expense, loss or damage suffered by the city by reason of such violation.
  3. Unless otherwise specifically provided, service of any notice or order may be made either personally or by mail addressed to the last known address of the person to be served.

Subchapter 2: Water Supply Sources Outside the City of New York

§ 24-347 Commissioner of environmental protection to submit forms of contracts and specifications for approval of corporation counsel.

Upon the filing of the oath of the commissioners of appraisal in the manner hereinbefore provided, the commissioner of environmental protection shall, from time to time, as the commissioner may determine, prepare and submit to the corporation counsel, forms of contracts and specifications for the doing of the work and the furnishing of the material required to be done and furnished by such approved plan, or for the doing of such parts of such work and the furnishing of such parts of the materials as the commissioner may from time to time determine. The forms of contracts, specifications and bonds for the faithful performance shall be subject to approval as to form by the corporation counsel, which approval shall be endorsed thereon or attached thereto. The commissioner is hereby given the exclusive authority to determine what provisions shall be embodied in such contracts.

§ 24-348 Advertisement for sealed bids or proposals for work or materials; publication.

When the form of any contract with its specifications and the form of bond for the performance thereof shall have been approved as provided for in section 24-347, the commissioner shall advertise for sealed bids or for proposals for the doing of the work or the furnishing of the materials called for in such approved form of contract. Such advertisment shall be published in the City Record and in two daily newspapers published in the city, to be designated by the commissioner, for at least fifteen days consecutively before the time fixed for the closing of the bid box.

§ 24-349 Receipt of sealed bids; deposit required.

All bids or proposals which may be sent in answer to the invitation of such advertisement shall be enclosed in a sealed envelope and delivered to the commissioner or to such person as may be designated by the commissioner to receive the same, who shall, upon receipt thereof, forthwith and in the presence of the person offering such bid, deposit it in a box provided for the receipt thereof. But no bid or proposal shall be so received or deposited unless at the time of such presentation there shall be deposited with the person as aforesaid designated a certified check upon a national or state bank, drawn to the order of the comptroller, to an amount not less than five percent of the amount of the bond or security required by such approved form for the faithful performance of the work or furnishing of the materials required to be done or furnished. Such amount need not, however, in any case, exceed one hundred thousand dollars.

§ 24-350 Public opening of bids, acceptance; rejection; readvertisement.

After the expiration of the time limited in the advertisement, such bids or proposals shall be publicly opened by the commissioner and he or she may select the bid or proposal, the acceptance of which will, in the commissioner’s judgment, best secure the efficient performance of the work, or the commissioner may reject any or all of such bids. In case of the rejection of all bids, the commissioner shall readvertise such contract, and shall receive and dispose of the bids tendered under such advertisement in the manner hereinbefore provided. In case any work shall be abandoned by any contractor, or the contractor’s contract terminated pursuant to the provisions thereof, it shall be readvertised and relet in the manner provided for in this subchapter for the original letting of such work, except that in such a case, the board of estimate by a two-thirds vote may order otherwise, and may authorize, upon the recommendation of the commissioner, the completion of the work in such manner and by such means as the commissioner deems appropriate.

§ 24-351 Return or forfeiture of deposits.

Within three days after the decision as to who shall receive the contract, the comptroller shall return all the deposits made to the persons making the same, except the deposit made by the bidder to whom the contract shall be awarded; and if the bidder to whom the contract is awarded shall refuse or neglect, within ten days after due notice that the contract has been awarded, to execute the same, and furnish the security required, the amount of deposit made by the bidder shall be forfeited to and be retained by the city as liquidated damages for such neglect or refusal and shall be paid into the general fund, but if such bidder shall execute the contract, and furnish the security within such time, the amount of the bidder’s deposit shall be returned to the bidder.

§ 24-352 Execution and filing of contracts; supervision and inspection of work and materials; employer’s bond.

The contracts, when so awarded, shall be executed in triplicate by the contractor or contractors on the one part and the commissioner acting for the city, on the other part. One of such originals shall be delivered to the contractor, and the other two shall be filed, one in the finance department and the other with the commissioner. The work and materials called for by such contract shall be done and furnished under the direction and supervision, and subject to the inspection of the commissioner, the commissioner’s engineers, supervisors and inspectors. No contract shall take effect until the commissioner shall certify thereon in writing that the commissioner’s acceptance will, in the commissioner’s judgment, best secure the public interest and the efficient performance of the work therein mentioned.

§ 24-353 Obligations for capital projects; proceeds for operating expenses.

Expenditures made or incurred by the commissioner of environmental protection shall not be considered operating expenses but shall be deemed to be part of the acquisition, construction or addition to a water supply or distribution system and may be financed in the same manner as the acquisition, construction or addition to a water supply or distribution system.

§ 24-354 Work and materials to be procured by contract; exceptions; certificate of public interest.

  1. All work hereby authorized to be done and all materials hereby authorized to be furnished involving an expenditure of over one thousand dollars, shall be procured by contract made in the manner required by and pursuant to the provisions of this subchapter. The commissioner of environmental protection, however, may without contract cause such surveys to be made and such maps, plans and estimates to be prepared, as shall, in his or her opinion, be necessary to carry out the provisions of this subchapter, and may appoint and fix the compensation of suitable engineers and other persons to supervise and inspect all work hereby authorized to be done. The commissioner of environmental protection may procure any work to be done without contract, not involving an expenditure of over five thousand dollars, if the commissioner certifies that in his or her opinion, it is for the public interest that such work be done; and in such certificate the commissioner shall state his or her reasons therefor.
  2. Notwithstanding any inconsistent provisions of this subchapter or of any general or special law, the commissioner of environmental protection, during the existence of a state of war between the United States of America and the governments of Germany, Japan and Italy, or any of them, and for six months immediately following the termination thereof, may procure or contract for, without public letting, any equipment or materials necessary for the completion of the Delaware aqueduct and appurtenant structures and for any work to be done in connection with the installation of such equipment or materials if the commissioner certifies that in his or her opinion, it is in the public interest that any such equipment or material be procured or contracted for or any such work be done, without public letting, and any such certificate of the commissioner shall state his or her reasons therefor. Any such certificate shall be filed in the office of the comptroller of the city of New York.

§ 24-355 Police protection to inhabitants of construction areas; appointment and dismissal of police; powers and duties.

  1. It shall be the duty of the commissioner of environmental protection to provide proper police protection to the inhabitants of the localities in which any work may be constructed under the authority of this subchapter during the period of construction, against the acts or omissions of persons employed on such works or found in their neighborhood. To that end the commissioner is authorized and required to appoint a sufficient number of persons to adequately police such localities for such periods. The commissioner shall also have power to remove such persons and to fix or change their compensation in his or her discretion, which compensation shall be paid by the city upon a certificate of the commissioner, as part of the expense authorized to be incurred by this subchapter.
  2. The commissioner of environmental protection shall give to each person so appointed a certificate of appointment and certified copies thereof, one of which shall be filed in the office of the sheriff of each county in which any work shall be in process of construction under this subchapter and in which such person shall be authorized to perform that person’s duties. Each person so appointed shall be and have all the powers of a peace officer in the county where any work is being constructed under the authority of this subchapter. Such person shall at all times when on duty wear upon his or her clothing or have in his or her possession a shield or other suitable badge of authority which such person shall at once exhibit to any person asking therefor.
  3. It shall be the special duty of the persons so appointed to prevent breaches of the peace and unlawful depredations and to arrest and bring before the proper magistrates persons employed on such works or found in the vicinity thereof, who are guilty of offenses against the law punishable by death, imprisonment or fines, or persons whom they may have reasonable cause to believe to be guilty of such offenses.
  4. The sheriff of a county wherein a certificate of appointment of any such person as a peace officer is filed may cancel such certificate for cause, and shall immediately give notice in writing of such cancellation to the commissioner of environmental protection, specifying the cause of such revocation. Such notice may be given by mail. On such cancellation the authority of such person as a peace officer shall immediately cease.
  5. Any expense necessarily incurred by a county, town or city in a criminal action or proceeding against any person employed on any works constructed or in process of construction under this subchapter, or in the suppression of riots among persons employed on such work, or in the prevention of the commission of crime by such person, after being duly audited, as required by law, shall constitute a claim in favor of such county, town or city against the city of New York and an action may be maintained on such audit as for money paid to the use of the city.

§ 24-356 Construction and repair of highways and bridges; rules and regulations to prevent improper use.

  1. The city is hereby required to build and construct such highways and bridges as may be made necessary by the construction of any reservoir under this subchapter, and to repair and forever maintain such additional highways and bridges and to remove the snow and to sand the highway surfaces whenever necessary, except such as shall be part of any state route; and in case any bridge or highway thus constructed shall cross any railroad, it shall do so above or below such railroad and not upon the same level. The plans and specifications for any highways required to be constructed under the provisions of this section shall be approved by the state department of transportation.
  2. The commissioner of environmental protection shall make such reasonable rules and regulations, not in conflict with the highway law, as may be necessary to prevent improper and destructive use of highways and bridges constructed under the provisions of the water supply laws of the city of New York. Provided, however, that the commissioner of environmental protection shall have no greater authority in respect thereto than is now, or may hereafter be, vested by the highway law of the state of New York in the town, county or state authorities in relation to the construction and regulation of town, county and state highways. Any individual or corporation failing to observe such rules and regulations shall be guilty of a misdemeanor and, in addition, shall be liable for actual damages to such highways and bridges, to be recovered by the city.
  3. The state commissioner of transportation, in his or her discretion, shall have the power to perform, at the request of the commissioner of environmental protection and at the expense of the city, any work of original construction of substituting routes required to be performed by the city pursuant to this section. Whenever the state commissioner of transportation shall grant such a request of the commissioner of environmental protection, he or she shall prepare and submit to such commissioner of environmental protection for his or her approval an estimate of the cost of performing such work. Such estimate of cost shall be an estimate of the cost of performing such work of construction pursuant to plans, designs and specifications prepared by the commissioner of environmental protection and approved by the state commissioner of transportation, and shall include all costs in connection with performing such work, including the costs of engineering, auditing and administration. Upon approval of such estimate by the commissioner of environmental protection, the city shall thereupon deposit with the state comptroller, who is authorized to receive and accept the same, for the purpose of this subdivision, a sum of money equal to such estimate, which shall be subject to the draft or requisition of the state commissioner of transportation and a copy of the resolution of such commissioner of environmental protection authorizing such deposit shall be filed with the state commissioner of transportation and with the state comptroller. If, at any time prior to the award of a contract for the performance of such work or prior to the state commissioner of transportation becoming obligated to award such a contract, it appears to such commissioner of environmental protection that the state commissioner of transportation, for any reason, will be unable to award a contract for the performance of such work or that it is undesirable that such a contract be awarded, any sum or sums so deposited by the city, less the amount of cost which the state commissioner of transportation has already incurred, if any, shall be refunded to the city by the state comptroller upon demand of such commissioner of environmental protection made to the state comptroller and to the state commissioner of transportation. The performance of any such work of construction shall be by contract, to be let, so far as practicable, in the manner provided by section thirty-eight of the highway law, which section shall, so far as practicable, apply to contracts hereunder and payments thereon. Such contract shall be subject to and in conformity with such plans, designs and specifications of the commissioner of environmental protection. No contract shall be executed for any such work until satisfactory proof has been furnished to the state commissioner of transportation that the city has made available any real property required and any easements deemed necessary. When work performed by the state commissioner of transportation hereunder has been completed and the cost thereof paid, the state commissioner of transportation shall render to the commissioner of environmental protection an itemized statement showing in full (a) the amount of money which has been deposited by the city with the state comptroller in connection with such work, and (b) all disbursements made by the state commissioner of transportation in connection with the performance of such work. Any surplus money shall be paid to the city upon the warrant of the state comptroller upon vouchers therefor approved by the state commissioner of transportation.

§ 24-357 Report to comptroller of expenses and liabilities.

The commissioner of environmental protection shall in every calendar month file in the office of the comptroller an account of any expenses made by the commissioner, or under the commissioner’s authority, and of all liabilities incurred by the commissioner during the preceding month and an abstract of each such account shall be published in the City Record.

§ 24-358 Removal of buildings to prevent contamination of the water supply.

The city or its representatives shall not enter upon any lands not taken in pursuance of subchapter three-A of chapter three of title five for the purpose of preserving streams or watercourses from pollution or contamination, or of moving or causing to be moved any buildings, improvements or edifices on the ground that the same may contaminate the water supply, without making a provision for just compensation to the owner of such buildings or improvements for the removal or destruction thereof.

§ 24-359 Rights of fishing and ice cutting in lakes and reservoirs preserved; regulation.

Nothing herein contained shall authorize or empower the city to prohibit the public from using such lakes or reservoirs that may be constructed under the provisions of this subchapter, for the purpose of ice-cutting or fishing; and the city, or its representatives, shall not hereafter prohibit the public from using such lakes or reservoirs which are now under the care or supervision of the city for the purposes of ice-cutting or fishing, subject, however, to reasonable rules and regulations, and subject however, to the right of the city to prohibit such use in the event of the declaration of an emergency as provided in section 24-326 of this code.

Subchapter 3: Water Supply To Other Municipalities

§ 24-360 Water supply to municipalities other than New York city; connections; charges; regulations; quantity to be taken.

  1. It shall be lawful for any of the municipal corporations or water districts in the counties of Ulster, Greene, Delaware, Schoharie, Sullivan, Orange, Westchester and Putnam, and for the village of Deposit in the counties of Delaware and Broome, to take and receive from any of the reservoirs, aqueducts, conduits, streams or pipes of the city a supply of water for the uses and purposes of such municipal corporations or water districts or village and to that end such municipal corporations or water districts are, and each of them is, and such village also is, authorized and empowered to lay the necessary mains, pipes, valves, hydrants, supply pipes and other necessary appurtenances for the use of such water, without the consent of any board, officer, bureau, or department of the state or any subdivision thereof.
  2. The connections with such reservoirs, aqueducts, conduits, streams or pipes shall be made at the expense of such municipalities or water districts. They shall pay to the city such fair and reasonable water charges or rates as may be agreed upon between the commissioner of environmental protection and the authorities of such municipal corporations or water districts or as from time to time upon the application of either party shall be fixed by the New York state department of environmental conservation, which department is hereby given power to fix such fair and reasonable charges or rates after hearing all parties interested. The expenses of any such hearing and decision by the New York state department of environmental conservation shall be paid by the applicant. Bills for such expenses shall be certified by such department to the applicant and paid by the applicant directly to the claimant within thirty days of the date of such cer- tification.
  3. Such charges or rates shall not, however, exceed the charges or rates now charged by the city to persons using water in that city. Such fair and reasonable charges or rates shall be determined on the basis of the actual total cost of the water to the city after deducting from the total cost all construction costs and expenses of operation, maintenance and carrying charges incurred within the corporate limits of the city in connection with the distribution and delivery of the water within such limits. Such charges or rates fixed by the New York state department of environmental conservation shall be subject to review by the supreme court.
  4. Any such municipal corporation or water district desiring to take and receive water under the provisions of this section shall make application to the commissioner of environmental protection in writing, showing the place and manner in which it is proposed to make such connections. Such commissioner shall have exclusive jurisdiction in the premises, to the exclusion of any other board, officer, bureau or department of the state or any subdivision thereof. It shall be the duty of the commissioner to grant a permit or authorization for such connections, under reasonable rules and regulations, including the installation of proper meters or other devices for ascertaining the quantity of water thus taken.
  5. The daily quantity of water which may be taken and received by any municipal corporation or water district under the provisions of this section shall not exceed the quantity calculated by multiplying the number of its inhabitants as shown by the last preceding census of the United States or the last state or official municipal census by the daily per capita consumption in the city of New York.

§ 24-361 Change in sanitary sewers in city of Kingston, before water taken from Esopus creek, Ulster county.

In case any water shall be taken under the provisions of this subchapter from the Esopus creek in the county of Ulster, then and in that event and before any water shall be diverted from such Esopus creek, the city of New York shall, at the expense, cost and charge of the city and under a plan to be approved of by the common council and the city engineer of the city of Kingston, build, construct, reconstruct, alter or change the sanitary sewers of such city of Kingston known as the first and eighth ward sewers, the trunk sewer of which follows the general line of the Tannery brook in such city of Kingston and which now discharges or flows into the Esopus creek, so that the same shall discharge into the Hudson river or into the Rondout creek. The city of New York shall be liable for all damages of every name and nature which may result from the building, construction, reconstruction, alteration or changing of such sewers, and shall also at the expense, cost and charge of the city of New York, but in the name of the city of Kingston, acquire by purchase or by the condemnation proceedings provided for by this subchapter, all rights in and over private lands in the city of Kingston, which it may be necessary to acquire in order to build, construct, reconstruct, alter or change such sewers. The city of New York in executing such plan, may use for such purposes the public streets of the city of Kingston or any right of way or easement that the city of Kingston now has for the purpose of constructing or maintaining sewers.

§ 24-362 Disposal of the sewage of the city of Port Jervis.

  1. The city of New York, through the commissioner of environmental protection, is hereby authorized and empowered to enter into a contract or agreement, subject to the approval of the board of estimate, with the municipal authorities of the city of Port Jervis, New York, to provide for the treatment and disposition of the sewage of the city of Port Jervis in such manner as may be provided for in said agreement and the said municipal authorities of the city of Port Jervis are likewise authorized and empowered hereby to enter into the agreement aforesaid.
  2. The city of New York, through the commissioner of environmental protection, subject to the approval of the board of estimate, is hereby authorized and empowered to acquire by purchase, or by condemnation pursuant to this subchapter, such real estate in the city of Port Jervis or the county of Orange as may be necessary to carry into effect any agreed plan for the treatment and disposition of the sewage of the city of Port Jervis, and to convey any such real estate so acquired to the city of Port Jervis, any special or general law to the contrary, notwithstanding.
  3. Before proceeding with the construction, the plans and specifications therefor shall be submitted to the state department of health for approval and a permit obtained from the state department of health pursuant to the provisions of the public health law applicable thereto.

§ 24-363 Sewage disposal in Ulster, Delaware and Sullivan counties.

  1. The city of New York, through the commissioner of environmental protection, is hereby authorized and empowered, subject to the approval of the board of estimate, the state department of health, and the authorities of the town or village affected, or in the alternative the supreme court in the judicial district in which the proposed sewers and disposal works are to be located, to construct, maintain and operate systems and plants for the collection, treatment and disposal of sewage in any town or incorporated village in the Rondout creek and Delaware river watersheds in the counties of Ulster, Delaware and Sullivan.
  2. The city of New York, through the commissioner of environmental protection, is hereby authorized and empowered, subject to the approval of the board of estimate, to enter into contracts or agreements, where practicable, with the municipal authorities of any towns or incorporated villages within the Rondout creek and Delaware river watersheds, in the counties of Ulster, Delaware and Sullivan, to provide, maintain and operate systems and plants for the collection, treatment and disposal of sewage in any such town or village, and the municpal authorities of any such village or the town board of any such town are likewise authorized and empowered to enter into such agreements with the city.
  3. If it be deemed by the commissioner of environmental protection to be impracticable to proceed in the manner provided in subdivision b of this section, then the city may present a petition to the supreme court in the judicial district in which such sewers or disposal works are to be located, stating the proposed location of such sewers or disposal plants, that the plans therefor have been approved by the state department of health, and such other facts as may be proper in the circumstances, together with a prayer for an order authorizing the construction of such sewers or disposal works in accordance with such plans. Notice of the time and place of presentation of such petition shall be served on the authorities of the town or village where the sewers or disposal works are to be constructed and on the state department of health and posted in such town or village in at least ten conspicuous public places at least ten days before the hearing on such petition. Upon the presentation of such petition the court shall hear the parties to such proceedings and also such other residents of such towns or villages as desire to be heard. Such court may approve, modify or reject the whole or any part of said plan, upon good and sufficient cause therefor being shown and the order thereon shall be final.
  4. The city, through the commissioner of environmental protection subject to the approval of the board of estimate, is hereby authorized and empowered to acquire by purchase or condemnation pursuant to this subchapter, such real estate in the counties of Ulster, Delaware and Sullivan as may be necessary to carry into effect any plan approved pursuant to the provisions of this section for the collection, treatment and disposal of the sewage of any village or town in said watersheds, and to convey any such real estate so acquired to the village or town in which it is located, any general, special or local law to the contrary, notwithstanding.
  5. When a sewerage system shall have been constructed, the city shall lay and thereafter maintain such pipes as may be necessary from such sewerage system to the outside of the foundation walls of buildings in the area affected by the plans approved. The cost of such pipes shall be paid by the city and in all cases where such pipes are so laid the owner shall make no claim for damage for such entry on his or her property unless the city shall have failed to replace and leave the surface and all improvements in the same condition as they were before the laying of such pipes.
  6. When the city shall have constructed a sewerage system and shall have laid the necessary pipes from such system to the outside of the foundation wall of any such building, the owner of such building shall cause the drainage and sewerage of such building to be connected with and discharged into such pipes.
  7. All persons acting under the authority of the city shall have the right to use the ground or soil under any street, highway or road within the counties of Ulster, Delaware and Sullivan, to construct, maintain and operate such sewers and disposal works, on the condition that they shall cause the surface of such street, highway or road to be restored, and all damages done thereto repaired.

Subchapter 4: Water Supply; Miscellaneous

§ 24-364 Utilization of water to generate electric current.

The commissioner of environmental protection may, subject to the approval of the board of estimate, utilize such water as the department of environmental protection now owns or as it may hereafter acquire, for the purpose of generating electric current for the use of the municipality, or may permit the utilization of such water for the generation and sale of electric current by an electric corporation which was the owner of a developed or undeveloped water power site or sites affected, acquired or damaged by the execution of a plan or project of the city for an additional water supply, and the commissioner of environmental protection, with the approval of the board of estimate, in connection with the settlement of a resultant claim for damage made by such electric corporation, may grant or lease to such electric corporation for periods not to exceed fifty years, rights in, or to use, the lands and waters of the city for the generation of electric current as herein provided, for such consideration and on such terms and conditions as are, in the opinion of the commissioner, in the best interests of the city of New York, including but not limited to a general release of such claim, provided that such grant or lease may be made at the time of settlement of the claim as above provided but the period of use under the terms of the lease or grant, not to exceed fifty years, may commence when generation of electric current thereunder shall begin, provided that no additional water shall be used for such purpose than would otherwise be required by the city.

§ 24-365 Cemetery and burial grounds.

Whenever for the purposes of this subchapter it shall be necessary to use any land or premises, or any portion thereof, now occupied by graves, burial places, cemeteries or other places of interment of human remains, such graves, burial places, cemeteries or other places of interment of human remains and the human remains located therein, shall be removed and disposed of in the following manner:

  1. The city having acquired title to the land where burial places are situated shall cause a notice to be published once in each week for four successive weeks in two newspapers published in the county where such burial place or places are situated, which such notice shall be substantially as follows: “Please take notice that the undersigned hereby intends to make application relating to the removal of all the remains, all the monuments and all other distinguishing marks from the cemetery or burial place located in the town of __________________ county of ____________ known as ____________ not less than sixty days after (the last publication date of this notice) for an order pursuant to subchapter four of chapter three of title twenty-four of the administrative code of the city of New York; Please take further notice that any and all person or persons legally entitled to direct as to the disposition of the above may remove the same to any other cemetery or burial place within the same or an adjoining county within sixty days after (the last publication date of this notice) if they so elect upon informing the commissioner of environmental protection in writing of the cemetery or burial place in which said remains are to be reinterred and to which the monuments and other distinguishing marks are to be moved.

Corporation counsel of the city of New York.”

  1. Not less than sixty days after the last publication date of said notice, the corporation counsel shall make an application to a special term of the supreme court in the same judicial district in which the cemetery or burial place is located for an order authorizing such removal of said remains, monuments and all other distinguishing marks to a cemetery or burial place in the same or an adjoining county from that in which said cemetery or burial place is located. Such order shall be made upon due proof of not less than ten days’ notice to interested parties who have appeared by attorney, or who have filed appearances in writing with the corporation counsel, and of proof of publication of notice of such application once in each week for four weeks in each of two newspapers published in the county where such cemetery or burial place is situated, immediately prior to application to the supreme court. Such notice shall briefly set forth the time and place of the making of such application and a designation of the cemetery or burial place to which said remains, monuments and distinguishing marks are sought to be removed. All removals and transportation of such human remains shall be done in accordance with the provisions of the public health law and the local rules or ordinances of any town, city or village wherein such cemetery or burial place is located, or wherein any of such remains may be interred. The commissioner of environmental protection on behalf of the city may acquire by purchase such other lands as may be necessary within the county where such cemetery or burial place is located, or in an adjoining county, for the purpose of properly interring such removed remains, which lands shall be acquired with the approval of the supreme court in the same judicial district as that in which the condemnation proceedings were originally instituted. In the acquisition of such lands no cemetery or burial place shall be divided and the acreage acquired must be at least substantially equal to the acreage taken. The commissioner of environmental protection on behalf of the city may also acquire other lands within the county wherein such cemetery or burial place is located, or in an adjoining county, for the purpose of properly interring and removing such remains, in the same manner as provided by this subchapter for the acquisition of water supply and other lands but such acquisition of such lands shall be subject to approval of the supreme court. No lands shall be acquired within the corporate limits of a village or city except within the bounds of an existing cemetery unless by consent of the board of trustees of the village or common council of the city or other authorities within such village or city occupying similar positions as trustees or aldermen, respectively. The supreme court, upon application for the confirmation of the report of the commissioners, shall make inquiry as to the rights of individual lot owners in cemeteries and provide for the protection of such rights as justice shall require. All the bodies removed by said commissioner of environmental protection shall, when distinguishable, be encased each in a separate box or coffin, and each monument, head stone, foot stone, slab, board or other designating or distinguishing mark shall be properly removed and reset at the grave of each body at the time of such reinterment. Members of the same family shall be reinterred in contiguous graves. Whenever any person or persons, legally entitled to direct as to the disposition of any human remains now interred in a cemetery or burial place, shall request, in writing, within the sixty day period aforesaid, the burial of such remains in a cemetery in the same or an adjoining county, the commissioner shall cause such remains to be reinterred where requested within the same county or in adjoining county, and shall carefully and properly remove such remains to such burial plot and properly reinter the same, and in the event that any human remains be removed to, and reinterred in any other place other than that acquired as herein provided, no portion of the expense for the acquisition of any other grave, graves, or other place or places of burial shall be borne by the city, but in such event the city shall bear only the expense of removal and transportation of such remains. Whenever there is no request to remove remains within the sixty day period as hereinbefore provided, the corporation counsel shall apply for an order authorizing such removal in the manner herein provided. Whenever any person or persons legally entitled to direct as to the disposition of any human remains exhumed or to be exhumed from any cemetery or burial place as herein provided, elect to remove the same for reinterment to any burial plot or cemetery not within the same county from which such remains were exhumed, or in an adjoining county, such person or persons so entitled to designate such other burial place or plot shall be permitted to remove such exhumed remains from such county, subject to the provisions of the public health law, and the local rules or ordinances of any town, city or village wherein such cemetery or burial place shall be located, or wherein such human remains may be reinterred, but no portion of the expense of such transportation or burial shall be borne by the commissioner of environmental protection. When any lands acquired for the purposes of reinterment of human remains as herein provided, to which shall have been removed all remains exhumed from a cemetery or burial place belonging to an individual or individuals, or to a corporation organized under the religious corporations law, the not-for-profit corporation law or by special act, or belonging to a town, village or city, the board of estimate of the city of New York shall, after reinterment, execute and deliver, without expense to the prior owner, if an individual, or if such prior owner be a corporation, to the trustees or other governing body of such corporation, by whatsoever name or title they may hold office, or to the board of trustees, if any, of a town burial ground, and to their successors in office, a quit claim deed covering the lands so acquired, together with all structures erected thereon, and where lands have been acquired for the purpose of reinterment of human remains exhumed from a public or private cemetery or burial place which shall have been used by the inhabitants of any town in this state as a cemetery or burial place for the space of fourteen years and not having a board of trustees pursuant to the provisions of the town law, the board of estimate of the city of New York shall, after reinterment, execute and deliver, and without expense to the grantee therefor a quit claim deed or other proper release to such town wherein such lands so acquired as provided by this section may be situated, and such cemetery or burial place shall from and after the execution and delivery thereof be deemed to be vested in such town, and shall be subject, in the same manner as other corporate property of towns, to the government and direction of directors in town meeting, excepting, however, that where such lands so acquired for the purposes set forth in this section are situated within the limits of a village or city, such quit claim deed or release herein provided for shall be executed and delivered to such village or city and thereafter be and become property of such village or city and subject to the laws governing such village or city. From and after the execution and delivery by the board of estimate as by this section provided, of the quit claim deed or release, the city of New York shall be divested of all right and title to said lands so quit claimed or released and shall not thereafter be liable for the care, custody, maintenance and control thereof. This section does not limit any existing right of burial or removal of remains under other provisions of law applicable thereto. Nothing herein contained shall impose any duty whatsoever upon the city of New York for the care, custody, maintenance and control of any burial grounds, cemeteries or other places of interment for human remains.

§ 24-366 Assessment of electric generation viability.

  1. The department shall undertake a resource assessment of the city’s potable water supply and wastewater treatment systems and the natural bodies of water within the city’s jurisdiction to determine the potential of such systems and bodies of water for generating electricity. In performing such assessment the department shall include an examination of the potential to construct and operate energy generating facilities within such systems and natural bodies of water; the means for transmitting the electricity generated; the need to construct and operate generation-related infrastructure; grid-connection issues; generation system installation and maintenance costs; and risks to the operation of water supply and wastewater treatment systems and natural bodies of water posed by energy-generating facilities.
  2. The department shall conduct a technological review of in-conduit and free-flow hydropower technologies that are appropriate for the pressure and water flow rates for each site identified in the resource assessment.
  3. With information gathered during the resource assessment and technological review, the department shall conduct an economic analysis to determine the economic viability of generating electricity for each site identified in the resource assessment.
  4. The resource assessment, technological review and economic analysis shall be completed within eighteen months of the effective date of the local law that added this section and shall be submitted to the mayor and the speaker of the council.

§ 24-367 Soil and foundation work; notification and permit required.

  1. Whenever soil or foundation work, as defined in chapter 33 of the New York city building code, for any purpose, is proposed to a depth greater than 50 feet in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan, the owner of the premises, engineer, architect or contractor shall notify the department of environmental protection of the location of such activity at least 30 business days prior to commencement of such activity. Within 10 business days of receiving such notification, the department shall determine whether the location of such activity is in close proximity to critical infrastructure, as defined in rules promulgated by the department, and notify the owner of the premises, engineer, architect or contractor of such determination. If the department determines that the location of such activity is in close proximity to critical infrastructure, the owner of the premises, engineer, architect or contractor shall obtain a permit from the department prior to commencement of such activity. The issuance of any permit or approval by any agency of the city other than the department for such activity shall not relieve the owner of the premises, engineer, architect or contractor of the obligation to comply with the notification and permitting requirements of this section. The department may promulgate a rule waiving or amending the notification and permitting requirements of this section where the department determines that such activity must be performed on an emergency basis.
    1. The department may issue a stop work order whenever the department finds that any soil or foundation work in violation of this section or any rules promulgated thereunder creates a danger to critical infrastructure.

   2. Such order shall be posted at the site of the soil or foundation work and served personally on or mailed to the owner or developer or to the person executing the work at the site or the agent of any of them. When there is an immediate danger to critical infrastructure, a verbal order to stop work may be given followed promptly by a written order in accordance with this subdivision.

   3. Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner to make the site safe.

   4. No person shall, with knowledge or notice of a stop work order, allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except work authorized or required by the commissioner to make the site safe.

   5. Upon application in accordance with the rules of the department, the commissioner shall rescind the stop work order where the commissioner finds (i) that the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted or, (ii) where the stop work order was issued in error or conditions are such that the order should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order.

   6. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed unless and until such stop work order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the commissioner.

Chapter 4: Gas and Electric Lines

§ 24-401 Engineers. [Repealed]

  1. It shall be unlawful for any person to take up the pavement of any street, or to excavate for the purpose of laying any gas distribution lines, or any electrical conductors underground, or of constructing subways, or of erecting poles, unless permission in writing therefor shall have been first obtained from the commissioner of transportation. It shall be unlawful to string, lay or maintain any gas distribution lines, or any electrical conductors above or below the surface of any street, in any part of the city, without written permission from the commissioner of transportation. The commissioner of transportation shall determine whether any extension of the existing electrical conductors of any person shall be by means of overhead or underground conductors.
  2. Violations. Any person who shall violate any provision of this section, upon conviction thereof, shall be punished by a fine of not less then two hundred fifty dollars nor more than five hundred dollars, or imprisonment for thirty days or both.

§ 24-405 Permit required.

  1. It shall be unlawful for any gas, telephone or electric light company, or any person to lay or install any pipes, mains or conduits for the use and transmission of gas, electricity, pneumatic power or steam, or to perform any work that is under the jurisdiction, cognizance and control of the commissioner of transportation, in any street, or public place, without a written permit from the commissioner of transportation.
  2. It shall be unlawful to violate any provision of this section or any notice or special direction thereunder, under a penalty of not less than two hundred fifty dollars nor more than five hundred dollars for each offense.

§ 24-406 Removal of electric wires; Manhattan and the Bronx.

  1. After the grade of any street in the boroughs of Manhattan and the Bronx shall have been finally determined and established, whenever, in the opinion of the board of estimate it shall be practicable to remove the electrical conductors above ground in such street and place them underground, the commissioner of transportation shall notify the owners or operators of such conductors. Notice shall be to the effect that such electrical conductors must be removed within a certain time, sufficient for removal, which shall be fixed by such commissioner. In the case of a corporation duly authorized to lay and operate electrical conductors underground in such street, the time shall be sufficient for the proper laying of conductors underground in place of those removed.
  2. All electrical conductors authorized to be placed underground, shall be so placed under and in accordance with the provisions of sections 24-410 through 24-415 of the code. Whenever application shall be made to the commissioner of transportation for permission to place underground electrical conductors in any such street, if such permission be granted, the subways therefor shall be constructed or provided, and such electrical conductors placed underground under and in accordance with the provisions of such sections. Such permission shall be granted only in accordance with the provisions of such sections.

§ 24-407 Underground electrical conductors; Manhattan and the Bronx.

Any company, operating or intending to operate electrical conductors in the boroughs of Manhattan and the Bronx, if it shall desire or be required to place its conductors or any of them underground in any of the streets of such boroughs, must remove such conductors from the surface of such streets, when duly authorized so to do. It shall be obligatory upon such company to file with the commissioner of transportation a map or maps, made to scale, showing the streets which are desired to be used for such purpose, and giving the general location, dimensions and course of the underground conduits desired to be constructed. Before any such conduits shall be constructed, it shall be necessary to obtain the approval of such commissioner of transportation of the plan of construction proposed by such company. The commissioner of transportation has and shall have power to require that the work of removal and of constructing every such system of underground conductors shall be done according to such plan so approved, subject at all times to such modifications as shall be made by him or her from time to time, and subject also to such rules and regulations as may be promulgated by him.

§ 24-408 Electrical conductors; Manhattan and the Bronx; duties of commissioner of transportation.

  1. It shall be the duty of the commissioner of transportation to carefully investigate any and all methods proposed by any company for electric lighting or electrical communication by the use of conductors along or across any street in the boroughs of Manhattan and the Bronx, and, before approving of any such method, such commissioner of transportation shall require that, so far as practicable, all such conductors when constructed shall be underground. The commissioner of transportation shall have full authority to compel all companies operating electric wires to use the subway prepared in accordance with the provisions of sections 24-407 through 24-409 of the code.
  2. Wherever, along the streets, in sparsely inhabited or unoccupied portions of such boroughs, the public interests do not require the electrical conductors to be placed underground, and wherever, in any other locality in such boroughs, it is deemed by such commissioner to be, for any cause, impracticable to construct and successfully operate underground the electrical conductors required by any such company, then, it shall be the duty of such commissioner to examine and grant the application of any such company for permission to deviate from such underground system. The commissioner of transportation shall not, however, grant any such permission unless he or she shall be satisfied, upon investigation, that such a permit should be granted for one of the reasons stated above, and that it will not interfere with the successful working of underground conductors elsewhere in such boroughs. Any such permit shall be held and construed to authorize the construction and maintenance of the lines of conductors therein provided for, as and where prescribed by the commissioner of transportation.
  3. It is hereby made the duty of such commissioner of transportation, in granting any such permit for other than underground electrical connections, to bear in mind the policy and purpose of sections 24-407 through 24-409 of the code, which is to convert the overhead systems of electrical wires and cables now in use in such boroughs to underground systems, as soon as possible, without impairing the efficiency of their service, and to require that, as far as practicable, all electrical conductors in any street in such boroughs shall be removed from the surface and placed and operated underground, as soon as may be consistent with the convenient use thereof by the public. It is intended to authorize other than underground electrical conductors, to be used in the streets, only when and where the public interests do not require the electrical conductors to be placed underground, or when and where it shall be deemed by the board of estimate to be impracticable to place and operate the conductors advantageously underground. It is also intended to make all aerial or other electrical connections merely incidental to such underground methods, and to require that they be authorized only when and where needed for the convenient use of the public or where the underground conductors can be made more useful thereby.
  4. The work of constructing every line of conductors authorized by any such permit, so granted, shall be subject to the rules and regulations prescribed by the commissioner of transportation. Every such permit shall specify the location of the structures to be erected and to be used for sustaining the electrical conductors, and shall give the general dimensions thereof.
  5. It shall be the duty of the commissioner of transportation to require that the subway may be used by the city for the electric wires or conductors operated by its police, fire or other agencies without expense, except that of the wires or conductors. The city shall not, however, be compelled to place any such wires or conductors underground until the money has been specifically raised therefor, and until that time the city may continue to use and extend such wires.

§ 24-409 Aerial electrical wires or cables; regulation.

Whenever the commissioner of transportation shall permit any aerial electrical wires or cables, carried along or across and above the surface of any of the streets of such boroughs, to be crossed by aerial electrical wires or cables, it shall be the duty of the commissioner of transportation to designate also, in such permit, the route and location thereof, and to prescribe and regulate the height at which such wires or cables shall be placed. Whenever any such permit shall be granted by the commissioner of transportation, in extending the connections of any subterranean electrical conductors, for the erection of any structure or structures for sustaining electrical conductors above the surface of any street, or for placing wires or cables on any such structure or elsewhere than underground, or for carrying any such wires or cables across or along and above the surface of any street, or for placing wires or cables on any such structure or elsewhere than underground, or for carrying any such wires or cables over or into or in the rear of any building in such boroughs, any and all such structures, and any and all such wires or cables, shall be so erected and maintained as not to interfere with the other public uses of such streets.

§ 24-410 Construction of conduits; removal of poles, wires.

Whenever, in the opinion of the commissioner of transportation, a sufficient construction of conduits or subways under ground shall be made ready under the provisions of sections 24-410 through 24-414 of the code, in any street or locality in the boroughs of Manhattan and the Bronx, reference being had to the general direction and vicinity of the electrical conductors then in use overhead, the commissioner of transportation shall notify the owners or operators of the electrical conductors above ground in such street or locality. The notice shall inform them that they are to make such electrical connections in such street or through other streets, localities or parts of such boroughs with such underground conduits or subways as shall be determined by such commissioner of transportation, and to remove poles, wires, or other electrical conductors above ground and their supporting fixtures or other devices from such street and locality within ninety days after notice to such effect shall be given.

§ 24-411 Removal of abandoned poles.

  1. All telegraph, telephone and electric light poles, wires or conductors which shall hereafter remain or stand disused, or become disused or abandoned, in, or over or upon any street, shall be forthwith removed, but for sufficient cause shown the commissioner of transportation may extend the time for such removal, by one or more orders, for periods not exceeding one year each.
  2. The persons owning, operating, managing or controlling poles, wires or appurtenances which may have been so disused or abandoned, or which may be dangerous or unsafe, shall take down and remove them, and upon their failure to do so, the commissioner of transportation shall remove the same forthwith, at the expense of such persons. Before such removal, the commissioner of transportation, except where a condition of danger exists, shall mail a notice thereof to the last known address of such persons, a copy of which shall be posted for a period of ten days on each of such poles prior to its removal.
  3. Any person convicted of a violation of any of the provisions of this section shall be punished by a fine of not less than $350 nor more than $750 dollars, imprisonment for not more than ten days, or both. In addition to or as an alternative to such penalty, such person shall also be subject to a civil penalty of no less than nor more than $100 per day such person is in violation of any provision of this section. Such civil penalties shall be imposed in the manner set forth in section 19-150.

§ 24-412 Agreement with Consolidated Telegraph and Electrical Subway Company; new contracts.

The agreement made by and between the commissioners of electrical subways or the commissioner of water supply, gas and electricity for the city of New York and the Consolidated Telegraph and Electrical Subway Company or its successor by merger, the Consolidated Edison Company of New York, under date of July twenty-seventh, eighteen hundred eighty-six, when and as amended and modified by a second and further contract or agreement between these parties, dated the seventh day of April, eighteen hundred eighty-seven, is hereby ratified and confirmed, subject, however to all the provisions of sections 24-410 through 24-414 of the code. But if at any time or for any reason the agreement so amended shall be or become inoperative or ineffectual for the accomplishment of its just purpose and the purposes of these sections, or if the company shall be unable, or after reasonable notice and opportunity given by such commissioner, it shall fail or decline to comply with or carry into effect the agreement in all its terms, then such commissioner may, with the approval of the mayor, make such new, further or different contracts with the same or other parties as may be reasonable or necessary to carry into effect the provisions and intent of sections 24-410 through 24-414 of the code.

§ 24-413 Enforcement of agreement and of provisions of sections 24-407 through 24-414 of the code.

Whenever it shall be made to appear to the satisfaction of any of the justices of the supreme court, that the commissioner of general services or his or her representatives, or any commissioner succeeding to the functions of such commissioner, or his or her representatives, or the Consolidated Telegraph and Electrical Subway Company or its successor by merger, the Consolidated Edison Company of New York, or any persons claiming under such commissioner, or under such company, shall have violated or shall have failed to observe and fully perform any of the provisions of sections 24-407 through 24-414 of the code, or of such agreement, or shall have failed to furnish just and equal facilities thereunder to any and all corporations lawfully competent to manufacture, use or supply electricity, or to operate electrical conductors in any street, applying for such facilities upon terms that to the court shall appear just and reasonable, then such justice or court may, by proper proceedings in the nature of an order of mandamus, enforce the provisions of sections 24-407 through 24-414 of the code, or of such agreement or of any agreement made under such sections or compel the granting of such facilities, or may grant such relief as may be proper. Such commissioner, or the city, or any person, company or corporation aggrieved, shall be entitled to institute and maintain such proceedings.

§ 24-414 Power to purchase subways, property and contracts of such company.

The mayor, in his or her discretion, may purchase the subways constructed by such company, and the contracts and other property held or owned by it for any of the purposes of its incorporation, for and in the name of the city. The purchase price shall not exceed the actual cost of the property, with ten per cent added to such cost, as may be or may have been agreed upon between such company and the commissioner of general services. The payment therefor shall be made within four months after the delivery to the comptroller of good and sufficient and duly executed instruments of conveyance or transfer to the city, subject, however, to any valid liens outstanding thereon, not exceeding fifty per cent of the actual cost of such subways, and subject to all existing leases or contracts for the use of such subways.

§ 24-415 Conditions to granting permit for conduit construction; security.

  1. The commissioner of transportation shall not grant a permit of the type mentioned in section 24-404 of the code unless, if the application be for underground construction, there is an existing demand for the construction of such conduits or subways, and the occupation of such conduits or subways is reasonably assured, and the public interests require their construction, or unless, if the application be for permission to deviate from an underground system, the case is one of those in which such deviation may be legally permitted under authority of sections 24-407 through 24-409 of the code. This section is made a police regulation in and for such boroughs.
  2. It shall be the duty of the commissioner of transportation to require of any corporation or individual making application for the construction of subways, that before the construction of such subways shall be ordered, the applicant shall furnish to the corporation which shall be ordered to build such subways, satisfactory security for the occupation by it of the subways which shall be constructed at its request, and the payment of the established rentals therefor yearly in advance, during such period, not less than five years, as the commissioner of transportation shall determine. The commissioner of transportation may establish and from time to time may alter, add to or amend all proper and necessary rules, regulations and provisions for the manner of use and management of the electrical conductors, and of the conduits or subways therefor, constructed or contemplated under the provisions of this section or of any law mentioned herein. This section shall not be construed to authorize any corporation or individual to take up the pavements of such boroughs, to excavate in any of such streets or to erect poles in any part of such boroughs, unless a permit in writing therefor shall have been first obtained from the commissioner of transportation.

§ 24-416 Underground electrical conductors; Brooklyn, Queens and Richmond.

Whenever the board of estimate, after hearing all the parties interested, shall deem it desirable and practicable that the electrical conductors above ground in any street in the boroughs of Brooklyn, Queens and Richmond, be placed underground, the commissioner of transportation shall notify the owners or operators of such electrical conductors. The notice shall be to the effect that such electrical conductors shall be placed underground within a certain time, sufficient for the proper construction of underground conduits or other channels in such street, to be fixed by such commissioner. Whenever any duly authorized company operating or intending to operate electrical conductors in any such street, shall desire to place its conductors or any of them underground, it shall be obligatory upon such company to file with the commissioner of transportation a map or maps made to a scale, showing the streets which are desired to be used for such purpose, and giving the general location, dimensions and course of the underground conduit desired to be constructed. Before any such conduit shall be constructed it shall be necessary to obtain the approval of the commissioner of transportation of such plan of construction so proposed, and such commissioner shall have power to require that the work of removal and of constructing every such system of underground conductors shall be done according to such plan so approved.

§ 24-417 Telegraph, telephone or electric light poles on Eighth avenue between Flatbush avenue and Ninth street in Brooklyn.

Telegraph, telephone or electric light poles, except such iron poles as are now or may hereafter be erected and maintained in connection with an underground system of wires, shall not be erected upon Eighth avenue, in Brooklyn, between Flatbush avenue and Ninth street, or any part thereof, unless the consent of a majority of the owners of property in numbers and value thereof on Eighth avenue between Flatbush avenue and Ninth street first be obtained in writing, duly acknowledged in the same manner as deeds entitled to be recorded.

§ 24-418 Procedure.

The commissioner of transportation shall fix the time within which electrical conductors must be placed underground, and shall notify the owners or operators of any such electrical conductors in the city that such conductors must be removed or placed underground, in accordance with the resolution of the board of estimate. He or she shall give all persons or corporations owning or operating such electrical conductors, an opportunity to be heard on the question of the time necessary to place them underground, and shall hear such expert opinion as he or she may think advisable. Such owners or operators of electrical conductors above ground in such street or locality shall be required to remove all of such poles, wires or other electrical conductors and supporting fixtures or other devices from any such street or locality within thirty days after the expiration of the time so fixed by the commissioner of transportation.

§ 24-419 Certain sections to be police regulations.

The provisions of sections 24-404, 24-406, 24-410, 24-416 and 24-418 of the code are made police regulations in and for the city. In case the owners of such poles, wires or other electrical conductors, fixtures and devices shall fail to have them removed from such streets or localities as required by the commissioner of transportation or by the determination of the board of estimate, or shall neglect or refuse to comply with any provisions of law with respect thereto, it shall be the duty of the commissioner of transportation to cause them to be removed from such streets.

§ 24-420 Replacement of lamp-posts or electric light poles.

  1. Any person who shall take up and temporarily remove any lamp-post or electric light pole, under a permit or by other lawful authority, shall cause the same to be reset at his or her own expense immediately upon the completion of the work that necessitated its removal.
  2. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine of not less than two hundred fifty nor more than five hundred dollars, or by imprisonment for not exceeding thirty days, or by both.

§ 24-421 Electric light, power; inspection of; all wires to be inspected.

The commissioner of buildings shall cause all wires, currents and appliances that may be introduced into or placed in any building or structure in the city to be inspected, and shall furnish a certificate of such inspection to any person or corporation applying therefor.

§ 24-422 Commissioner of buildings to submit proposed local laws with respect to electrical equipment and energy.

The commissioner of buildings shall from time to time submit for the consideration of the council proposed local laws in relation to electric wires, appliances and currents for furnishing light, heat or power when introduced into or placed in any building or structure in the city. Such proposed local laws shall prescribe the method of construction, operation, location, arrangement, insulation and use of such wires, appliances and currents as the commissioner of buildings shall from time to time deem necessary for the protection of life and property.

§ 24-423 Operators of motion-picture projecting machines. [Repealed.]

*§ 24-424 Annual safety report concerning gas infrastructure.* ::
  1. As used in this section, the terms “gas corporation” and “gas plant” shall have the meanings ascribed to such terms in section 2 of the public service law.
  2. Each gas corporation that owns, operates or manages a gas plant located in whole or in part in the city shall by July first in each year, beginning in 2017, submit to an agency or office designated by the mayor a report on gas asset conditions consistent with the reporting requirements of section 255.951 of title 16 of the New York codes, rules and regulations and 49 CFR § 191.11, including the operator’s mains and services inventory by material, diameter, vintage and leaks; a summary of major planned infrastructure projects in the city; the gas corporation’s investment priorities in the next year; and such other information as such designated agency or office may require by rule.
  3. Each gas corporation will meet annually with the head of such designated agency or office, the speaker of the council and the mayor, or designees of such persons, to discuss the information set forth in subdivision b of this section and related gas safety issues, including planned infrastructure in the city, leak reporting and surveillance activities, the operator’s integrity management program and the general condition of the operator’s gas assets.

§ 24-425 Identification of gas safety risk factors.

  1. An agency or office designated by the mayor shall seek to identify risk factors that correlate to or otherwise indicate a violation of any law or rule that (i) relates to the delivery by pipe, or usage of, gas in residential or commercial buildings and (ii) poses a hazard to health and safety or a risk of damage to property. Such risk factors may include, but need not be limited to, unauthorized gas usage; unusual gas usage for a building based on its historic usage or usage for buildings of similar size, type or occupancy; abandoned structures; or structures condemned by the city.
  2. In developing such risk factors, such designated agency or office shall (i) seek the cooperation of each gas corporation that owns, operates or manages a gas plant located in whole or in part in the city and with each organized labor association that contracts with such corporations and (ii) share with each such corporation appropriate information necessary to minimize impacts of such risk factors. The terms “gas corporation” and “gas plant” as used in this section shall have the meanings ascribed to such terms in section 2 of the public service law.
  3. By December first 2017, and every third year thereafter, such designated office or agency shall submit to the mayor and the speaker of the council, and make publicly available online, a report on how the city has made use of such risk factors in targeting enforcement of laws and rules relating to the delivery by pipe or usage of gas in residential and commercial buildings and the efficacy of such targeted enforcement.

Chapter 5: Drainage and Sewer Control

§ 24-501 Sewage disposal to protect water supply.

    1. The commissioner of environmental protection is authorized and empowered to enter into a contract or agreement, subject to the approval of the mayor, with the appropriate authorities of the following localities:

      (a) The town board of any town and the municipal authorities of any village within the Croton watershed in the county of Westchester,

      (b) The authorities of the town of Carmel, Putnam county,

      (c) The municipal authorities of the village of Brewster, Putnam county, to provide for the disposal of the sewage of any town or village within the Croton watershed, of one or more villages or sewer districts within the town of Carmel, and of the village of Brewster, in the manner provided for in such agreement. The town board of any such town or the municipal authorities of any such village are likewise authorized and empowered to enter into such agreement. They may provide in such contract or agreement that all persons within the area affected owning buildings on streets where sewers are, or may hereafter be constructed or located under such agreement, or any modification thereof, shall connect with the sewer systems as provided in such contract or agreement.

   2. In the event of the failure of any such person or persons to connect with any sewer system and the failure of the town board of any such town or the municipal authorities of any such village to compel such person or persons to connect with such sewer system within sixty days after notice and demand, the city shall have the right to cause such connection to be made at the expense of the owner failing or neglecting to connect with such sewer system. The expense of making any such connection may be recovered by the city in a suit in any court having competent jurisdiction.

   3. With respect to the town of Carmel, such contract or agreement may authorize or require the construction, operation and maintenance of a sewage disposal plant, equipment and facilities for the disposition of the sewage of one or more villages or sewer districts in the town of Carmel or the extension, improvement, operation and maintenance of existing plants, if any, for such purpose. The town board of the town of Carmel is hereby authorized to contract between one or more sewer districts or between one or more villages and one or more sewer districts for any trunk sewer lines or laterals thereof to convey the sewage of such village, villages, district, or districts to a disposal plant operated by any district, village or municipality. The cost and expense of such trunk sewer, pumping station or appurtenant works shall be apportioned by the town board of the town of Carmel pro rata to the volume of sewage or population, or both, of the area benefited.

    1. The commissioner of environmental protection is authorized and empowered, subject to the approval of the mayor, to enter into contracts or agreements with the municipal authorities of any towns or incorporated villages within the Esopus and Schoharie watersheds, in the counties of Ulster, Delaware, Schoharie and Greene, to provide, maintain and operate systems and plants for the collection and disposal of sewage in any such town or village. The municipal authorities of any such village or the town board of any such town are likewise authorized and empowered to enter into such agreements with the city.

   2. When a sewerage system shall have been constructed, the city shall lay and thereafter maintain such pipes as may be necessary from such sewerage system to the outside of the foundation walls of buildings containing water-using sanitary plumbing. The cost of such pipes shall be paid by the city and in all cases where such pipes are so laid the owner shall make no claim for damage for such entry on his or her property unless the city shall have failed to replace and leave the surface and all improvements in the same condition as they were before the laying of such pipes.

   3. When the city shall have constructed a sewerage system and shall have laid the necessary pipes from such system to the outside of the foundation wall of any building containing water-using sanitary plumbing, the owner of such building shall cause the drainage and sewerage of such building to be connected with and discharged into such pipes.

   4. Upon the approval of the state engineer of the plans for any system of sewerage and disposal works prepared pursuant to any agreement entered into under the provisions of paragraph one of this subdivision, and upon the filing of such plans in the office of the state commissioner of health and of the town clerks in the towns in which such sewers and disposal works are located, the city is granted the right to such reasonable use of the highways, roads, streets and other public property of any county, village or town through which such sewer may pass or in which any part thereof may be located as may be necessary to construct, maintain and operate such sewer and disposal works. Where the route of such sewer follows any state highway, county highway or town road, such highway or road shall be replaced and repaired by the city to the satisfaction of the department, body or official having jurisdiction thereover.

  1. Notwithstanding any provision of any general, special or local law or of any charter, the commissioner of environmental protection is hereby authorized and empowered to enter into a contract or agreement, subject to the approval of the mayor, with the governing body of the county of Westchester, to provide for the disposal of the sewage of any municipality located in the county of Westchester wherein such disposal is required to protect the water supply of the city of New York. The governing body of the county of Westchester is likewise authorized and empowered to enter into such contract or agreement.

§ 24-502 Transfer of certain board of estimate lands in the borough of Brooklyn.

  1. All of the board of estimate lands, within the lines of former West 8th street between Surf avenue and the public beach, shown eliminated as a street and laid out as a park addition on map W-1817 adopted by the board of estimate on September twenty-second, nineteen hundred sixty-six, (Cal. No. 41), and shown as being closed and discontinued on map V-1818 adopted by the board of estimate on September twenty-second, nineteen hundred sixty-six, Cal. No. 29 and filed in the office of the register in Kings county on October twenty-seventh, nineteen hundred sixty-six as map No. 3859, are hereby discontinued as board of estimate lands and shall become park lands of the city.
  2. There are reserved to the department of environmental protection sewer rights for the maintenance, repair and reconstruction of existing sanitary sewer and storm water sewers in the bed of the discontinued West 8th street, and subject to the condition that no structure of a permanent nature shall be erected over any of the existing sewers.

§ 24-503 Drainage plan.

  1. The commissioner of environmental protection shall devise and prepare a plan for the proper sewerage and drainage of the city, so far as the same has not already been done, for the purpose of thoroughly draining and carrying off water and other matter. He or she shall lay out the city into as many sewerage districts as he or she may deem necessary for such purpose, and shall determine and show, on suitable maps or plans:

   1. The location, course, size and grade of each sewer and drain proposed for each of such districts;

   2. The contemplated depth of such sewers and drains below the present surface and below the established grades of streets and avenues;

   3. The proposed alterations and improvements in existing sewers;

   4. Such other particulars as may be necessary for the purpose of exhibiting a complete plan of the proposed sewerage therein.

  1. Such plan shall indicate the location and size of all sewage disposal works or plants, and the necessary appurtenances thereto, as determined by the department of environmental protection.
  2. The commissioner of environmental protection shall submit such map or plan simultaneously to the department of health and mental hygiene, the director of city planning, each affected community board and the office of the appropriate borough president. The department of health and mental hygiene shall review such map or plan with respect to the creation or abatement of any health hazard. Such department shall file a statement with the commissioner of environmental protection and the director of city planning, in relation to such map or plan, within fifteen days subsequent to such submission either approving or disapproving such map or plan.
  3. The director of city planning shall review and determine the conformance of such map or plan with the city map, as adopted. Upon determination that such map or plan conforms with the city map, such director shall certify such determination to the commissioner of environmental protection. Unless the director shall file a statement with such commissioner in relation to such map or plan within thirty days subsequent to the submission of said map or plan, such map or plan shall be deemed to conform with the city map and shall constitute the certification thereof.
  4. Copies of such map or plan as approved in accordance with the provisions of this section shall be filed by the commissioner of environmental protection in each county office of record, the community board for the community in which any portion of such map or plan is situated and the office of the borough president in which any portion of such map or plan is situated within the city of New York and in the offices of the department of transportation and department of health and mental hygiene of such city.
  5. The commissioner of environmental protection shall submit semiannual reports to the mayor and the speaker of the council regarding the inspection, maintenance and repair of catch basins within the jurisdiction of the commissioner, disaggregated by community district. The first semiannual report shall cover the period from July 1, 2016, through December 31, 2016. Such reports shall include the number of catch basins inspected, the number of clogged or malfunctioning catch basins identified, the number of catch basins unclogged or repaired, whether the inspection was in response to a complaint, and the response time for resolution of any complaint. The commissioner of environmental protection shall also ensure that such catch basins are inspected, at a minimum, once every year, and are unclogged or repaired within nine days after an inspection or the receipt of a complaint about a clogged or malfunctioning catch basin. Catch basins not unclogged or repaired within nine days after an inspection or the receipt of a complaint shall be identified in the semiannual report.
  • Editor’s note: Pursuant to § 2 of L.L. 2015/048, subsection f. will be deemed repealed on June 30, 2019.

§ 24-503.1 Confirmed sewer backups.

  1. As used in this section, the following terms have the following meanings:

   Confirmed sewer backup. The term “confirmed sewer backup” means a sewer backup complaint that, upon field investigation by the department, is confirmed to be associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.

   Sewer system. The term “sewer system” means all sewers, drains, pipes and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.

  1. Where a confirmed sewer backup occurs, the commissioner shall ensure that the sewer segment causing the confirmed sewer backup is identified, inspected, and cleaned as necessary within 10 calendar days of such confirmation.

§ 24-503.2 Plan to prevent confirmed sewer backups for the sewer system.

  1. As used in this section, the following terms have the following meanings:

   Confirmed sewer backup. The term “confirmed sewer backup” means a sewer backup complaint that, upon field investigation by the department, is confirmed to be associated with a condition in a sewer system. Such conditions may include surcharging, temporary overtaxing, blockages, or collapses.

   Sewer system. The term “sewer system” means all sewers, drains, pipes and appurtenances used to convey sewage and under the jurisdiction of the commissioner of environmental protection.

  1. No later than December 31, 2019, the commissioner of environmental protection shall submit to the mayor and the speaker of the council, and post on the department of environmental protection’s website, a plan to prevent confirmed sewer backups for the sewer system. Such plan shall include, but need not be limited to:

   1. Confirmed sewer backup prevention and response measures;

   2. An identification of areas with, on average, more than one confirmed sewer backup in a 12-month period;

   3. Procedures targeting reductions in confirmed sewer backups in the portions of the sewer system most heavily impacted;

   4. Procedures targeting reductions in recurring confirmed sewer backups;

   5. A review of root control strategies of other municipalities; and following such review, the department may recommend root control strategies for private property owners; and

   6. A comprehensive grease management program including commercial establishments and residential households.

§ 24-504 All sewers to be in accordance with general plan.

It shall be unlawful to construct any sewer, sewage disposal plant or drain in the city unless such sewer, sewage disposal plant or drain shall be in accordance with the general plan for the sewerage of the particular district in which such sewer or drain is proposed to be constructed.

§ 24-504.1 Medical debris in sewerage system study.

  1. The department shall, within six months of the effective date of this section, complete a study of the problem of medical debris, including used syringes, that is discharged through the sewerage system and co-disposed with other sewage treatment plant debris. The study shall include but not be limited to analyzing and evaluating:

   1. the composition and quantity of medical debris that enters the sewerage system;

   2. the health and environmental effects of the medical debris entering the sewerage system;

   3. the health and environmental effects of disposing of the medical debris in the city sanitation system, including the ability of effluent chlorination to disinfect the medical debris;

   4. the feasibility and cost of separating the medical debris from other sewage treatment plant debris before disposal;

   5. the feasibility and cost of alternative disposal methods; and

   6. a strategy for eliminating or mitigating the deposit and disposal of this medical debris in the city sewerage and sanitation systems.

  1. The commissioner shall, within six months of the effective date of this section, submit to the council a report on the findings of such study and any recommendations as to regulations or legislation necessary to implement the recommendations of the study.

§ 24-504.2 Combined sewer overflow and floatables, including medical debris, study.

  1. The department shall, within eight months of the effective date of this section, complete an analysis of the combined sewer outfall system and its relationship to floatables, including medical debris, discharged through the system, which are deposited on beaches and other shorelines throughout the city. This analysis shall include, but not be limited to, identifying, evaluating and providing:

   1. The location of each combined sewer regulator and outfall within the city of New York;

   2. A list identifying priority combined sewer regulators, specifically indicating those which discharge within five hundred feet of designated bathing areas;

   3. The general composition and quantity of floatables, including medical debris, that are discharged from the combined sewer system, to be compiled from available data;

   4. Environmental impacts of floatables, including medical debris, to be compiled from available data;

   5. The long-term solutions to be advanced to reduce the discharge of floatables, including medical debris, from combined sewer systems onto beaches and shorelines throughout the city, and the costs associated with these efforts;

   6. A quarterly report about the status of this debris, as evidenced by the city-wide floatables study, which shall include any short-term collection and containment methods discovered, which could be implemented in order to reduce the discharge of floatables from the combined sewer system onto beaches and shorelines throughout the city, and the proposed costs associated with these efforts.

  1. The commissioner shall, within eight months of the effective date of this section, submit to the council a report on the findings of such analysis and any recommendations as to regulations or legislation necessary to implement the recommendations of the analysis.

§ 24-505 Raising of grade for drainage.

Whenever the commissioner of environmental protection shall determine that it is necessary to raise the grade of any street or streets for the proper sewage of the sewer district in which such street or streets, or parts of streets, are situated, he or she shall prepare a plan showing such proposed change of grade, and shall present the same to the board of estimate and notify the community board for the community district in which the land is located and the office of the appropriate borough president. The board of estimate shall refer such plan to the commissioner of transportation for report. Such board may change the grade of such street or streets, or parts of streets, so far as shall be necessary for the proper drainage thereof, in accordance with such plan, in the manner provided by section one hundred ninety-nine of the charter.

§ 24-506 Temporary sewers.

Whenever it shall become necessary to construct a sewer or drain to prevent damage to property or to abate a nuisance and it is impracticable to proceed immediately to the construction of the same in accordance with any plan already adopted, the commissioner of environmental protection, on the approval of the mayor, may construct a temporary sewer or drain in such manner as to avoid such damage or abate such nuisance.

§ 24-507 Private sewers and drains.

  1. The commissioner of environmental protection may issue permits to persons to construct sewers or drains, or to connect with any sewers or drains built in any street, at their own expense. Such permission shall be granted only upon the agreement, in writing, of the persons applying therefor:

   1. That they will comply with the provisions of sections 24-521, 3-508 and 3-509 and of subchapter one of chapter one of title nineteen of the code;

   2. That they will indemnify the city for any damages or costs to which it may be put by reason of injuries resulting from neglect or carelessness in the performance of the work so permitted;

   3. That they or their successors in interest will make no claim against the city if the work so permitted shall be taken up by the city.

  1. The commissioner of environmental protection, at any time, may revoke such permit and direct such sewers or drains to be taken up or removed.

§ 24-508 Construction of sewers by the owners of private property.

  1. The owners of private property at their cost and expense and in accordance with the provisions of section two hundred twenty-nine of the charter may construct sewers in the streets of the city by filing with the commissioner of environmental protection:

   1. Plans and specifications of such sewer;

   2. A duplicate copy of the contract for such construction, showing the cost thereof; and

   3. A satisfactory guarantee to such commissioner of payment of the expense of supervision of such construction. Upon his or her approval of such plans, specifications and contract, the commissioner shall issue his or her permit for the construction of the proposed sewer.

  1. The commissioner of environmental protection thereupon shall file copies of the documents listed in subdivision a with the department of city planning, which shall forward a copy within five days to the community board for the community district in which the property is located, and to the appropriate borough board if the plans involve land located in two or more community districts. Such commissioner shall apportion the cost of construction, according to actual benefit, between the several parcels of property abutting on each side of that part of the street through which the sewer is to be constructed.
  2. Until title to such sewer vests in the city of New York, as hereinafter provided, the commissioner of environmental protection shall grant permits for connection with such sewer only to those owners or occupants of the property abutting on that part of the street in which such sewer has been laid who shall prove payment to the party or parties who constructed and paid for such sewer of their proportionate part of the cost and expense shall be paid without the addition of any interest charge. At such time as title to any such sewer shall vest in the city, owners or occupants of the property abutting on that part of the street in which such sewer has been laid who have not requested permission to connect with such sewer, and who have not made payment to the party or parties who constructed and paid for such sewer, shall have the right to connect with such sewer without payment of any part of the cost and expense of such sewer.
  3. Except for the purpose of supervision, maintenance and use by the city in connection with its public sewer system, such sewer shall be deemed the private property of the parties or party who shall have paid for its construction. When the owners of all the property abutting on that part of the street in which any such sewer has been laid shall have paid their several shares of the cost of its construction, or when a period of seven years from the time of issuance of the permit pursuant to subdivision a hereof has elasped, whichever is earlier, it shall be the property of the city. The city in no event shall be liable for any part of the cost and expense of construction of any such sewer.
  4. It shall be unlawful for any person to represent to any prospective purchaser of property that a sewer constructed in any street is a city sewer unless such sewer shall have been constructed by the city in accordance with the legally adopted drainage plan of the city and/or accepted as a public sewer in accordance with the provisions of the code.

§ 24-509 Construction of sewers.

  1. The commissioner of environmental protection shall prescribe the manner of opening sewers or drains and the form, size and material of which the connections therewith shall be composed.
  2. It shall be unlawful to make a connection with any sewer or drain without the written permit of the commissioner of environmental protection, except that, in conjunction with the issuance of a permit for the construction or alteration of a structure within the curbline, the commissioner of buildings may issue a permit for connection with a sewer or drain. Such connection shall be in the manner prescribed by the commissioner of environmental protection. The commissioner issuing the permit shall require an applicant for such permit to demonstrate to his or her satisfaction that the proposed discharges to the sewer will be in compliance with section 24-523 of this chapter and the regulations promulgated pursuant to such section. For such purpose the commissioner issuing the permit may require the submission of plans, specifications and such other information as he or she may reasonably require.
  3. When public sewers are made available, the individual on site private sewage disposal system or any other means of sewage disposal or discharge shall be abandoned in a manner prescribed by the commissioner of buildings. The building house sewer shall be connected to the available public sewer within six months of the date of notification that the sewer has been accepted to receive flow. As used in this subdivision the term “individual on site private sewage disposal system” shall mean a system of interconnected structures, units, pipes and devices, including a septic tank and an absorption area, which does not connect to the city sewer system, and which is used to collect, convey, treat and dispose water-flushed or water-carried domestic or commercial sewage on one tax lot.
  4. Any person who violates subdivision c of this section, or any order issued by or rule promulgated by the commissioner pursuant thereto, shall be liable for a civil penalty in an amount not greater than five thousand dollars for each violation, which may be recovered in a proceeding before the environmental control board. A proceeding to recover any civil penalty authorized pursuant to this section shall be commenced by the service of a notice of violation returnable before the environmental control board, which shall have the power to impose the civil penalties prescribed herein.

§ 24-510 Fees for connections.

The fee paid to the commissioner of environmental protection for each permit for the initial connection made with any sewer or drain, either directly or indirectly, and for each plugging or unplugging, of a building house sewer or drain, shall be ninety dollars.

§ 24-512 Charge for sewer connection extending from curb line to sewer or sewer riser.

  1. As used in this section:

   1. The term “agency having jurisdiction” shall mean the department of environmental protection.

   2. The term “curb-to-sewer connection” shall mean the connection from the curb line to the sewer or to a sewer riser constructed with the sewer.

   3. The term “cost” shall mean the actual cost of constructing each sewer-to-curb connection.

   4. The term “curb line” shall mean the curb line determined pursuant to the resolution of the board of estimate establishing street and roadway widths.

  1. The owner of any parcel of real property to be connected with the sewer system shall pay the cost of each curb-to-sewer connection serving such real property, if such curb-to-sewer connection was or shall be constructed in connection with the construction, reconstruction or replacement of a sewer duly authorized on or after January first, nineteen hundred sixty-two. Such cost shall become due and payable and shall constitute a lien against such property when the amount thereof shall have been computed by the agency having jurisdiction and an entry thereof shall have been made against such premises in the office of the city collector in the book in which charges for curb-to-sewer connections are to be entered. A notice thereof, stating the amount due and the nature of the charge shall be mailed by the city collector, within five days after such entry, to the last known address of the person whose name appears upon the records in the office of the city collector as being the person designated by the owner to receive tax bills or where no name appears, to the premises addressed to either the owner or the agent, together with a statement that if such charge is not paid within ninety days from the date of entry the amount thereof with interest thereon at the rate of seven percent per annum, to be calculated to the date of payment from the date of entry, will constitute, until paid, a lien against the premises which shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent, sewer surcharge or local assessment. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to collect and receive interest thereon at the rate of seven percent per annum, to be calculated to the date of payment from the date of entry. Such charge and the interest thereon shall continue to be, until paid, a lien on the premises served by such curb-to-sewer connection. Such charge and interest shall be calculated and the lien thereof may be foreclosed in the manner provided by law for the collection and foreclosure of the lien of taxes, sewer rents, sewer surcharges and water rents due and payable to the city, and the provisions of the code applicable to the collection and foreclosure of the lien of such taxes, sewer rents, sewer surcharges and water rents shall apply to such charge and the interest thereon and the lien thereof. Such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent, sewer surcharge, or local assessment. The provisions of section 11-307 of the code applicable to the payment of assessments shall also apply to the charge established pursuant to this section.
  2. Nothing contained in this section shall affect, impair or diminish the duty, obligation and responsibility of the owner of real property connected with the sewer system at his or her own cost and expense: (1) to maintain any curb-to-sewer connection serving such real property; and (2) to repair, reconstruct or replace such curb-to-sewer connection except when the necessity for such repair, reconstruction or replacement is caused by the reconstruction or replacement of the sewer or by any other construction work performed by the city.
  3. The cost of constructing a curb-to-sewer connection in connection with the construction, reconstruction, or replacement of a sewer duly authorized on or after July first, nineteen hundred sixty-two, shall be paid initially out of the real property fund upon the authorization of the board of estimate. All sums received or collected in reimbursement of such cost pursuant to this section, including interest and penalties thereon, shall be paid into the real property fund. This subdivision shall not apply to or affect the manner of financing the cost of repairing, reconstructing or replacing a curb-to-sewer connection when such repair, reconstruction or replacement is necessary because of the reconstruction or replacement of the sewer or because of any other construction work performed by the city.

§ 24-513 Constructors; license and bond.

  1. All openings into any sewers or drains, for the purpose of making connection therewith, from any house, cellar, vault, yard or other premises, shall be made by persons to be licensed by the commissioner of environmental protection to perform such work. Before being so licensed, such persons shall execute a bond to the city in the sum of one thousand dollars, with one or more sureties to be approved by such commissioner, conditioned:

   1. That they will make all openings into any sewer or drain carefully and in the manner prescribed by such commissioner without injuring the same;

   2. That they will leave no obstruction of any description whatever in the connection made by them;

   3. That they will properly close up the sewer or drain around such connection and make no opening into the arch of any sewer or drain;

   4. That they will faithfully comply with the provisions of section eighty-six of the charter, subchapter one of chapter one of title nineteen and sections 3-508 and 3-509 of the code;

   5. That they will be responsible for any damages or injuries that may accrue to persons, animals or property, by reason of any opening in any street made by them or those in their employ;

   6. That they will properly refill and ram the earth, suitably restore the pavement taken up for excavating, and repave the same should it settle or become out of order within six months thereafter. In case any person so licensed shall neglect to repair the pavement aforesaid, within twenty-four hours after being notified, the commissioner of transportation may cause the same to be done and charge the expense thereof to such licensee.

  1. [Repealed.]

§ 24-514 Sewer rents.

  1. Sewer system, defined. As used in this section the term “sewer system” shall mean and include the sewers, manholes, intercepting sewers, sewage pumping, treatment and disposal works, and any other plants, works or equipment and accessories within the city, which are used or useful in connection with the collection, treatment or disposal of sewage and waste, and which are owned, operated or maintained by the city as part of the public sewer system.
  2. Imposition and computation of sewer rent or charge.

   1. In addition to any other fees or charges provided by law, the owner of any parcel of real property connected with the sewer system, including but not limited to real property connected with the sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a sewer rent or charge for the use of the sewer system. Such rent or charge shall be based on the water supplied to any such real property as measured by the amount charged for such water, except as otherwise provided by this section. Such rent or charge shall be computed by the commissioner of environmental protection in accordance with the provisions of this section.

   2. For any such property supplied with water from the municipal water supply system the sewer rent or charge shall be equal in amount to sixty percent of the charges for water supplied to such property from such system.

   3. For any such property supplied with water by a private water company, the commissioner of environmental protection shall, by rule and regulation, subject to the approval of the board of estimate, fix the fraction of the charges for such water, which shall constitute the sewer rent for such property, so that the sewer rent or charge for such property shall, as nearly as possible, be equivalent to the sewer rent or charge imposed under paragraph two of this subdivision for property supplied with water from the municipal water supply system.

   4. If any such property is supplied with river water or water from private wells, the sewer rent or charge for such property shall be equal in amount to sixty percent of the amount that would be charged for the quantity of water supplied from such sources if such water were supplied by the city at the rates charged for water supplied to metered premises. The commissioner of environmental protection shall estimate the quantity of water supplied from such sources and shall compute the sewer rent or charge, on the basis of such estimated quantity, in accordance with the provisions of this paragraph. However, if a water meter, approved by the commissioner of environmental protection, has been or shall be installed by the owner or occupant of the premises to measure the quantity of water supplied from such sources, the quantity of water measured by such meter shall constitute the basis for computing the sewer rent or charge in accordance with the provisions of this paragraph. In the event that such property supplied with river water or water from private wells is also supplied with water from the municipal water supply system or by a private water company, the sewer rent or charge for such property shall consist of the rent or charge computed pursuant to this paragraph and the rent or charges computed in accordance with paragraph two or three of this subdivision as the case may be.

   5. The commissioner of environmental protection shall have the power to promulgate rules and regulations, subject to the approval of the board of estimate, prescribing reasonable sewer rents or charges for any such property which is used for an industrial or commercial purpose of such a nature that water supplied to it cannot be entirely discharged into the sewer system. The sewer rent or charges prescribed pursuant to this paragraph shall be based, as far as practicable, upon the amount of sewage discharged into the sewer system as estimated by the commissioner of environmental protection, or where an estimate of such amount is impracticable, upon any other basis bearing a reasonable relationship to the amount of sewage discharged into the sewer system.

  1. Additional rule making powers. The commissioner of environmental protection shall have the power to make such additional rules and regulations as may be necessary to carry out the provisions of this section. Such rules and regulations shall be subject to approval by the board of estimate.
  2. Cooperation by private persons, water companies, and public agencies. The commissioner of environmental protection may require every person who owns or occupies real property within the city, every private water company supplying water to property within the city, and all municipal agencies, officers, and employees to furnish him or her with such information as may be necessary to carry out the provisions of this section. Every such person, water company, or municipal agency, officer, or employee shall cooperate with the commissioner of environmental protection in carrying out the provisions of this section and shall comply with all rules and regulations promulgated pursuant to this section. Such commissioner shall have the power to hold such hearings and to subpoena such witnesses and direct the production of such books and papers as may be necessary to carry out the provisions of this section.
  3. Exemptions from sewer rents or charges. Any real property which is entitled to an exemption from the payment of water rents or charges shall also be exempt from payment of the sewer rents or charges imposed hereunder.
  4. Payment and enforcement of sewer rents or charges. All sewer rents or charges imposed hereunder shall be due and payable at the times and in the manner provided in chapters three and four of title eleven of the code. Such rents or charges shall constitute a lien upon the real property served by the sewer system and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent or local assessment. Such rents or charges shall be collected and the liens thereof may be foreclosed in the manner provided in chapters three and four of title eleven of this code.
  5. Sewer fund. The revenues derived from the sewer rentals imposed hereunder, including penalties and interest thereon, shall be kept in a separate and distinct fund to be known as the sewer fund. Such fund shall be used for the payment of the cost of the management, maintenance, operation and repair of the sewer system, the cost of administering and enforcing the provisions of this section and the cost of collection of the sewer rents or charges imposed pursuant to the provisions of this section, and any surplus in such fund shall be used for the payment of the interest and amortization on any debt which has been or shall be incurred for the construction of intercepting sewers and sewage treatment and disposal works, and for the enlargement, replacement, or addition of intercepting sewers or sewage treatment works. However, such funds shall not be used for the extension of sewers to serve unsewered areas.

§ 24-515 Overflow sewers; where discharged.

  1. All overflow sewers deemed necessary for the relief of any main sewers may be discharged into the Gowanus canal or any other canal or inlet within, or water adjacent to, the city.
  2. The city shall keep all canals free of any obstruction that may be occasioned by the discharge of such overflow sewers into them. For that purpose, the commissioner of environmental protection shall dredge the same from time to time.

§ 24-516 Newtown creek sewers.

All sewers emptying directly or indirectly into Newtown creek shall be closed and may be used only as tributaries to other sewers not emptying directly or indirectly into such creek; except that whenever, by reason of heavy rainfall or snow, the sewage and drainage emptying into the sewer in Johnson avenue, borough of Brooklyn, shall be more than such sewer or its extension will carry to the East river, the excess may be discharged into Newtown creek.

§ 24-517 Injury to sewers.

It shall be unlawful for any person to injure, break or remove any portion of a receiving basin, covering, flag, manhole, vent, sewer, sewage disposal plant or drain, to obstruct the mouth of a sewer or drain, or to place or deposit any substance exceeding one ton in weight upon any wharf or bulkhead through which a sewer or drain has been laid or upon or over any sewer or drain where the same shall be within three feet of the surface of the street.

§ 24-518 Obstructing substances.

It shall be unlawful for any person to permit any substance to flow or pass into any sewer, drain or receiving basin, connecting with a public sewer, if such substance may form a deposit tending to choke such sewer, drain or basin.

§ 24-518.1 Food waste disposals.

  1. The following terms, as used in this section, shall have the following meanings:

   1. A “dwelling” is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings.

   2. A “private dwelling” is any building or structure designed and occupied for residential purposes by not more than two families. Private dwellings shall also be deemed to include a series of one-family or two-family dwelling units each of which faces or is accessible to a legal street or public thoroughfare, if each such dwelling unit is equipped as a separate dwelling unit with all essential services, and if each such unit is arranged so that it may be approved as a legal one-family or two-family dwelling.

   3. A “multiple dwelling” is a dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied, as the residence or home of three or more families living independently of each other. A multiple dwelling shall also include residential quarters for members of personnel of any hospital staff which are not located in any building used primarily for hospital use, but any building which was erected, altered or converted prior to July first, nineteen hundred fifty-five, to be occupied by such members or personnel or is so occupied on such date shall not be subject to the requirements of the housing maintenance code only so long as it continues to be so occupied if there are local laws applicable to such building and such building is in compliance with such local laws. A multiple dwelling does not include (i) a hospital, convent, monastery, asylum or public institution; or (ii) a fireproof building used wholly for commercial purposes except for not more than one janitor’s apartment and not more than one penthouse occupied by not more than two families.

   4. The term “putrescible solid waste” shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.

  1. Food waste disposals for the discharge of putrescible food wastes from dwelling units may be installed in private dwellings and multiple dwellings, provided that:

   1. all putrescible food wastes discharged to a sanitary sewer or to a combined storm and sanitary sewer are discharged in fluid form and at a reasonably uniform rate so as to prevent clogging or stoppage of the drain line, sanitary sewer or combined storm and sanitary sewer;

   2. the installation of such food waste disposals is approved by the department of buildings and is in compliance with applicable provisions of the administrative code.

    1. The department shall conduct a pilot study of the use of food waste disposals in private dwellings and multiple dwellings served by combined storm and sanitary sewer systems. The study shall include, but need not be limited to, an analysis of the following:

      i. the impact of grease and food solids on combined sewers;

      ii. the impact on water consumption;

      iii. the impact on the nutrient content of raw and treated effluent; iv. the impact of increased pollutant loadings to receiving waters, including increases in biological oxygen demand and suspended solids;

      v. the impacts on wastewater treatment processes;

      vi. the impact on sludge treatment processes and management;

      vii. the impact on the city’s ability to comply with applicable statutes, rules, regulations, permits and orders;

      viii. the impact on solid waste management as determined by the department of sanitation; and

      ix. any other impacts on the environment, public health and safety, and the cost of operating the water and sewer system.

   2. The department may select an appropriate number of private dwellings or multiple dwellings within the city served by combined storm and sanitary sewer systems to participate in the pilot study. The number of food waste disposals that will be installed as part of the pilot study shall be no fewer than one hundred and shall not exceed one thousand. The study shall be deemed to have commenced when food waste disposals are installed in at least fifty percent of the dwelling units in the dwellings selected for the study and the commissioner has authorized the operation of these disposals; provided, however, that the department may deem the study to have commenced upon the installation of food waste disposals in less than fifty percent of the dwelling units within the dwellings selected for the study if the department finds that a valid study may be conducted with such lesser percentage of installations. In combined storm and sanitary sewer areas, food waste disposals may be installed only in those dwellings selected by the department to participate in the study.

   3. The department shall within fifteen months of the commencement of the pilot study, but not later than twenty-one months from the effective date of this local law submit a report to the mayor and the council which shall include a detailed analysis of the findings of such study and conclusions and recommendations based on such analysis with respect to the installation of food waste disposals in private dwellings and multiple dwellings served by combined storm and sanitary sewer systems.

§ 24-519 Volatile, flammable liquids.

It shall be unlawful to use any connection with, opening into, or gutter leading into, any sewer or drain, either public or private, for the conveyance or discharge, directly or indirectly, into such sewer or drain, of any volatile flammable liquid, gas or vapor. A volatile, flammable liquid is any liquid that will emit a flammable vapor at a temperature specified in rules of the department.

§ 24-520 Steam and hot water.

  1. It shall be unlawful to discharge waste water into any sewer at a temperature higher than that prescribed by the commissioner of environmental protection.
  2. It shall be unlawful to use a connection with or opening into any sewer or drain for the conveyance or discharge of steam or hot water at a temperature above that prescribed by such commissioner into such sewer or drain, or to discharge steam, or permit it to escape into any sewer, drain, or public street, from any stopcock, valve or other opening in any steam pipe or main.
  3. The commissioner of environmental protection, upon the expiration of five days after notice, shall discontinue the discharge of steam or hot water from any connection, cancel the permit for such connection and close up and remove the same, if the discharge of steam or hot water therefrom shall not have been discontinued.

§ 24-520.1 Non-stormwater discharges prohibited.

  1. For purposes of this section, the following terms have the following meanings:

   Allowable runoff. The term “allowable runoff” means runoff authorized by the rules of the department of environmental protection to enter storm sewers, provided that such rules shall be consistent with the proper maintenance and purpose of such storm sewers and with the state pollutant discharge elimination system (SPDES) permit for municipal separate storm sewer systems of New York city, SPDES No. NY-0287890 or its successor.

   Storm sewer. The term “storm sewer” means a sewer, the primary purpose of which is to carry stormwater.

  1. No person shall discharge or cause to be discharged, directly or indirectly, into any storm sewer any substance other than stormwater or allowable runoff. Rules governing allowable runoff may require practices and procedures related to such discharges in furtherance of this section. Such rules may also require approval by the department of such discharges.
  2. For purposes of this section, indirect discharges include but are not limited to discharges to any street, gutter, or other conveyance that could reasonably lead to a storm sewer.

§ 24-521 Excavations for public works.

  1. Notice to public service corporations. Whenever any sewer, culvert, water main or pipe is to be constructed, altered or repaired in any street in which the pipes, mains or conduits of public service corporations are laid, the contractor therefor shall give notice thereof in writing to such corporations, at least forty-eight hours before breaking ground therefor. Such provision shall be included in every contract for constructing, altering or repairing any sewer or culvert, water main or pipe, in any street in which the pipes, mains or conduits of public service corporations shall be laid at the time of making such contract.
  2. Public service corporations shall protect their property. Public service corporations whose pipes, mains or conduits are about to be disturbed by the constructing, altering or repairing of any sewer, culvert, water main or pipe, shall, on the receipt of the notice provided for in the preceding subdivision, remove or otherwise protect and replace their pipes, mains and conduits, and all fixtures and appliances connected therewith or attached thereto, where necessary, under the direction of the commissioner of design and construction in accordance with chapter fifty-five of the charter, unless otherwise directed by the mayor pursuant to such chapter.
  3. The enforcement of subdivisions a and b hereof shall be pursuant to sections 19-149, 19-150 and 19-151 of the code.

§ 24-522 Maintenance of private sewers or drains located in public property or in private or public streets and emptying into the public sewer system.

  1. As used in this section:

   1. The term “private sewer or drain” shall mean any private sewer or drain located in public property or in any public or private street or streets and emptying into the public sewer system, but shall not include a curb-to-sewer connection as defined in section 24-512 of the code or a house sewer connection.

   2. The term “private street” shall mean a privately owned street in which the public has a right of user not subject to revocation by the owner thereof.

  1. Notwithstanding any other provision of law, it shall be the duty of the department of environmental protection to control, maintain, supervise and repair, and to inspect periodically, private sewers or drains as defined in subdivision a hereof, provided, however, that the department shall have no obligation or duty to replace or reconstruct any such sewer or drain. The cost of such control, maintenance, supervision, repair and inspection shall be borne by the city, within the amounts duly appropriated therefor.
  2. Right of entry.

   1. The commissioner of environmental protection, his or her deputies and any other officers and employees of the department of environmental protection, when authorized by such commissioner, may enter upon public or private property and bring in necessary equipment at reasonable hours, for the purpose of exercising the powers or performing the duties of the department under this section. Refusal to permit such entry or equipment shall be punishable as provided in section 24-524 of this chapter.

   2. The owner of any parcel of real property connected to the public sewer system, as a condition precedent to the continuance of such connection, and the owner of any parcel of real property who makes application or causes an application to be made on his or her behalf for connection with the public sewer system, as a condition precedent to the granting of permission for such connection, shall be deemed to have consented and agreed that the commissioner of environmental protection and his or her deputies and such other officers or employees of the department of environmental protection as are authorized by such commissioner may, without fee or hindrance, enter the premises connected with the sewer system, or any part thereof and bring in any necessary equipment at proper or reasonable hours for the purpose of exercising the powers and duties of such department prescribed by this section.

§ 24-523 Industrial waste; sewer surcharges.

  1. Definitions. As used in this section, the following terms shall mean:

   1. Commissioner. Commissioner of environmental protection.

   2. Sewer system. The sewers, manholes, intercepting sewers, sewage pumping, treatment and disposal works, and any other plants, works or equipment and accessories within the city, which are used or useful in connection with the collection, treatment or disposal of sewage and waste, and which are owned, operated or maintained by the city as part of the public sewer system.

   3. Sewage. The water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with such ground water infiltration and surface water as may be present. The admixture with sewage as above defined by industrial waste or other wastes as hereafter defined, also shall be considered “sewage” within the meaning of this section.

   4. Industrial waste. Any liquid, gaseous or solid substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources.

   5. Other wastes. Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, and all other discarded matter not sewage or industrial waste.

   6. B.O.D. (Denoting biochemical oxygen demand). The laboratory determination of the quantity of oxygen utilized in the biochemical oxidation of organic matter in a given time and at a specified temperature. It is expressed in parts per million (p.p.m) or (mg/liter) of oxygen used in a period of five days at twenty degrees C.

   7. S.S. (Denoting suspended solids). The laboratory determination of the dry weight expressed in parts per million (p.p.m) or (mg/liter) of solids that either float on the surface or are in suspension in sewage and can be removed from sewage by filtration.

   8. pH. The logarithm of the reciprocal of the hydrogen ion concentration. It indicates the intensity scale of acidity and alkalinity expressed in terms of pH scale running from 0. to 14. A pH value of 7.0 the midpoint of the scale, represents exact neutrality. Values above 7.0 indicate alkalinity and those below 7.0 acidity.

   9. Chlorine demand. The amount of chlorine expressed in milligrams per liter which will complete the normal reactions with all chemicals and materials in the waste leaving an excess of 0.1 milligrams per liter after thirty minutes contact time at room temperature.

   10. Normal Sewage. Sewage, industrial waste or other wastes having all of the following characteristics:

B.O.D. 1,667 lbs. per million gallons(200 parts per million) or less
Chlorine Demand 208 lbs. per million gallons(25 parts per million) or less
S.S. 1,667 lbs. per million gallons(200 parts per million) or less
Ether soluble materials 417 lbs. per million gallons(50 parts per million) or less
pH not less than 5.0 and not more than 9.5

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   11. Receivable Industrial Waste. Sewage, industrial waste or other wastes having all of the following characteristics:

B.O.D. 2,500 lbs. per million gallons(300 parts per million) or less
Chlorine Demand 208 lbs. per million gallons(25 parts per million) or less
S.S. 2,916 lbs. per million gallons(350 parts per million) or less
Ether soluble materials 417 lbs. per million gallons(50 parts per million) or less
pH not less than 5.0 and not more than 9.5;

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and such other characteristics as may be specified by the commissioner by rules and regulations promulgated pursuant to the provisions of subdivision e of this section.

   12. Pollutants. Substances which may be present in sewage, industrial waste or other waste, whether gaseous, liquid or solid, the amounts of which, for the purposes of this section, shall be determined by the sum of the B.O.D. and the S.S. present therein.

   13. Toxic substances. Any substance on the list of toxic pollutants or combination of pollutants published by the administrator of the federal environmental protection agency pursuant to section 307(a)(1) of the federal water pollution control act, commonly referred to as the clean water act, as amended, or any substance whether gaseous, liquid or solid, which when discharged to the sewer system may tend to (i) interfere with or inhibit any sewage treatment plant process or disposal operations, or (ii) be detrimental to the health of human beings or animals or to aquatic life.

   14. Cost per pound of removing pollutants from sewage discharged into the sewer system. An amount certified annually by the commissioner which shall be determined by dividing the total costs of removing pollutants from the sewage discharged into the sewer system during the calendar year immediately preceding the date of certification (including the interest and amortization paid in such year upon indebtedness for capital improvements in connection therewith other than original plant construction or expansion) as computed by the commissioner, by the total number of pounds of pollutants removed in such year as computed by the commissioner. The amount so certified shall be filed in the department of public works on July first of each year and shall be used in computing the surcharges hereunder for the use of the sewer system during the one year period commencing on such July first.

   15. Laboratory determination. The measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurement test or analysis, of “Standard Methods for Examination of Water and Sewage” a joint publication of the American public health association, the American waterworks association and the water pollution control federation or in accordance with any other method prescribed by the commissioner by rules and regulations promulgated pursuant to this section.

  1. Imposition and computation of sewer surcharge.

   1. In addition to any other fees, charges or sewer rents provided by section 24-514 of the code or any other law, the owner of any parcel of real property connected with the sewer system, including but not limited to real property connected with the sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a surcharge for the use of the sewer system for discharging any sewage, industrial waste or other waste, accepted for admission thereto in which the characteristics resulting from pollutants contained therein exceed the maximum values of such characteristics in receivable industrial waste as defined in subdivision a of this section and the rules and regulations of the commissioner adopted pursuant to this section.

   2. i. Such charge shall be computed by the commissioner in accordance with the following formula: The amount of the surcharge shall equal the product of: (A) the cost per pound of removing pollutants from the sewage in the sewer system, (B) a conversion factor and (C) the volume of sewage, industrial waste or other wastes discharged into the sewer system, multiplied by the sum of (A) the average concentration in parts per million by weight of suspended solids for sewage, industrial waste or other wastes discharged into the sewer system, in excess of three hundred fifty parts per million, and (B) the average concentration in parts per million by weight of the biochemical oxygen demand for sewage, industrial waste, or other wastes discharged into the sewer system in excess of three hundred parts per million. Such formula expressed in symbols shall be as follows:

         Ds = C × F × V × [(S.S. - 350) + (B.O.D. - 300)]

where    
  Ds = amount of surcharge, in dollars;
  C = cost per pound (in dollars) of removing pollutants from the sewage discharged into the sewer system expressed to the nearest tenth of a cent;
  F = 62.41,000,000, i.e., the factor for converting parts per million by weight to pounds per million cubic feet;
  V = volume, in cubic feet of sewage, industrial waste or other wastes discharged from such premises into the sewer system;
  S.S. = parts per million by weight of suspended solids in sewage, industrial waste or other wastes discharged from such premises into the sewer system;
  350 = maximum parts per million by weight of S.S. allowable in receivable industrial waste;
  B.O.D. = parts per million by weight of B.O.D. in the sewage, industrial waste or other wastes discharged from such premises into the sewer system;
  300 = maximum parts per million by weight of B.O.D. allowable in receivable industrial waste.

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      ii. In applying such formula the commissioner may use, as the figure representing the number of cubic feet of sewage discharged into the sewer system, (A) the amount of water supplied to the premises by the city or a private water company as shown upon the water meter if the premises are metered, or (B) if the premises are supplied with river water or water from private wells, the amount of water supplied from such sources as estimated by the commissioner, pursuant to paragraph four of subdivision b of section 24-514 of this chapter, or (C) if such premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the commissioner, pursuant to the provisions of paragraph five of subdivision b of section 24-514 of the code, or (D) the number of cubic feet of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the sewer system at his or her own expense in accordance with the terms and conditions of the permit issued by the commissioner pursuant to this method, or (E) a figure determined by the commissioner by any combination of the foregoing or by any other equitable method.

    1. The commissioner may require that a permit be obtained for the discharge whether direct or indirect into the sewer system or into any private sewer or drain emptying into the sewer system, of sewage, industrial wastes or other wastes, the characteristics of which do not conform to the characteristics prescribed for normal sewage in accordance with the provisions of paragraph ten of subdivision a of this section or for the discharge of any toxic substance or any other objectionable material or substance specified by the rules and regulations promulgated pursuant to subdivision e of this section. The commissioner, in his or her discretion, may require a permit for all such discharges or for any class or category of such discharges. Any discharge pursuant to such permit shall be upon such terms and conditions as may be established by the commissioner in the issuance of such permit. Such terms and conditions may include requirements of a limitation upon the volume of sewage and the rate of flow permitted from the premises which are the subject of the permit, the installation and maintenance by the permittee at his or her own expense of facilities or equipment for intermittent or continuous measurement of sewage, industrial waste or other wastes discharged into the sewer system from such premises, the installation and maintenance by the permittee, at his or her own expense, of detention tanks or other facilities or equipment for reducing the maximum rates of discharge of sewage to such percentage of the twenty-four hour rate as may be required by the commissioner, the installation and maintenance by the permittee, at his or her own expense of such preliminary treatment facilities as may be required by the commissioner, the installation and maintenance by the permittee, at his or her own expense, of a suitable control manhole in the house sewer, if any, carrying such sewage; the submission to and approval by the commissioner of the plans for any of the facilities or equipment required to be installed and maintained by the permittee pursuant to such terms and conditions; and such other terms and conditions as may be necessary to protect the sewer system and carry out the provisions of this section. Such terms and conditions may also provide that subsequent to the commencement of operation of any preliminary treatment facilities required by the commissioner, periodic reports shall be made by the permittee to the commissioner, setting forth adequate data upon which the acceptability of the sewage, industrial waste or other wastes, after treatment, may be determined. A violation by the permittee of any term or condition of the permit shall constitute cause for revocation or suspension of the permit.

   2. Whenever required to carry out the provisions of this section and the regulations promulgated pursuant to this section, the commissioner may require any person discharging directly or indirectly into the sewer system or into any private sewer or drain emptying into the sewer system to (i) establish and maintain such records, (ii) make such reports, (iii) install, use and maintain such monitoring equipment or methods (including where appropriate biological monitoring methods) (iv) sample such effluents (in accordance with such methods, at such locations, at such intervals and in such manner as the commissioner shall prescribe) and (v) provide such other information as he or she may reasonably require.

   3. Any person discharging directly or indirectly into the sewer system or into any private sewer or drain emptying into the sewer system, shall be deemed to have consented and agreed that the commissioner or his or her deputies or such other officers or employees as are authorized by the commissioner may enter on the premises from which such discharge is emitted or in which any records required to be maintained under paragraph two are located and may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under paragraph two and sample any effluents discharged from the premises to the sewer system.

   4. It shall be unlawful to make any false statement, representation or certification in any application, record, report, plan, or other document filed with or required to be maintained by the commissioner or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required to be maintained by the commissioner.

  1. Sampling of industrial wastes. Whenever sewage, industrial waste or other waste which has characteristics which do not conform to the characteristics prescribed for normal sewage or receivable industrial waste pursuant to paragraphs ten and eleven of subdivision a of this section, or which contains toxic substances or other material or substance excluded from the sewer system by the commissioner pursuant to this section is discharged into the sewer system from any premises, the commissioner shall have the power to take such samples and tests as may be necessary to determine the nature and concentration of such wastes, and shall have the power to reassess his or her findings by taking such additional samples or tests at any time or by periodic rechecks without notice to the owner or person discharging such wastes. Samples shall be taken and flow measurements made, whenever possible, at a common manhole into which all flows of sewage, industrial waste or other waste from such premises are combined. Such manhole shall be constructed by the owner of such premises, at his or her own expense, when directed by order of the commissioner. Whenever the installation of such a manhole is impossible or impracticable, the owner of such premises shall construct and maintain at his or her own expense, any additional manholes required by order of the commissioner, for accurate measurement of all flow of sewage, industrial waste or other wastes discharged from such premises into the sewer system. Failure to comply with an order of the commissioner issued pursuant to this subdivision may subject the premises to temporary termination of water supply in accordance with the provisions of section 11-314 of the code.
  2. Rules and regulations.

   1. The commissioner shall have the power to promulgate rules and regulations:

      (a) identifying toxic substances and regulating, restricting or prohibiting the discharge of such substances into the sewer system in amounts or concentrations which may cause any of the adverse effects described in paragraph thirteen of subdivision a of this section;

      (b) regulating, restricting or prohibiting the discharge into the sewer system of any material or substance which is or may be detrimental or destructive to the sewer system or the treatment processes thereof or to the public health or welfare;

      (c) specifying the characteristics and the minimum and maximum amounts thereof, in addition to those specified in paragraph eleven of subdivision a hereof, for receivable industrial waste;

      (d) such additional rules and regulations as may be necessary to protect personnel, the sewer system and the treatment process thereof and the receiving waters; and

      (e) regulating the amount and concentration of substances contained in industrial waste discharged directly or indirectly into the sewer system to achieve compliance with effluent limitations imposed upon city discharges to receiving waters by federal or state law or regulation or a discharge permit issued pursuant thereto.

   2. The commissioner shall by rule or regulation adopt the standards, prohibitions and requirements promulgated under the federal water pollution control act, commonly referred to as the clean water act, as amended, except where such standards, prohibitions and requirements are less stringent than those which are established by the commissioner pursuant to paragraph one or three of this subdivision.

   3. Notwithstanding any inconsistent provision of paragraphs one and two of this subdivision, the commissioner may order any person discharging a toxic substance directly or indirectly into the sewer system or into any private sewer or drain emptying into the sewer system to reduce the amount or concentration of such toxic substance to a level which the commissioner determines to be economically achievable by the discharger notwithstanding that such level is lower than that which is prescribed in the regulations adopted pursuant to paragraph one or two or that the discharge is not regulated under such provision. Within twenty days after the issuance of an order by the commissioner, any person affected by such order may request a hearing before the commissioner. The commissioner may suspend, revoke or modify the order.

  1. Cooperation by private persons, water companies and public agencies. The commissioner may require every person who owns or occupies real property within the city and every private water company supplying water to property within the city, to furnish him or her with such information as may be necessary to carry out the provisions of this section. The commissioner shall have the power to hold hearings and to subpoena any such persons or company, or any officer, employee or agent of any such company, and direct the production of books and papers in order to carry out the provisions of this section. Every such person, water company or public official or municipal agency, officer or employee shall cooperate with the commissioner in carrying out the provisions of this section and shall comply with all rules and regulations promulgated pursuant to this section.
  2. Payment and enforcement of sewer surcharges. All surcharges imposed hereunder shall be due and payable at the times and in the manner provided in chapters three and four of title eleven of the code with respect to the payment of sewer rents based upon the metered supply of water. Such sewer surcharges shall constitute a lien upon the real property served by the sewage system and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, water rent, sewer rent or local assessment. Such sewer surcharges shall be collected and the liens thereof may be foreclosed in the manner provided in chapters three and four of title eleven of the code. The revenues derived from the sewer surcharges imposed hereunder, including penalties and interest thereon shall be paid into the sewer fund established pursuant to section 24-514 of the code and shall be used in the manner and for the purposes provided therein.

§ 24-524 Enforcement and penalties.

  1. Orders. Notwithstanding any other provision of law, the commissioner of environmental protection, and the environmental control board within the office of administrative trials and hearings, shall enforce the provisions of subdivisions b and b-1 of section 1403 of the charter and sections 24-504 through 24-523 of this chapter and the rules promulgated pursuant thereto. Such commissioner and board shall have the power to issue such orders as may be provided for therein and such additional orders as may be necessary for the enforcement of such provisions. The department of environmental protection shall promulgate rules governing the appeal of orders issued by the commissioner.
  2. Commissioner’s cease and desist orders.

   1. Whenever the commissioner of environmental protection has reasonable cause to believe that: (i) a discharge has occurred in violation of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or of any order or rule issued by the board or commissioner pursuant to such provisions or to subdivision a of this section in furtherance of such provisions or in violation of the conditions of any permit issued pursuant to such provisions and (ii) that such discharge creates or may create an imminent danger to the sewer system or to the public health or to the life or safety of persons, such commissioner may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation from which the unlawful discharge is emitted to take such action as may be necessary to halt or prevent such discharge.

   2. If service of the order cannot be made personally because such person cannot be located at such time then service may be made by delivering a copy to a person of suitable age and discretion at the residence or place of business of the person sought to be served. If service cannot be made personally or by such delivery to a person of suitable age and discretion because of inability to locate or to obtain the name or address of such person at such time, service may be made by conspicuously posting a copy of such order upon the property to which it relates and mailing the order to the most recent residential or business address of record of the person sought to be served. The posting and mailing of such order shall be sufficient notice of such order to all persons having a duty in relation thereto under the provisions of this subdivision.

   3. If the order is not complied with or so far complied with as such commissioner may regard as reasonable, within the time specified therein such commissioner may act to halt or prevent such discharge by:

      i. sealing, blocking or otherwise inactivating any equipment, facility, or device;

      ii. terminating the water supply to the premises;

      iii. sealing, blocking or otherwise inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or

      iv. any other means or method that is reasonable under the circumstances.

   For such purpose, in accordance with applicable law, the commissioner of environmental protection or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property.

   4. Any person affected by such an order may make written application to the environmental control board within the office of administrative trials and hearings for a hearing. Such hearing shall be provided, pursuant to the rules of such board within such office, and shall be held within two business days after the receipt of such application. The board may suspend, modify or terminate such order.

  1. [Reserved.]
  2. Environmental control board cease and desist orders.

   1. In the case of any continued or knowing violation of any of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions or of the conditions of any permit issued pursuant to such provisions or where the board finds that the violation of any of such provisions or of the conditions of any such permit presents or may present a danger to the environment or threatens to interfere with the operation of the sewer system, the board after notice and the opportunity for a hearing in accordance with the rules of such board within such office, may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation to cease and desist from any activity or process which causes or is conducted so as to cause such violation within the time specified in such order.

   2. Such order may provide that if the order is not complied with or so far complied with as the commissioner of environmental protection may regard as reasonable within the time specified therein, such commissioner may take such action as shall be specified therein, including but not limited to:

      i. sealing, blocking or inactivating any equipment, facility or device;

      ii. terminating the water supply to the premises;

      iii. sealing, blocking or inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or

      iv. any other means or method that is reasonable under the circumstances.

   For such purpose, in accordance with applicable law, the commissioner of environmental protection or his or her deputies or such other officers or employees as are designated by such commissioner may enter on any public or private property.

  1. Action by corporation counsel. If the respondent fails to comply with any order issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection or with the conditions of any permit, or such board or commissioner otherwise deems it necessary, the corporation counsel, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order or permit issued by such board or commissioner.
  2. Civil penalties. Any person who violates or fails to comply with any of the provisions of subdivision b or b-1 of section 1403 of the charter or section 24-504 through 24-523 of this chapter or any order or of any rule issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be liable for a civil penalty not exceeding ten thousand dollars for each violation, provided that this subdivision shall not apply to subdivision c of section 24-509 or subdivisions a and b of section 24-521, and provided that the penalty for the removal of a manhole cover in violation of section 24-517 shall be not less than two thousand five hundred dollars. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense. The office of administrative trials and hearings, pursuant to section 1049-a of the charter, shall have the power to impose such civil penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation returnable to such office. Such office, after a hearing provided in accordance with applicable law and rules, shall have the power to enforce its final decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision d of section 1049-a of the charter. A civil penalty imposed by such office may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The environmental control board within the office of administrative trials and hearings, in its discretion, may, within the limits set forth in this subdivision, establish a schedule of civil penalties indicating the minimum and maximum penalty for each separate offense or may use a schedule adopted by the department of environmental protection.
  3. Criminal penalties. In addition to the civil penalties set forth in subdivision f of this section, any person who knowingly violates or fails to comply with any provision of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or commission of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty nor more than ten thousand dollars, or by imprisonment not exceeding thirty days, or both for each offense, provided that this subdivision shall not apply to subdivision c of section 24-509 or subdivisions a and b of section 24-521, and provided that the punishment for the removal of a manhole cover in violation of section 24-517 shall be a fine of not less than five hundred dollars nor more than ten thousand dollars, or imprisonment not exceeding thirty days, or both for each offense. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense. In addition to its application to any other person, the fine provided for in this paragraph shall be deemed a special fine for a corporation within the meaning of section 80.10 of the penal law of the state of New York.
  4. Liability to the city. Any person who violates or fails to comply with any of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or of any rule issued pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be liable to the city for any expense, including but not limited to costs for response, remediation and emergency services or any other loss or damage suffered by the city by reason of such violation.
  5. Service. Unless otherwise provided in this section, service of any notice or order required by this section may be made either personally or by mail.
  6. Issuance. Officers and employees of the department of environmental protection and of other city agencies designated by the commissioner of environmental protection shall have the power to issue summonses, appearance tickets, orders and notices of violation based upon violations of this chapter or rules of the department promulgated hereunder.
  7. Entry and inspection. An authorized representative of the department of environmental protection may enter on any property, consistent with applicable law and in accordance with rules of the department related to such entry and inspection, to inspect for compliance with this chapter and rules of the department promulgated hereunder.

§ 24-525 Permits.

In all cases where provision is made by law that the consent of the commissioner shall be obtained to authorize any act to be done, he or she may grant a permit therefor, subject to the restrictions of all laws in relation thereto. Upon granting any such permit, he or she may exact such cash deposit or bond, or both, as he or she may deem necessary to safeguard the interests of the city.

§ 24-526 Conveyance of storm water from developments and lots and certain adjacent paved areas to off-site disposal points.

(a) Definitions. As used in this section:

   (1) “Building combined sewer” means a building sewer intended to convey all types of wastewater, subject to certain restrictions;

   (2) “Building sewer” means a sewer consisting of the part of the horizontal piping of a drainage system that extends from the end of a building house drain, as defined in section P100.00 of reference standard RS-16 of this code, to a street sewer or to another point of disposal. Building combined sewers and building storm sewers are types of building sewers;

   (3) “Building storm sewer” means the part of the horizontal piping of a storm water drainage system that extends from a building house storm drain, as defined in section P100.00 of reference standard RS-16 of this code, to a street storm sewer, a street combined sewer or another point of disposal;

   (4) “Catch basin” means a storm sewer inlet connected to a storm sewer or a combined sewer;

   (5) “Development” means a tract of land which has been subdivided into two or more lots, whether or not such tract has been developed as by the installation of any utilities or the construction of any streets or buildings or other structures;

   (6) “Lot” means a portion or parcel of land considered as a unit; a zoning lot;

   (7) “Owner” means a person in whom legal or equitable title to property or premises is vested, a mortgagee or vendee in possession of premises, as assignee of rents, a receiver of premises, or a person listed as owner or agent for an owner on the records as to real property ownership maintained by the bureau of city collections of the department of finance unless such person establishes that such records are erroneous or, if claiming that he or she is an agent of the owner, furnishes the identity of the owner;

   (8) “Person” means a natural person, company, partnership, corporation, association, governmental body or other legal entity, including any individual or entity acting in a representative capacity;

   (9) “Private” means not public;

   (10) “Public” means owned by the city and intended for use by the public, subject to restrictions which the city or agencies thereof may impose;

   (11) “Storm water” means rainwater or surface water;

   (12) “Street combined sewer” means a street sewer which is intended to receive the discharge of all types of wastewater, subject to certain restrictions, from one or more building sewers and catch basins and to convey such wastewater to an intercepting sewer, a private sewage disposal system or some other point of disposal;

   (13) “Street sewer” means a sewer located in the bed of a street or elsewhere which is intended to receive the discharge of all or certain types of wastewater from one or more building sewers and, in some cases, from catch basins, and to convey such wastewater to points of disposal. Street combined sewers and street storm sewers are types of street sewers;

   (14) “Street storm sewer” means a street sewer which is intended to receive the discharge of storm water from one or more building storm sewers and catch basins and to convey such storm water to a point of disposal; and

   (15) “Tidal creek” means any creek where the level of water rises and falls with tidal action, or would do so if not impeded by artificial structures including but not limited to tide gates.

  1. Required conveyance of storm water for off-site disposal when public sewers into which discharge is feasible are located within five hundred feet of property. If the commissioner determines that a public street storm sewer or a public street combined sewer is located within five hundred feet, measured along a street, alley or right-of-way, from any point on the boundary of a development or of a lot which is not within a development into which it would be feasible, as described in subdivision (g) of this section, to discharge storm water from such development or lot:

   (1) An owner of a lot within such a development or of such a lot not within a development, who is constructing or causing to be constructed on such a lot a single one-family or two-family detached or semidetached building, may dispose of the storm water falling or coming to rest within such lot which is required, by paragraph two of subdivision (b) of section P110.2 of reference standard RS-16 of this code, to be conveyed to a boundary of such lot abutting a street for off-site disposal, by causing such storm water to be discharged through an under-the-sidewalk drain or across a sidewalk onto a paved street improved in accordance with the requirements of the department of transportation and containing curbs; provided that catch basins adequate to receive such storm water are located, or are installed in accordance with the requirements of this code and of the department, within five hundred feet from the farthest point of storm water discharge onto such street; provided further that the commissioner determines that such means of storm water disposal is feasible, as described in subdivision (g) of this section, and also provided that the commissioner of buildings agrees with such determination.

   (2) An owner of a lot within such a development or of such a lot not within a development who is constructing or causing to be constructed a building on such lot shall dispose of the storm water falling or coming to rest on such lot which is required, by paragraph three of subdivision (b) of section P110.2 of reference standard RS-16 of this code, to be conveyed to a boundary of such lot abutting a street for off-site disposal, except as provided in paragraph one of this subdivision, by conveying such storm water, together with all storm water falling or coming to rest on all streets and other paved areas outside of such lot constructed or altered in connection with the construction of such building for the primary purpose of improving vehicular or pedestrian access thereto, by sewers, constructed in accordance with requirements in subdivision (e) of this section and elsewhere in this code and of the department, to such public sewer; provided that no sewage shall be discharged into any such public street storm sewer. If installation of a controlled flow storm water system, in accordance with the requirements of section P110.6 of this reference standard, is necessary to make it feasible to discharge such storm water into such public sewer, the owner of the lot shall install such a system.

  1. Required conveyance of storm water for off-site disposal, prior to January first, nineteen hundred ninety-four, when no public sewers into which discharge is feasible are located within five hundred feet of property. The requirements set forth in this subdivision shall apply to the construction of all new buildings for which new building permits have been filed prior to January first, nineteen hundred ninety-four. If the commissioner determines that no public street storm sewer or public street combined sewer is located within five hundred feet, measured along a street, alley or right-of-way, from any point on the boundary of a development or of a lot not contained in a development into which it would be feasible to discharge storm water from such development or such lot:

   (1) An owner of a lot within such a development or of such a lot not within a development who is constructing or causing to be constructed on such lot a one-family, two-family or three-family building, where more than thirty percent of the area being developed, exclusive of streets, shall have no structures and shall be unpaved, but which area may have not more than twenty percent of the floor area of all the structures in the development devoted to nonresidential uses, may dispose of all or some of the storm water falling or coming to rest on such lot which, pursuant to paragraph three of subdivision (c) of section P110.2 of reference standard RS-16 of this code, is conveyed to a boundary of the lot abutting a street, by discharging such storm water through an under-thesidewalk drain or across a sidewalk onto a paved street improved in accordance with the requirements of the department of transportation and containing curbs, provided that:

      (A) such person provides for the installation of all street storm sewers or street combined sewers and catch basins, constructed in accordance with the requirements in subdivision (e) of this section and elsewhere in this code and of the department, such that a catch basin adequate to receive such storm water, together with all storm water falling or coming to rest on all streets and other paved areas outside of such lot constructed or altered in connection with the construction of such building for the primary purpose of improving vehicular or pedestrian access thereto, shall be located within five hundred feet from the farthest point of storm water discharge onto such street, and such that the street storm sewers or street combined sewers extend from such catch basin to a point of disposal described in paragraph three of this subdivision; the requirements of this subparagraph shall not apply if private catch basins and sewers meeting all the requirements of this subparagraph are already present; and

      (B) the commissioner determines that such means of storm sewer disposal is feasible, as described in subdivision (g) of this section, and the commissioner of buildings agrees with such determination.

   (2) An owner of a development which shall only contain buildings described in paragraph four of subdivision (c) of section P110.2 of reference standard RS-16 of this code who conveys storm water falling or coming to rest within such development to a boundary of such development, pursuant to such paragraph, or an owner of a lot, whether or not within a development, who is constructing or causing to be constructed on such lot a new building and who is required to convey storm water falling or coming to rest within such lot to a boundary of such lot abutting a street, pursuant to paragraph five of subdivision (c) of section P110.2 of reference standard RS-16 of this code, shall convey such storm water, together with storm water falling or coming to rest on all streets and other paved areas outside of such development or lot which are constructed or altered in connection with the construction of such buildings or building for the primary purpose of improving vehicular or pedestrian access thereto, from such boundary by sewers, constructed in accordance with the requirements in subdivision (e) of this section and elsewhere in this code and of the department, to a point of disposal described in paragraph three of this subdivision.

   (3) Points of disposal for storm water disposed of pursuant to this subdivision are:

      (A) the New York Harbor, or a point on a tidal creek acceptable to the commissioner as an adequate storm water outlet; provided that only building storm sewers and, if necessary, street storm sewers are constructed and that no sewage is discharged at such a point of disposal; and provided that such outlets shall only be used in compliance with applicable provisions of law;

      (B) a public street storm sewer or public street combined sewer, regardless of its distance from the property, to which the commissioner determines that conveyance of storm water is feasible, as described in subdivision (g) of this section, provided that no sewage shall be discharged into a street storm sewer; or

      (C) an existing private street storm sewer or private street combined sewer to which the commissioner determines that conveyance of storm water is feasible, as described in subdivision (g) of this section; provided that such street sewer connects with a public street sewer or, if it is a private storm sewer, discharges directly into the New York harbor, or into a point on a tidal creek acceptable to the commissioner as an adequate storm water outlet, in accordance with applicable provisions of law; and provided further that no sewage shall be discharged into a street storm sewer.

  1. Required conveyance of storm water for off-site disposal, on or after January first, nineteen hundred ninety-four, when no public sewers into which discharge is feasible are located within five hundred feet of property. The requirements set forth in this subdivision shall apply to the construction of all new buildings for which new building permits have been filed on or after January first, nineteen hundred ninety-four. If the commissioner determines that no public street storm sewer or public street combined sewer is located within five hundred feet, measured along a street, alley or right-of-way, from any point on the boundary of a development or of a lot not contained in a development into which it would be feasible to discharge storm water from such development or such lot, an owner of a lot within such a development or of such a lot not within a development who is constructing or causing to be constructed a building on such lot shall dispose of storm water falling or coming to rest within such lot, together with storm water falling or coming to rest on all streets and other paved areas outside of such lot which are constructed or altered in connection with the construction of such building for the primary purpose of improving vehicular or pedestrian access thereto, by means acceptable to the commissioner and the commissioner of buildings, including but not limited to those set forth in section P110.13 of this reference standard; provided, however, that such persons shall not be required to construct street storm sewers or street combined sewers for distances greater than seven hundred fifty feet.
  2. Maximum required capacity for street storm sewers or street combined sewers required by this section. The commissioner may require an owner of a lot or a development who is required by this section to construct street storm sewers or street combined sewers to construct such sewers with a capacity not to exceed twenty-five percent above and beyond the capacity which the commissioner determines is needed for the disposal of storm water falling or coming to rest on such property together with storm water falling or coming to rest on all streets and other paved areas outside of such property which are constructed or altered in connection with the construction of a building or buildings on such property for the primary purpose of improving vehicular or pedestrian access thereto. The department reserves the right to construct catch basins connected to such sewers at the cost and expense of the city, to alleviate flooding or ponding conditions, provided that the commissioner determines that the capacity of such sewers shall not be exceeded.
  3. Repair of defects in catch basins and sewers required. Any owner of property who causes any catch basin or any sewer which shall lie outside of such property to be constructed pursuant to subdivision (b), (c) or (d) of this section shall cause all defects in such catch basin or sewer and all faults in its installation to be repaired for a period of two years after it has been installed, immediately after the department orders such person to do so.
  4. Feasibility of discharging storm water into a street storm sewer or a street combined sewer. The commissioner shall determine that the discharge of storm water into a street storm sewer or a street combined sewer pursuant to this section is feasible if he or she finds that:

   (1) the sewer is of adequate capacity to receive all such storm water or would be adequate to receive it if the owner of property installed controlled flow storm water systems, in accordance with the requirements of section P110.6 of reference standard RS-16 of this code, to restrict the maximum anticipated storm water flow to a level set by the commissioner;

   (2) the sewer is in adequate physical condition to receive such storm water;

   (3) no physical obstacle which would make conveyance of such storm water to the sewer impracticable exists between the sewer and the boundaries of the development or lot from which such storm water shall be discharged;

   (4) conveyance of such storm water to the sewer is not impracticable because of the elevation of the sewer in relation to the development or lot from which such storm water shall be discharged;

   (5) the sewer is located in the same drainage area as all or most of the development or lot from which such storm water shall be discharged; and

   (6) no other factor reasonably related to the conveyance of such storm water from such development or lot to the sewer would make the discharge of such storm water into the sewer impracticable or undesirable as a proper means of storm water disposal.

  1. Time by which construction of the part of the storm water drainage system required by this section shall be completed. The part of the storm water drainage system for property required by this section shall be completed prior to the issuance of a certificate of occupancy by the department of buildings for, and actual occupancy of, the building in connection with which such storm water drainage system is being constructed.
  2. Performance bond, license and insurance required. If an owner of property is required to construct or repair defects in catch basins or sewers which shall lie outside of such property, in connection with the construction of a new building pursuant to this section, he or she shall provide the department with:

   (1) a performance bond or other security satisfactory to the department and approved as to form by the law department of the city for the full cost, as estimated by the department, of performing all such construction and repair work;

   (2) any license or other written instrument which the commissioner or the law department of the city may reasonably request which gives the department, its agents and contractors and the surety for a performance bond described in paragraph one of this subdivision the legal right to enter private property to perform such construction and repair work, pursuant to the terms of the performance bond or in accordance with the conditions of acceptance of other security described in paragraph one of this subdivision, and the legal right to connect to, to extend or to discharge storm water into any private sewer authorized as a point of disposal pursuant to paragraph three of subdivision (c) of this section, in the event that the owner of property fails to do so as required by this section; and

   (3) insurance of a kind and in an amount which the commissioner and the law department of the city deem satisfactory to insure the city fully for all risks of loss, damage to property or injury to or death of persons to whomever occurring arising out of or in connection with the performance of such sewer construction and repair work.

  1. Contractual obligations of the city not abrogated. The provisions of this section shall not be construed to abrogate or contravene any contractual obligation of the city to construct storm water drainage systems or parts thereof. The requirements of subdivisions (b), (c), (d), (f) and (i) of this section shall be inapplicable to an owner of property insofar as they relate to any construction work required to be performed by the city pursuant to such a contractual obligation.
  2. Determination by the board of standards and appeals. Any determination made by the board of standards and appeals with reference to the disposal of storm water, pursuant to the provisions of section 27-160 and section P110.2 of reference standard RS-16 of this code, shall be binding upon the department for the purposes of the enforcement and administration of this section.

§ 24-526.1 Sustainable stormwater management.

  1. Definitions. For the purposes of this section only, the following terms shall have the following meanings:

   1. “Best Management Practices” or “BMPs” mean source control measures.

   2. “Bioretention” means using living vegetative systems to capture, store, and cleanse stormwater. Bioretention may be achieved by, among other things, rain gardens, vegetated buffers, swales, and medians.

   3. “Bluebelt” means engineered and natural aquatic systems, such as existing wetlands, streams and ponds, that control the movement of water and prevent flooding,as an alternative to constructing storm sewers.

   4. “Blueroof” means a rooftop detention system.

   5. “Cisterns” means storage tanks that are used to capture and store rainwater and other precipitation.

   6. “City” means the city of New York.

   7. “Downspout disconnections” means disconnecting downspouts from the sewer system, such that water from downspouts drains into bioretention devices, cisterns, or other stormwater control devices.

   8. “Green roof” means a living vegetative system partially or wholly covering a roof.

   9. “Green street” means a street that incorporates environmentally beneficial engineering techniques into its design, including vegetative source control measures.

   10. “Green wall” means a living vegetative system partially or wholly covering a wall.

   11. “Grey-water reuse” means reuse of wastewater for beneficial purposes such as irrigation.

   12. “High level storm sewer” means a storm sewer in which the catch basin connection is removed from the combined sewer under streets or in the public right-of-way and connected to a new storm sewer that will convey stormwater directly to ambient surface waters. As a general matter this type of separation is also called “partial separation.”

   13. “Loading” means an amount of matter that is introduced into a receiving waterbody.

   14. “Non-technological measure” or “non-technological source control measure” means a source control measure that does not use technology to control stormwater, such as operational strategies, procedural changes to design and construction protocols, or performance standards.

   15. “Office” shall mean such office or agency as the mayor shall designate.

   16. “Permeable pavement” means any area paved with material that permits water penetration into a suitably designed discharge bed. Permeable pavement may consist of any porous surface materials that are installed, laid, or poured.

   17. “Pollution loading” means an amount of pollutants that is introduced into a receiving waterbody.

   18. “Rain barrel” means a barrel used to hold rainwater.

   19. “Source control measure” means any stormwater management practice designed to reduce and/or slow the flow of stormwater into a combined sanitary and stormwater sewer or a separate stormwater sewer, including, but not limited to, any such practices commonly referred to as “Low Impact Development” or “Best Management Practices.”

   20. “Subgrade storage chambers” means underground stormwater storage facilities that are designed to hold stormwater to prevent such water from entering combined or other sewer systems.

   21. “Technological measure” or “technological source control measure” means a source control measure that uses a technology to control stormwater, such as rooftop detention or a constructed bioswale.

   22. “Tree cover” means the extent to which an area is covered by the canopy of living trees.

   23. “Tree pit design” means the specifications according to which space is created for the planting of trees in paved areas, including but not limited to the depth and breadth of the planting area, the type of soil, and the type of barrier, if any, constructed around the perimeter of the planting area.

   24. “Vegetative source control measure” means a source control measure that relies on living vegetative systems to reduce and/or slow the flow of stormwater into a combined sanitary and stormwater sewer or a separate stormwater sewer.

   25. “Waterbody means any river, tidal estuary, bay, creek, canal, or other body of surface water.

  1. Development of sustainable stormwater management plan.

   1. The office shall develop a proposed and final sustainable stormwater management plan. Such plan shall identify and provide for the implementation throughout the city, on both public and private properties, of efficient, effective, and feasible technological and non-technological source control measures to reduce the volume of water flowing into the city’s sewer system and the pollution loadings carried by stormwater into the city’s waterbodies. The overall goals of such plan shall be to reduce the volume of stormwater flowing into the city’s sewer system, to improve water quality in the city’s waterbodies and to protect the public health through the restoration and protection of the ecological health of the city’s waterbodies, and to enhance use and enjoyment of the city’s waterbodies for recreational activities.

   2. No later than October 1, 2008, the office shall submit a draft sustainable stormwater management plan that meets the requirements of this section to the mayor, speaker of the council, and the public for review and comment. Submission to the public may be made by posting a draft plan on the internet.

   3. Two months after the release of the draft plan, but no later than December 1, 2008, the office shall submit a final sustainable stormwater management plan that meets the requirements of this section to the mayor, speaker of the council, and the public. Such plan shall be reviewed and revised by the office as necessary to achieve such plan’s goals; provided that such review must occur at least once every four years. Any such revisions and the reasons for such revisions should be clearly indicated in such plan.

   4. No later than October 1, 2010, and no later than October 1 of every second year thereafter, the office shall submit a report to the mayor, the speaker of the council, and the public, which shall include, but not be limited to, the implementation status of the measures included in the plan prepared pursuant to this subdivision, including a quantitative assessment, where susceptible to quantification, and a qualitative assessment of the progress made toward achieving each of the milestones identified in such plan and, where revised, an explanation for such revision.

  1. Plan elements. The plan prepared pursuant to subdivision b of this section, as it may be revised pursuant such section, shall include but not be limited to the following:

   (1) a statement of goals related to reducing the volume of stormwater flowing into the city’s sewer system, improving water quality in the city’s waterbodies, protecting the public health through the restoration and protection of the ecological health of the city’s waterbodies, enhancing use and enjoyment of the city’s waterbodies for recreational activities, and such other aspects of stormwater management deemed appropriate.

   (2) an identification and description of the technological and non-technological measures included in such plan, including, for each such measure, (i) a statement regarding the general site conditions required and types of properties where each such measure is typically feasible for implementation and (ii) identification to the greatest extent feasible of the areas in the city that satisfy those conditions and a prioritization of such areas according to the magnitude of potential benefits achievable through implementation of source control measures;

   (3) for each of the technological measures included in such plan, (i) an identification of the agencies and/or offices of the city that would oversee and/or be responsible for constructing, permitting or otherwise approving or promoting such measures and (ii) any prerequisites to adoption of such technological measures, including but not limited to technical studies, pilot projects, funding and budgetary considerations, and federal, state or local legislative or regulatory action;

   (4) for each of the non-technological measures included in such plan, (i) an identification of protocol amendments and the agencies and/or offices of the city that would be responsible for adopting such measures and (ii) any prerequisites to adoption of such measures, including but not limited to funding and budgetary considerations, and federal, state or local legislative or regulatory action;

   (5) descriptions of any modeling methodologies used to identify technological measures, a statement of all inputs used to complete any modeling run, and the results of any modeling, or a compilation of other supporting data, whether derived from a model or not;

   (6) for each of the specific goals, measures and prerequisites included in such plan, (i) a timeline setting forth target dates to achieve interim and final milestones, including but not limited to protocols for monitoring, assessing, and reporting progress toward achieving such milestones, provided that such milestones shall, where susceptible to quantification, be expressed quantitatively, and any potential prerequisites to achieving such milestones, including but not limited to technical studies, pilot projects, and federal, state or local legislative action and (ii) identification of budgetary authorizations, appropriations, or other allocations that are necessary to implement the measures and goals included in such plan;

   (7) protocols for signage and for a program of public notification to inform the public of the location and occurrence of combined sewer overflow events, which such program shall include a mechanism to alert potential users of the waterbodies affected by combined sewer overflow events, through the use of radio, print media, internet, 311, e-mail alerts or similar modes of communication, of the estimated nature and duration of conditions that are potentially harmful to users of such waterbodies;

   (8) a methodology to be used for quantitatively measuring the performance of source control measures undertaken and/or monitored by the city where feasible;

   (9) a summary of public input provided during the development of such plan, steps taken to solicit input pursuant to subdivision e of this section, the office’s responses to comments received from the public pursuant to subparagraph (i) of paragraph 1 of subdivision e of this section, and a summary of steps the department has taken and will take to involve the public, including organizations and members of the public with relevant knowledge and expertise, in the implementation of such plan.

  1. Initial assessment of measures.

   1. In addition to any other source control measure the office deems appropriate in the plan prepared pursuant to this section, the office shall assess the technical and environmental feasibility, benefits, costs and cost-effectiveness of including the following source control measures:

      (i) amending the protocols, procedures and/or rules and regulations applicable to the scoping, design, preliminary and final budget approval, and operations and maintenance of city-owned or city-financed projects, to require the consideration of source control measures and other stormwater controls at the earliest possible stage;

      (ii) establishing performance, construction and/or design standards for the minimization and control of stormwater runoff from new or existing roads, bridges, and other portions of the public right-of-way;

      (iii) establishing performance, construction and/or design standards for the minimization and control of stormwater runoff from new or existing public open space, public building green roofs, parks, or plazas;

      (iv) requiring mandatory technological source control measures on public and private property, including, but not limited to, bluebelts, green roofs, bioretention, tree cover and tree pit design, permeable pavement, wetland preservation and creation, green streets, green walls, blue roofs, rain barrels, cisterns, downspout disconnections, subgrade storage chambers, and grey-water reuse; provided that such plan shall prioritize vegetative source control measures where feasible; (v) creating incentives, including, but not limited to, tax incentives, grant programs, low-interest financing, expedited permitting, and restructuring of water and sewer rates, to encourage the owners of new and existing private buildings to retrofit or construct such buildings and improvements with appropriate source control measures;

      (vi) amending provisions in the building code, housing maintenance code, zoning resolution, and other applicable federal, state and local laws, rules and regulations applicable to all new or existing public or private construction projects or property, to require the implementation of source control measures and to institute quantitative performance standards for the minimum amount of stormwater that must be retained, detained, infiltrated, and/or reused on-site;

      (vii) using new and existing public open space, public building roofs, parks, and plazas for detention, retention, infiltration, reuse and natural filtering of stormwater;

      (viii) implementing a public education program to increase awareness about the need to reduce the flow of stormwater into the city’s sewer systems and waterbodies, and about specific methods and practices for doing so;

      (ix) supplementing high-level storm sewers with source control measures to reduce stormwater runoff volume and/or pollutant loadings at sites where high-level storm sewers are built, have been proposed, or are under consideration;

      (x) promoting water conservation;

      (xi) adapting ongoing ambient water quality monitoring programs to provide for regular collection of samples in the immediate vicinity of combined sewer outfalls during or immediately following combined sewer overflow events; and

      (xii) encouraging the development of existing and new local markets, job training, and employment opportunities to support the implementation and maintenance of source control measures.

   2. For purposes of the assessments carried out pursuant to paragraph one of this subdivision benefits considered shall be quantified to the greatest extent practicable and shall include, but not be limited to (i) water quality benefits to particular waterbodies, stormwater capture rates, reductions in combined sewer overflow discharge volumes, the potential savings in hard infrastructure, construction and maintenance costs, and reduction of the city’s operating expenses for sewage treatment and (ii) non-water quality related environmental, public health, aesthetic, and economic benefits, such as those associated with cooling and cleansing the air, reducing energy demand, sequestering and reducing emissions of greenhouse gases, beautifying neighborhoods, providing habitat for birds and other wildlife, and developing new local markets that can stimulate job growth.

  1. Public input.

   1. The office shall solicit public input during the development of the plan prepared pursuant to subdivision b of this section. Opportunities for such input shall include, at a minimum, (i) a thirty day comment period immediately following the release of the draft plan pursuant to this section, at which time the office shall consider all comments received on such plan and (ii) quarterly public forums at which representatives of the office shall provide updates on the office’s progress in preparing such plan and invite feedback from participants. The office shall respond to all substantive comments received pursuant to subparagraph (i) of paragraph 1 of this subdivision.

   2. The office shall involve the public and organizations and members of the public with relevant knowledge and expertise in the implementation of the measures included in such plan.

  1. Each management report and preliminary management report submitted to the council by the mayor pursuant to section 12 of the New York city charter shall include, with respect to each agency or office identified in paragraphs 3 and 4 of subdivision c of this section, quantitative indicators of progress towards implementing the measures included in the plan prepared pursuant to subdivision b of this section.

§ 24-527 Watershed protection plan for the watershed/sewershed of Jamaica bay.

  1. No later than October 1, 2007, the commissioner shall complete a watershed protection plan for the watershed/sewershed of Jamaica bay, which shall, among other things, include measures the city can implement to help protect Jamaica bay. The overall goal of such plan shall be to restore and maintain the water quality and ecological integrity of Jamaica bay.
  2. The commissioner shall assess the technical, legal, environmental and economical feasibility of including the following measures, at minimum, in the plan prepared pursuant to subdivision a of this section:

   (1) best management practices for the minimization and control of soil erosion and stormwater runoff and reduction of both point and non-point source pollution, including, but not limited to, the promotion of development practices such as the on-site detention and infiltration of stormwater runoff, the minimization of impervious surfaces and the creation of natural systems to control and minimize stormwater runoff;

   (2) measures to address threats to aquatic habitat, including, but not limited to, stabilizing and restoring salt marshes, wetlands, soils and other natural areas, strengthening ecological buffers, restoring natural features to the Jamaica bay watershed/sewershed shoreline, and reestablishing water flows;

   (3) land acquisition and land use planning practices and opportunities, including, but not limited to, incentives, such as expedited permitting and property tax relief, for infill, brownfield redevelopment and other environmentally beneficial development, and disincentives, such as stricter development guidelines, for development that may adversely impact Jamaica bay;

   (4) a protocol for coordination with appropriate federal, state and city governmental entities that have jurisdiction over the Jamaica bay area, with respect to, but not limited to, efforts to restore and maintain the water quality and ecological integrity of Jamaica bay and notification regarding proposed development projects within the Jamaica bay watershed/sewershed that may adversely impact Jamaica bay;

   (5) a protocol for coordination with the office of operations that ensures that environmental assessments and reviews of projects within the Jamaica bay watershed/sewershed address potential impacts to Jamaica bay and are conducted pursuant to all applicable federal, state and city environmental quality review laws and regulations;

   (6) a public education program, including, but not limited to, programs for schools, developers, commercial facilities, civic groups and other local organizations and entities to increase awareness about the ecological significance and degradation of Jamaica bay; potential threats to Jamaica bay; restoration and watershed stewardship activities undertaken by the department and others involving Jamaica bay; and methods and practices to reduce pollution in Jamaica bay; and

   (7) a program to target enforcement efforts that will help reduce polluting behaviors and operations that may adversely impact Jamaica bay.

  1. The watershed protection plan prepared pursuant to subdivision a of this section, as it may be revised pursuant to subdivision h of this section, shall contain the following:

   (1) specific goals related to restoring and maintaining the water quality and ecological integrity of Jamaica bay;

   (2) the geographic boundaries of the watershed/sewershed of Jamaica bay for the purpose of achieving the goals of such plan and an explanation for the selection of such boundaries;

   (3) the assessments the commissioner completed for each measure considered for inclusion in such plan;

   (4) for any final recommendation of the Jamaica bay watershed protection plan advisory committee established pursuant to subdivision j of this section that was not assessed for inclusion or incorporated in such plan, an explanation for such omission; and

   (5) a schedule, including interim and final milestones, for implementing the measures and achieving the specific goals included in such plan and methods of monitoring progress towards achieving such milestones and goals.

  1. No later than October 1, 2006, the commissioner shall complete an interim report on the preparation of the watershed protection plan required pursuant to subdivision a of this section, which shall include, at minimum, the following elements:

   (1) a description of the current status of the plan preparation, including, but not limited to, the status of all feasibility assessments of measures conducted pursuant to subdivision b of this section; and

   (2) for each preliminary recommendation of the Jamaica bay watershed protection plan advisory committee provided to the commissioner pursuant to paragraph four of subdivision j of this section, the commissioner shall state whether:

      i. the recommendation will be incorporated into the plan required pursuant to subdivision a of this section;

      ii. the recommendation will not be incorporated into such plan, in which case the commissioner shall provide a detailed explanation of the basis for any such omission; or

      iii. the recommendation will be further assessed for inclusion in such plan, in which case the commissioner shall provide a detailed explanation of the reason for such further assessment, including a timeline for such assessment’s completion.

  1. No later than March 1, 2007, the commissioner shall complete a draft of the watershed protection plan for the watershed/sewershed of Jamaica bay required pursuant to subdivision a of this section.
  2. The commissioner shall implement the plan prepared pursuant to subdivision a of this section, as it may from time to time be revised pursuant to subdivision h of this section, in accordance with its provisions.
  3. The commissioner shall submit to the mayor and the speaker of the council the watershed protection plan, draft of such plan and interim report prepared pursuant to subdivisions a, d and e of this section, or any revised plan prepared pursuant to subdivision h of this section, no later than five business days after its completion.
  4. The watershed protection plan prepared pursuant to subdivision a of this section shall be reviewed and revised as necessary to achieve its goals, but in no event shall such review occur less often than once every two years.
  5. No later than October 1, 2008, and no later than October 1 of every second year thereafter, the commissioner shall submit a report to the mayor and the speaker of the council, which shall include, but not be limited to:

   (1) the implementation status of the measures included in the watershed protection plan prepared pursuant to subdivision a of this section, as it may have been revised pursuant to subdivision h of this section; and

   (2) where the plan has been reviewed in accordance with subdivision h of this section and the commissioner determines that no revisions are required, such determination and the reasons for it.

    1. A Jamaica bay watershed protection plan advisory committee shall be established, which shall provide advice to the commissioner for the duration of its term and provide preliminary and final recommendations to the commissioner and the speaker of the council on the watershed protection plan required pursuant to subdivision a of this section regarding:

      i. the specific goals of such plan related to restoring and maintaining the water quality and ecological integrity of Jamaica bay;

      ii. the geographic boundaries of the watershed/sewershed of Jamaica bay to be included in such plan;

      iii. any measures that should be assessed by the commissioner for inclusion in such plan, in addition to those listed in subdivision b of this section;

      iv. the assessment of the technical, legal, environmental and economical feasibility of including in such plan the measures listed in subdivision b of this section and any additional measures; and

      v. a schedule, including interim and final milestones, for implementing the measures and achieving the specific goals to be included in such plan and methods of monitoring progress towards achieving such milestones and goals.

   (2) Such advisory committee shall be comprised of seven members, three of whom shall be appointed by the speaker of the council and four by the mayor. The members shall be appointed within forty-five days after the effective date of this section and shall serve without compensation. The chairperson(s) shall be elected from amongst the members. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The commissioner may provide staff to assist the advisory committee.

   (3) Such members of the advisory committee shall serve until three months after the date upon which the commissioner completes the watershed protection plan prepared pursuant to subdivision a of this section, after which time the committee shall cease to exist.

   (4) No later than July 1, 2006, the chairperson(s) of such committee shall submit a report containing the committee’s preliminary recommendations regarding the watershed protection plan required pursuant to subdivision a of this section to the commissioner and the speaker of the council.

   (5) No later than June 1, 2007, the chairperson(s) of such committee shall submit a report containing the committee’s final recommendations regarding the watershed protection plan required pursuant to subdivision a of this section to the commissioner and the speaker of the council.

§ 24-527.1 New York City Jamaica Bay task force.

  1. As used in this section the term “Jamaica Bay clean-up and resiliency project” means the cleanup of marine debris, management of combined sewer overflows and storm flows for the bay consistent with the Jamaica Bay watershed protection plan and taking into account the impacts of sea level rise.
  2. There shall be a Jamaica Bay task force, which, during its term, shall provide advice and recommendations in a biannual report to the city with respect to the Jamaica bay clean-up and resiliency project. Such report shall be transmitted to the mayor, the speaker of the city council, the Jamaica Bay Science and Resilience Institute and other relevant entities in a form and manner to be determined by such task force.
  3. The task force shall provide advice and recommendations on matters relating to or impacting the ongoing Jamaica Bay clean-up and resiliency project including but not limited to:

   1. Review of measures proposed to restore and maintain the water quality and ecological integrity of the bay; and

   2. Analysis of the impacts of sea-level rise on Jamaica Bay and the surrounding watershed including the underground aquifer and groundwater service area.

  1. The task force shall be comprised of eleven members, five of whom will be appointed by the speaker of the council and six members by the mayor. The members shall include a representative from each community board in the Jamaica Bay Watershed as well as at least two representatives from the communities that adjoin Jamaica Bay. The members shall also include persons with relevant expertise and experience in the fields of hydrology, biology, geology and oceanography. Members shall be appointed within 180 days after the effective date of this section and shall serve without compensation. A chairperson shall be elected from amongst the members. Members shall serve five-year terms. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. The commissioner may provide administrative assistance to the task force.

§ 24-528 New York city comprehensive wetlands study and protection strategy.

  1. Definitions.

   1. “City” shall mean the geographic area constituting the city of New York, including wetlands, shorelines and underwater lands.

   2. “Office” shall mean the mayor’s office of long-term planning and sustainability.

   3. “Wetlands” shall mean those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.

  1. Preliminary satellite or aerial imagery survey. No later than September 1, 2010, the office shall submit to the mayor and the speaker of the council a preliminary survey of likely wetland areas based upon satellite or aerial imagery. The preliminary satellite or aerial imagery survey shall be for the purpose of indicating the overall size and location of remaining wetlands within the city and therefore to inform the development of an overall strategy for wetlands in the city.
  2. Development of a comprehensive wetlands strategy. The office shall complete a preliminary wetlands protection strategy the overall goals of which shall be to (1) conserve, protect, enhance, stabilize, restore and expand wetlands and associated buffer areas in the city; (2) avoid and minimize wetlands losses and achieve no net loss of wetlands in the city; (3) standardize and improve the management of wetlands and associated buffer areas and (4) balance the needs for wetlands protection with other, competing land uses that are in the public interest, such as the construction of schools or affordable housing. Such strategy shall consider (1) the ecological, hydrological, economic, aesthetic and habitat functions of wetlands including, but not limited to future protection from storm surges and other effects of rising sea levels; (2) the current condition and protections afforded wetlands in the city, including wetlands smaller than 12.4 acres in size; and (3) the wetlands policies, laws, rules and regulations that have been adopted by other municipalities in New York state.
    1. No later than December 31, 2011, the office shall submit a preliminary comprehensive wetlands protection strategy that meets the requirements of this subdivision to the mayor, the speaker of the council and the public for review and comment. Access to the public shall include posting such preliminary strategy on the city’s website and such other measures as the office deems appropriate to increase notice.

   (2) No later than March 1, 2012, the office shall submit a final comprehensive wetlands protection strategy that meets the requirements of this subdivision to the mayor, the speaker of the council and the public. Submission to the public may include posting such final strategy on the city’s website and such other measures as the office deems appropriate to increase notice.

   (3) The comprehensive wetlands protection strategy shall include, but not be limited to, the following:

      (i) appropriate legal requirements, management mechanisms, funding mechanisms, enforcement mechanisms and incentives to conserve, protect, enhance, restore, stabilize and expand wetlands and associated buffer areas in the city, whether publicly or privately owned;

      (ii) appropriate legal requirements, management mechanisms, funding mechanisms, enforcement mechanisms and incentives regarding management of wetlands in the city by public and private owners to ensure their consistency and best practices;

      (iii) land acquisition and land use planning practices and opportunities to provide for wetlands retreat;

      (iv) strategies for adaptation to sea level rise that involve wetlands to the extent not provided for in any other planning or management initiatives undertaken by or on behalf of the city;

      (v) opportunities to improve the implementation of wetlands mitigation and creation activities;

      (vi) a protocol for coordination with appropriate federal, state and city governmental entities that have jurisdiction over or other property interest in wetlands or associated buffer areas including, but not limited to, coordination in the development of a comprehensive list of wetland mitigation opportunities and notification procedures regarding proposed development projects that may adversely impact wetlands or associated buffer areas;

      (vii) reporting mechanisms for wetlands indicators; and

      (viii) a public education program to increase awareness about the ecological, economic, aesthetic and other values of wetlands and their associated buffer areas, which shall include information presented on the city’s website and such other means as the office deems appropriate.

   (4) The comprehensive wetlands protection strategy shall include a schedule and milestones for implementing the strategy and achieving its goals.

   (5) To the extent that any element of the comprehensive wetlands protection strategy is provided for in any other planning or management initiative undertaken by or on behalf of the city, such element may be incorporated by reference.

  1. The comprehensive wetlands protection strategy developed pursuant to this section shall be reviewed and revised as necessary to achieve its goals, the first such review to be undertaken within three years and thereafter no less often than every four years. No later than April 22, 2015 and no later than every fourth year thereafter, the commissioner shall submit a report to the mayor and the speaker of the council that provides an update on the comprehensive wetlands protection strategy developed pursuant to this section which shall include, but not be limited to:

   (1) the implementation status of the measures included in such strategy, as it may have been revised pursuant to this subdivision; and

   (2) specific progress towards each of the strategy’s goals.

§ 24-529 Car wash, standards.

  1. Definitions. For purposes of this section:

   Applicant. The term “applicant” means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that seeks a license or renewal of a license to engage in the operation of a car wash.

   Car wash. The term “car wash” means any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles. “Car wash” shall not include:

   1. any business entity that is engaged in selling, leasing, renting or repairing motor vehicles, where car washing is ancillary to the primary business of such entity;

   2. any self-service facility for washing vehicles, where the facility’s employees do not provide assistance to customers in the cleaning of vehicles, such as washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles, including businesses such as convenience stores, gas stations and oil change facilities, where car washing is ancillary to the primary business of the facility;

   3. any person that engages in the cleaning of vehicles on an intermittent basis to raise funds for a not-for-profit organization; or

   4. any federal, state or local governmental agency.

  1.    Prior to filing an application for a license or renewal of a license to operate a car wash pursuant to subchapter 33 of chapter 2 of title 20 of this code, an applicant shall certify to the commissioner that the following information, in a form and method prescribed by the commissioner, will be maintained by the applicant at its principal place of business for a minimum of three years, and such information shall be made available to the department or the department of consumer affairs upon request:

   1. The source from which the applicant draws or will draw its water, whether from the public water supply, well water or other source;

   2. For renewal applicants, the amount of water drawn from public sources each month since the applicant last filed an application;

   3. Construction drawings and as-built plans, meaning the final set of drawings produced at the completion of construction, of any oil/water separator system or sand interceptor, attesting to the volume of the system and to the maximum flow of wastewater that the system can filter and otherwise clarify efficiently;

   4. Written certification that the applicant has regularly removed, in accordance with the respective manufacturer’s specifications, oil, sediment and other residues that may be regulated by the commissioner pursuant to department rules regarding sewer use from its oil/water separator system and sand interceptor, as well as the method or methods used to remove and dispose of such oil, sediment and other residues, and for renewal applicants, the frequency of such removal and disposal since the applicant last filed an application;

   5. Written certification that the applicant has complied with the rules of the department regarding testing and reporting with respect to all backflow prevention devices;

   6. A logbook of monitoring and inspection results and repair and maintenance activities with regard to oil/water separators, sand interceptors and other pretreatment devices or systems, and backflow prevention devices, since the applicant last filed an application, provided that an applicant for a new car wash shall begin maintaining such information between sixty and ninety days of commencement of operations after receiving a license from the department of consumer affairs pursuant to section 20-541 of this code; and

   7. Material safety data sheets or safety data sheets that indicate the chemicals used in the operation of the car wash, where such material safety data sheets or safety data sheets are required by federal, state or local law, rule or regulation.

§ 24-530 Southeast Queens flood mitigation plan.

  1. By no later than one year after the effective date of the local law that added this section, the department of environmental protection shall submit to the mayor and speaker of the council, and make publicly available online, a plan for mitigating flooding in Queens community districts 12 and 13. Such plan shall include, but not be limited to, a timeline for implementation of the plan, annual performance milestones and a description of funds anticipated to be expended by or on behalf of the city in connection with such flood mitigation, including, but not limited to, funds committed in fiscal year 2016 for such purposes.
  2. By no later than six months after the end of each fiscal year, beginning with the first fiscal year that commences more than one year after the effective date of the local law that added this section, the department of environmental protection shall submit to the mayor and the speaker of the council a report on progress in implementing the plan required by subdivision a of this section during the prior fiscal year. Each such report shall include, but not be limited to, a description of any changes to such plan, a description of any changes in funds committed by or on behalf of the city in furtherance of such plan and a description of all funds expended by or on behalf of the city in furtherance of such plan.
  3. This section expires 15 years after the effective date of the local law that added this section.

Chapter 5-A: Water Pollution Control

Subchapter 1: General

§ 24-540 Policy.

Land development and associated increases in site impervious cover increase stormwater runoff causing flooding, soil erosion, and sediment transport and deposition in waterways. A high percentage of impervious area correlates with a higher rate of stormwater runoff, which generates greater pollutant loadings to the city’s separate stormwater and combined sewer systems. Pollutants found in urban runoff include, but are not limited to, nitrogen, phosphorus, silt and sediment, pathogens, floatables, petroleum hydrocarbons, heavy metals, and polycyclic aromatic hydrocarbons (PAHs).

Clearing and grading during construction may increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitats. Improperly designed and constructed stormwater management practices increase the velocity of stormwater runoff thereby increasing erosion and sedimentation. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities. Regulation of land development activities by means of performance standards governing long-term stormwater management and site design produces development compatible with the natural functions of a particular site and thereby mitigates the adverse effects of erosion and sedimentation from development.

Material handling and storage, equipment maintenance and cleaning, and other activities at industrial facilities are often exposed to stormwater, which can pick up pollutants and transport them to surface waters directly or via a storm sewer. Appropriate stormwater management at industrial facilities can reduce these impacts.

This chapter establishes stormwater management controls meeting the requirements of state and federal law in areas of the city where stormwater does not pass through wastewater treatment plants before it enters the waters of the state. In these areas water borne pollutants in stormwater runoff are more likely to enter and have an adverse impact on the waters of the state.

The purpose and intent of this chapter is to (i) reduce pollutants discharged in stormwater runoff from construction activities in such areas to the maximum extent practicable through appropriate erosion and sediment controls; (ii) minimize, to the maximum extent practicable, increases in stormwater runoff volume and velocity, and pollutant loading in stormwater runoff, from development sites in such areas; (iii) ensure the proper maintenance of post-construction stormwater management practices; and (iv) ensure compliance by certain industrial facilities in such areas with applicable requirements to manage stormwater runoff in order to reduce pollutants in stormwater from industrial activities to the maximum extent practicable.

§ 24-541 Definitions.

As used in this chapter, the following terms have the following meanings:

Authorized inspection agent. The term “authorized inspection agent” means an individual who has been authorized pursuant to a contract entered into by the department to conduct inspections on behalf of the department.

Commissioner. The term “commissioner” means the commissioner of environmental protection or the authorized representative of such commissioner.

Covered development project. The term “covered development project” means development activity that involves or results in an amount of soil disturbance within the MS4 area greater than or equal to one acre or as established pursuant to rules of the department in accordance with subdivision d of section 24-553. Such term includes development activity that is part of a larger common plan of development or sale involving or resulting in soil disturbance within the MS4 area greater than or equal to one acre or as established pursuant to rules of the department in accordance with subdivision d of section 24-553. Such term shall include all development activity within the MS4 area that requires a stormwater pollution prevention plan pursuant to the NYSDEC construction general permit.

Department. The term “department” means the department of environmental protection.

Detention system. The term “detention system” means a system that slows and temporarily holds storm water runoff so that it can be released at a controlled rate.

Developer. The term “developer” means a person that owns or leases land on which development activity that is part of a covered development project is occurring, and/or a person that has operational control over the development activity’s construction plans and specifications, including the ability to make modifications to the construction plans and specifications.

Development activity. The term “development activity” means soil disturbance on a site including but not limited to land contour work, clearing, grading, excavation, demolition, construction, reconstruction, new development, redevelopment, creation or replacement of impervious surface, stockpiling activities or placement of fill. Clearing activities include but are not limited to the cutting and skidding of trees, stump removal and/or brush root removal. Such term does not include routine maintenance (such as road resurfacing) that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.

Erosion and sediment controls. The term “erosion and sediment controls” means stormwater management practices designed to minimize the discharge of pollutants during development activities including, but not limited to, structural erosion and sediment control practices, construction sequencing to minimize exposed soils, soil stabilization, dewatering control measures, and other pollution prevention and good housekeeping practices appropriate for construction sites.

Impaired water. The term “impaired water” includes (i) a water body for which NYSDEC has established a total maximum daily load (“TMDL”), (ii) a water body for which NYSDEC expects that existing controls such as permits will resolve the impairment, and (iii) a water body identified by NYSDEC as needing a TMDL. A list of impaired waters is issued by NYSDEC pursuant to section 303(d) of the federal water pollution control act, chapter 26 of title 33 of the United States code.

Industrial stormwater source. The term “industrial stormwater source” means any premises or facility that is subject to the MSGP.

Larger common plan of development or sale. The term “larger common plan of development or sale” means a contiguous area where multiple separate and distinct development activities are occurring, or will occur, under one plan. The term “plan” in “larger common plan of development or sale” is broadly defined as any announcement or piece of documentation including a sign, public notice of hearing, sales pitch, advertisement, drawing, permit application, uniform land use review procedure (ULURP) application, state environmental quality review act (SEQRA) or city environmental quality review (CEQR) application, application for a special permit, authorization, variance or certification pursuant to the zoning resolution, subdivision application, computer design, or physical demarcation (including boundary signs, lot stakes, and surveyor markings) indicating that development activities may occur on a specific plot. Such term does not include area-wide rezonings or projects discussed in general planning documents. For discrete development activities that are located within a larger common plan of development or sale that are at least 1/4 mile apart, each activity may be treated as a separate plan of development or sale provided that any interconnecting road, pipeline or utility project that is part of the same “common plan” is not concurrently being disturbed.

Multi sector general permit or “MSGP.” The term “multi sector general permit” or “MSGP” means the New York state department of environmental conservation SPDES multi sector general permit for stormwater discharges associated with industrial activity, Permit No. GP-0-12-001 or its successor.

MS4 SWPPP acceptance form. The term “MS4 SWPPP acceptance form” means the form developed by NYSDEC to be used to indicate acceptance of a SWPPP by a municipality.

MS4 area. The term “MS4 area” means those portions of the city of New York served by separate storm sewers and separate stormwater outfalls owned or operated by the city of New York and areas in which municipal operations and facilities drain by overland flow to waters of the state, as determined by the department and described on maps of the MS4 area set forth in the rules of the department.

Municipal operations and facilities. The term “municipal operations and facilities” means any operation or facility serving a New York city governmental purpose and over which the city of New York has operational control.

New development. The term “new development” means any construction or disturbance of a parcel of land that is currently undisturbed or unaltered by human activities and in a natural state.

Notice of intent or NOI. The term “notice of intent” or “NOI” means the document submitted to NYSDEC to obtain coverage under the NYSDEC construction general permit.

Notice of termination or NOT. The term “notice of termination” or “NOT” means the document submitted to NYSDEC to terminate coverage under the NYSDEC construction general permit.

NYC MS4 Permit. The term “NYC MS4 permit” means the state pollutant discharge elimination system (SPDES) permit for municipal separate storm sewer systems of New York city, SPDES No. NY-0287890 or its successor.

NYSDEC. The term “NYSDEC” means the New York state department of environmental conservation.

NYSDEC construction general permit. The term “NYSDEC construction general permit” means the state pollutant discharge elimination system (SPDES) general permit for stormwater discharges from construction activities, Permit No. GP-0-15-002 or its successor.

NYSDEC MS4 general permit. The term “NYSDEC MS4 general permit” means the state pollutant discharge elimination system (SPDES) general permit for stormwater discharges from municipal separate storm sewer systems (MS4s), Permit No. GP-0-15-003 or its successor.

Owner. The term “owner” means a person having legal title to premises, a mortgagee or vendee in possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership or control of premises.

Person. The term “person” means an individual, corporation, partnership, limited liability company or other legal entity.

Pollutant. The term “pollutant” means dredged soil, filter backwash, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, and agricultural waste discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards or guidance values adopted as provided in subdivision a of section 750-1.2 of title 6 of the New York codes, rules and regulations.

Pollutants of concern. The term “pollutants of concern” means pollutants that might reasonably be expected to be present in stormwater in quantities that may cause or contribute to an exceedance of water quality standards. These pollutants include but are not limited to nitrogen, phosphorus, silt and sediment, pathogens, floatables, petroleum hydrocarbons, heavy metals, and polycyclic aromatic hydrocarbons (PAHs).

Post-construction stormwater management facility or post-construction facility. The term “post-construction stormwater management facility” or “post-construction facility” means a stormwater management practice serving a developed site and consisting of technology or strategies designed to reduce pollutants in stormwater runoff or reduce runoff rate or volume from the developed site through infiltration, retention, detention, or other method or treatment. Such term includes, but is not limited to, detention systems and retention systems.

Premises. The term “premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

Qualified inspector. The term “qualified inspector” means a person who is knowledgeable in the principles and practices of erosion and sediment control.

Qualified professional. The term “qualified professional” means a person who is knowledgeable in the principles and practices of stormwater management and treatment.

Redevelopment. The term “redevelopment” means reconstruction of or modification to any existing previously developed land such as residential, commercial, industrial, institutional or road/highway, which involves soil disturbance. Redevelopment is distinguished from new development in that new development refers to construction on land where there had not been previous construction. Redevelopment specifically applies to constructed areas with impervious surface or urban fill.

Retention system. The term “retention system” means a system that captures storm water runoff on site with no release.

Separate stormwater outfall. The term “separate stormwater outfall” means a point where stormwater from a storm sewer or other source of concentrated stormwater flow, owned or operated by the city of New York, is discharged into a water of the state or to a separate storm sewer system that requires coverage under the NYSDEC MS4 general permit.

Storm sewer. The term “storm sewer” means a sewer, the primary purpose of which is to carry stormwater.

Stormwater or stormwater runoff. The term “stormwater” or “stormwater runoff” means runoff that is generated when precipitation from rain events or snowmelt flows overland and does not percolate into the ground.

Stormwater construction permit. The term “stormwater construction permit” means a permit issued by the department authorizing development activity on land on which there is a covered development project in accordance with an approved stormwater pollution prevention plan (SWPPP).

Stormwater maintenance permit. The term “stormwater maintenance permit” means a permit issued by the department where maintenance of post-construction stormwater management facilities by owners of real property is required.

Stormwater management practices or SMPs. The term “stormwater management practices” or “SMPs” means measures to prevent flood damage and/or to prevent or reduce point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Such term includes erosion and sediment controls, post-construction stormwater management facilities, and practices to manage stormwater runoff from industrial activities.

Stormwater pollution prevention plan or SWPPP. The term “stormwater pollution prevention plan” or “SWPPP” means (i) when used in connection with a covered development project, a plan for controlling stormwater runoff and pollutants during construction and, where required by department rules, after construction is completed, or (ii) when used in connection with an industrial stormwater source, a plan, which is required by the MSGP, for controlling stormwater runoff and pollutants.

Waters of the state. The term “waters of the state” means lakes, bays, sounds, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

§ 24-542 Entry and inspection.

An authorized representative of the department may enter on any property, consistent with applicable law and in accordance with rules of the department related to such entry and inspection, to inspect for compliance with this chapter and rules of the department promulgated hereunder.

Subchapter 2: Construction and Post-Construction Stormwater Controls

§ 24-550 General.

This subchapter governs certain land development activities within the MS4 area.

§ 24-551 Stormwater construction permit required.

It shall be unlawful to commence or engage in any development activity on the site of a covered development project unless and until a stormwater construction permit has been issued by the department.

§ 24-552 Review of stormwater pollution prevention plan or SWPPP.

Before the commencement of development activity on the site of a covered development project the developer must submit to the department for review in accordance with rules of the department a stormwater pollution prevention plan, certified by a qualified professional, and for projects covered by the NYSDEC construction general permit a copy of the NOI. The department or a qualified professional designated by the department shall review the SWPPP within time periods to be specified in the rules of the department. If the department accepts the SWPPP the department shall issue a stormwater construction permit to the developer and, for projects subject to the NYSDEC construction general permit, shall issue an MS4 SWPPP acceptance form for filing with NYSDEC. If the department rejects the SWPPP the department shall send notice of such rejection to the developer indicating the specific deficiencies that caused the department to reject the SWPPP. The department may require that the SWPPP or other documents be submitted electronically.

§ 24-553 Rules.

The department shall promulgate rules to carry out the provisions of this subchapter in accordance with the NYC MS4 permit and the NYSDEC construction general permit, including but not limited to rules that:

  1. Set forth the content of SWPPPs, consistent with the NYSDEC construction general permit, including identifying those development projects requiring only erosion and sediment controls during construction and those development projects requiring erosion and sediment controls and post-construction stormwater management facilities.
  2. Establish design standards for erosion and sediment controls and post-construction stormwater management facilities which shall not be less stringent than the standards set forth or incorporated by reference in the NYSDEC construction general permit.
  3. Establish exemptions from permit requirements, consistent with the NYC MS4 permit and the NYSDEC construction general permit.
  4. After completion of the lot size soil disturbance study required by the NYC MS4 permit, provide for the regulation of development activity of less than one acre, based either on total disturbance of soil or on amount of impervious surface created or replaced, where an appropriate reduction in the threshold is necessary in accordance with the NYC MS4 permit.
  5. Establish procedures and fees for the review of SWPPPs and the issuance and renewal of permits required by this subchapter.
  6. Establish training, experience and/or education requirements for qualified professionals and qualified inspectors, which shall not be less stringent than those required by the NYSDEC construction general permit.
  7. Establish record keeping, inspection and reporting requirements for applicants and permittees to monitor compliance with this subchapter and approved SWPPPs.
  8. Establish requirements for compliance certifications by contractors to be included with SWPPPs.
  9. Establish standards for the maintenance, inspection, repair and replacement of required erosion and sediment controls and post-construction stormwater management facilities.

§ 24-554 SWPPP to be retained on site.

A copy of the SWPPP shall be retained at the site of the project from the date of initiation of development activities to the date notice of termination is submitted to NYSDEC and shall be made available to officers and employees of the department and/or qualified inspectors authorized by the department in accordance with the rules of the department.

§ 24-555 Recordkeeping.

A developer shall keep and maintain records of all inspections and tests required to be performed pursuant to this subchapter and rules of the department, as follows: records of inspections and tests performed during construction must be maintained throughout construction and for 5 years after completion of construction; and records of post-construction inspections and tests must be maintained for 5 years after performance of such inspections or tests. Such records and tests shall be made available to the department in accordance with the rules of the department. The department may require such records to be maintained and provided to the department electronically.

§ 24-556 Compliance with terms and conditions of SWPPP required.

Every stormwater construction permit issued by the department shall include the condition that the applicant and all contractors and subcontractors performing work at the site will comply with this subchapter, rules of the department and the terms and conditions of the SWPPP. Any changes in the SWPPP are subject to the prior approval of the department in accordance with rules of the department.

§ 24-557 Suspension or revocation of permit.

The department may suspend or revoke a stormwater construction permit, after notice and the opportunity for a hearing in accordance with the rules of the department, when the department or NYSDEC finds that there is substantial non-compliance with this subchapter, the rules of the department, the NYSDEC construction general permit or the SWPPP, including any major change to erosion or sediment controls or any change in a post-construction stormwater management facility during construction that has or could have an effect on the discharge of pollutants, or when a permit was issued in error and conditions are such that a permit should not have been issued. When a permit is revoked or suspended all development activity at the project site shall cease and shall not be resumed until the issuance of a new permit or until such suspension is terminated except that the department may allow performance of work that is necessary to ensure public safety or to stabilize the construction site.

§ 24-558 Stop work order.

  1. Whenever the department finds that any development activity is being executed in violation of this subchapter, the SWPPP or rules of the department to the extent that work being performed at the site has or could have an effect on the discharge of pollutants or stormwater runoff volume or velocity, the department may issue a stop work order with respect to such work.
  2. Such order shall be posted at the site and served personally on or mailed to the owner or developer or to the person executing the work at the site or the agent of any of them. When there is an immediate danger of a release of pollutants a verbal order to stop work may be given followed promptly by a written order in accordance with this subdivision.
  3. Upon issuance of a stop work order, work specified in the order shall immediately cease, except work authorized or required by the commissioner to ensure public safety or to stabilize the construction site.
  4. No person shall with knowledge or notice of a stop work order allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except work authorized or required by the commissioner to ensure public safety or to stabilize the construction site.
  5. Upon application in accordance with the rules of the department, the commissioner shall rescind the stop work order where the commissioner finds (i) that the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted or, (ii) that the stop work order was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order.
  6. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed unless and until such stop work order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the commissioner.

§ 24-559 Post-construction stormwater management facilities.

Where post-construction stormwater management facilities are required by the department, the department shall not accept the SWPPP or issue a stormwater construction permit for the project until the execution and recording of a maintenance easement, which shall be binding on all subsequent owners of the real property served by such post-construction stormwater management facility, except where the corporation counsel has determined that such a maintenance easement is not necessary due to the property’s ownership or use by a public agency or instrumentality. For post-construction stormwater management facilities subject to such an exception, when there is a subsequent conveyance or cessation of public use, the corporation counsel may require the execution and recording of a maintenance easement at that time. The easement shall provide for access to post-construction stormwater management facilities at reasonable times in accordance with law for periodic inspection by the department or qualified professionals authorized by the department to ensure that such facilities are maintained in good working condition to meet the applicable design standards. The easement shall be recorded by the grantor in the office of the city register or, if applicable, the county clerk after approval by the corporation counsel.

§ 24-560 Stormwater maintenance permit.

It is the duty of all owners of real property, jointly and severally, served by a post-construction stormwater management facility required by a SWPPP accepted by the department pursuant to this subchapter to provide for the inspection and maintenance of such facility in accordance with this section and the rules of the department. The department shall maintain a record of all such post-construction stormwater management facilities and the property served by each such facility. As soon as practicable after final stabilization of a site, the owner of property served by a post-construction stormwater management facility shall submit to the department a copy of the notice of termination and an application for a stormwater maintenance permit for such facility. Such owner shall provide for the renewal of such permit every 5 years in accordance with the rules of the department. The department shall issue or renew such permit upon receipt of a satisfactory inspection report certified by a qualified professional retained by the owner indicating that the facility has been installed and/or is operated and maintained in good working condition to meet applicable design standards and the rules of the department. A facility shall be maintained in good working condition throughout its useful life and replaced in accordance with the rules of the department.

Subchapter 3: Industrial Stormwater Sources

§ 24-570 Applicability.

This subchapter applies only to portions of the city within the MS4 area.

§ 24-571 Authority to enter and inspect.

  1. The department shall have the authority to enter and inspect any premises or facility, including, but not limited to, its equipment, practices, operations and records, consistent with applicable law and in accordance with rules of the department related to such entry and inspection. Such entry and inspection shall be conducted during normal operating hours for purposes of determining whether such premises or facility generates significant contributions of pollutants of concern to an impaired water.
  2. The department shall have the authority to enter and inspect industrial stormwater sources including, but not limited to, their equipment, practices, operations and records, consistent with applicable law and in accordance with rules of the department related to such entry and inspection, and shall, at a minimum, conduct inspections of such sources in accordance with the schedule and requirements for such inspections set forth in the NYC MS4 Permit. Such entry and inspection shall be conducted during normal operating hours for purposes of determining compliance with this subchapter and any rule promulgated pursuant thereto. The department may enter and inspect such premises and facilities for purposes including, but not limited to, the following:

   (1) To conduct a visual observation for evidence of unauthorized discharges, illicit connections, and potential discharges of pollutants to stormwater;

   (2) To evaluate the facility’s compliance with applicable MSGP requirements; and

   (3) To evaluate the facility’s compliance with any other relevant local stormwater requirements.

§ 24-572 Compliance with the MSGP.

All industrial stormwater sources must comply with all applicable conditions of the MSGP.

§ 24-573 Recordkeeping.

  1. Industrial stormwater sources shall, upon the department’s request or pursuant to the rules of the department, submit to the department any information or records necessary to determine compliance with the MSGP and this subchapter and any rule promulgated pursuant thereto. Such records may include, but need not be limited to, stormwater pollution prevention plans and reports of monitoring activities and results required pursuant to the MSGP.
  2. The department may require such records to be maintained and provided to the department electronically.

Subchapter 4: Enforcement

§ 24-580 General.

Notwithstanding any other provision of law, the commissioner, and the environmental control board within the office of administrative trials and hearings, shall enforce the provisions of this chapter and the rules promulgated pursuant thereto.

§ 24-581 Orders.

The commissioner, and the environmental control board within the office of administrative trials and hearings, shall have the power to issue such orders as may be provided for in this chapter and the rules promulgated pursuant thereto and such additional orders as may be necessary for the enforcement of such provisions. Such orders may include, but are not limited to, orders requiring (i) inspection by a qualified inspector or qualified professional, (ii) maintenance, repair or replacement of post-construction stormwater management facilities, (iii) compliance with the MSGP through actions including, but not limited to, monitoring, analysis, and reporting or (iv) the installation, implementation and maintenance of SMPs. The department shall promulgate rules governing the appeal of such orders where they are issued by department employees or authorized inspection agents.

§ 24-582 Commissioner’s cease and desist orders.

  1. Whenever the commissioner has reasonable cause to believe that (i) a condition exists in violation of any of the provisions of sections 24-559, 24-560 or 24-572 or in violation of any order or rule issued by the board or commissioner pursuant to such provisions or to section 24-581 in furtherance of such provisions and (ii) that such condition creates or may create an imminent danger to the sewer system or to the public health or to the life or safety of persons, the commissioner may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation in which the condition is located to take such action as may be necessary to halt or prevent such condition.
  2. If service of the order cannot be made personally because such person cannot be located at such time then service may be made by delivering a copy to a person of suitable age and discretion at the residence or place of business of the person sought to be served. If service cannot be made personally or by such delivery to a person of suitable age and discretion because of inability to locate or to obtain the name or address of such person at such time, service may be made by conspicuously posting a copy of such order upon the property to which it relates and mailing the order to the most recent residential or business address of record of the person sought to be served. The posting and mailing of such order shall be sufficient notice of such order to all persons having a duty in relation thereto under the provisions of this subdivision.
  3. If the order is not complied with or so far complied with as such commissioner may regard as reasonable, within the time specified therein, such commissioner may act to halt or prevent such condition by:

   i. sealing, blocking or otherwise inactivating any equipment, facility, or device;

   ii. sealing, blocking or otherwise inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or

   iii. any other means or method that is reasonable under the circumstances. For such purpose, in accordance with applicable law, the commissioner may enter on any public or private property.

  1. Any person affected by such an order may make written application to the environmental control board within the office of administrative trials and hearings for a hearing. Such hearing shall be provided, pursuant to the rules of such board within such office, and shall be held within two business days after the receipt of such application. The board may suspend, modify or terminate such order.

§ 24-583 Environmental control board cease and desist orders.

  1. In the case of any continued or knowing violation of the provisions of section 24-559, 24-560 or 24-572 or any order or rule issued by the environmental control board within the office of administrative trials and hearings or the commissioner pursuant to such provisions or section 24-581 in furtherance of such provisions or where the board finds that the violation of any of such provisions or conditions presents or may present a danger to the environment or threatens to interfere with the operation of the sewer system, the board, after notice and the opportunity for a hearing in accordance with the rules of such board within such office, may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation to cease and desist from any activity or process which causes or is conducted so as to cause such violation within the time specified in such order.
  2. Such order may provide that if the order is not complied with or so far complied with as the commissioner may regard as reasonable within the time specified therein, the commissioner may take such action as shall be specified therein including but not limited to:

   i. sealing, blocking or inactivating any equipment, facility or device;

   ii. sealing, blocking or inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or

   iii. any other means or method that is reasonable under the circumstances. For such purpose, in accordance with applicable law, the commissioner may enter on any public or private property.

§ 24-584 Action by corporation counsel.

If the respondent fails to comply with any order issued by the environmental control board within the office of administrative trials and hearings, or the commissioner or the board or the commissioner otherwise deems it necessary, the corporation counsel, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order issued by the board or commissioner.

§ 24-585 Civil penalties.

Any person who violates or fails to comply with any of the provisions of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or the commissioner pursuant thereto shall be liable for a civil penalty not exceeding ten thousand dollars for each violation. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense. The office of administrative trials and hearings, pursuant to section 1049-a of the charter, shall have the power to impose such civil penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation returnable to such office. Such office, after a hearing as provided in accordance with applicable law and rules, shall have the power to enforce its final decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision d of section 1049-a of the charter. A civil penalty imposed by such office may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The environmental control board within the office of administrative trials and hearings, in its discretion, may, within the limits set forth in this section, establish a schedule of civil penalties indicating the minimum and maximum penalty for each separate offense or may use a schedule adopted by the department.

§ 24-586 Criminal penalties.

In addition to the civil penalties set forth in section 24-585, any person who knowingly violates or fails to comply with any provision of this chapter or any order or rule issued by the commissioner, or the environmental control board within the office of administrative trials and hearings, pursuant thereto shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty nor more than ten thousand dollars, or by imprisonment not exceeding thirty days, or both for each offense. In the case of a continuing violation each day’s continuance shall be a separate and distinct offense. In addition to its application to any other person, the fine provided for in this paragraph shall be deemed a special fine for a corporation within the meaning of section 80.10 of the penal law of the state of New York.

§ 24-587 Liability to the city.

Any person who violates or fails to comply with any of the provisions of this chapter or any order or rule issued pursuant thereto shall be liable to the city for any expense, including but not limited to costs for response, remediation and emergency services or any other loss or damage suffered by the city by reason of such violation.

§ 24-588 Service.

Unless otherwise provided in this chapter, service of any notice or order required by this subchapter may be made either personally or by mail.

§ 24-589 Issuance.

Officers and employees of the department and of other city agencies designated by the commissioner shall have the power to issue summonses, appearance tickets, orders and notices of violation based upon violations of this chapter or rules of the department promulgated hereunder.

§ 24-590 Delegation to authorized inspection agents.

  1. The commissioner shall have the authority to delegate to authorized inspection agents the authority to:

   (1) Carry out inspections pursuant to this chapter or any rule promulgated pursuant thereto;

   (2) Issue orders pursuant to section 24-581, or issue orders pursuant to subdivision a of section 24-524 when deemed necessary and appropriate in the course of implementing duties delegated to such authorized inspection agent pursuant to this chapter;

   (3) Issue notices of violation for civil penalties pursuant to section 24-585, or notices of violation pursuant to subdivision f of section 24-524 when the basis for such notice of violation is observed in the course of implementing duties delegated to such authorized inspection agent pursuant to this chapter.

  1. Authorized inspection agents shall perform their duties in accordance with this chapter and rules of the department promulgated pursuant thereto, which rules shall set forth the categories of violations for which such notices may be issued by such agents, the categories of orders that may be issued by such agents and the circumstances in which such agents shall obtain department approval or refer matters to the department for further action. In addition, the department shall, through standards imposed by means of procurement or rulemaking, ensure that such agents are subject to appropriate eligibility criteria, training requirements and grounds for revoking inspection and enforcement authority.

Chapter 6: Hazardous Substance Emergencies

Subchapter 1: Short Title, Policy and Definitions

§ 24-601 Short title.

This chapter shall be known and may be cited as the “New York city hazardous substances emergency response law”.

§ 24-602 Declaration of policy.

It is hereby declared to be the public policy of the city to respond to emergencies caused by releases or threatened releases of hazardous substances into the environment so as to preserve, protect and improve the public health, safety and welfare, and to prevent injury to human, plant and animal life and property. It is the policy of the city that every person is entitled to an environment free of hazardous substances that are detrimental to life, health, and enjoyment of property. It is hereby declared that the release or threat of release of hazardous substances into the environment is a menace to the health, safety and welfare of the people of the city and may cause extensive damage to the environment and to property. This chapter shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the powers of the board of health or the department of health and mental hygiene to engage in any of their authorized activities.

§ 24-603 Definitions.

When used in this chapter:

  1. “disposal” means the placing of any hazardous substance into or on any land or water so that such hazardous substance or any constituent thereof may be released into the environment.
  2. “hazardous substance” means each listed hazardous substance or any other chemical substance which when released into the environment may present a substantial danger to the public health or welfare or the environment.
  3. “listed hazardous substance” means any substance listed in accordance with section 24-609.
  4. “person” means any individual, trust, firm, corporation, joint stock company, association, partnership, consortium, joint venture, commercial entity or governmental entity.
  5. “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, or the abandonment of a container or containers containing hazardous substance or substances.
  6. “response measures” include actions taken by a city agency or ordered to be taken by a city agency: (1) to prevent, minimize or mitigate the release of hazardous substances so that they do not migrate to, or in any other manner, cause or threaten to cause substantial danger to the public health or welfare or the environment, (2) to clean up or remove released hazardous substances from the environment, and (3) which are necessary and appropriate to protect the public health or welfare or the environment from an immediate and substantial danger caused by a release or a substantial threat of a release of a hazardous substance into the environment, including but not limited to security measures to protect the public.
  7. “responsible person” means

   (1) any owner, operator, lessee, occupant or tenant, other than a residential lessee, occupant or tenant, of property at the time there is a release, or a substantial threat of a release, of a hazardous substance from such property into the environment or at the time of any response measures implemented in connection with any emergency involving such release or threat of release, provided that if such property is comprised of an owner-occupied residential building consisting of six or fewer dwelling units used exclusively for residential purposes, an owner of such property shall be deemed to be a “responsible person” for purposes of this paragraph, only if the willful, knowing, reckless or negligent acts or omissions of such owner caused or substantially contributed to such release or threat of release, and further provided that a federal or state chartered and regulated financial institution which has received title to the property through abandonment, foreclosure, a deed in lieu of foreclosure, or through a judicial or bankruptcy order shall not be deemed to be a “responsible person” for purposes of this paragraph, unless (i) willful, knowing, reckless or negligent acts or omissions of such person caused or substantially contributed to such release or threat of release, or (ii) the title was received in order to secure the underlying credit extension which had been entered into for the purpose of assisting the responsible person in avoidance of the provisions of this chapter, or

   (2) any person whose acts or omissions caused or substantially contributed to a release, or a substantial threat of a release, of a hazardous substance into the environment, provided that where there is a release, or a substantial threat of a release, of a hazardous substance into the environment from property used for residential purposes, a person using such property as a residence and any invitee or licensee of such person who enters such property, other than an invitee or licensee engaged in a business involving the use or transport of any hazardous substance, shall be deemed to be a “responsible person” for purposes of this paragraph, only if the willful, knowing, reckless or negligent acts or omissions of such person or invitee caused or substantially contributed to such release or threat of release, or

   (3) any owner, operator, lessee, occupant or tenant of the property at the time of disposal of any hazardous substance thereon, who had caused, authorized or permitted such hazardous substance to be so disposed, where there is a release, or a substantial threat of a release, of such hazardous substance into the environment, or

   (4) any person who, pursuant to contractual arrangement, accepts or has accepted any hazardous substance for transport, transports such hazardous substance and there is a release, or a substantial threat of a release, of such hazardous substance into the environment, or

   (5) any person who by contract, agreement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of a hazardous substance owned or possessed by such person, and there is a release, or a substantial threat of a release, of such hazardous substance into the environment; provided, however, that no person, who is an entity independent from an otherwise responsible person, authorized by the commissioner of environmental protection to implement response measures at the site of a release, or a threat of a release, of a hazardous substance into the environment, shall be deemed to be a “responsible person” solely on the basis of any authorized response measures attempted or implemented by such person at such site, unless such person’s willful, knowing, reckless or negligent acts or omissions caused or substantially contributed to a release, or a substantial threat of a release, of a hazardous substance into the environment.

  1. “treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous substance so as to neutralize such substance or so as to render such substance nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance so as to render it non-hazardous.

Subchapter 2: Cost Recovery

§ 24-604 Recovery of emergency response costs.

  1. Each responsible person shall be jointly and severally liable without regard to fault, except as otherwise provided in this chapter, for the total cost incurred by the city for response measures implemented in connection with any emergency involving a release or substantial threat of a release of a hazardous substance into the environment.
  2. In any action brought by the city to recover its cost for response measures implemented in connection with any emergency involving a release or substantial threat of a release of a hazardous substance into the environment, it shall be an affirmative defense that the release or threat of release of a hazardous substance into the environment was caused solely by,

   (1) an act of God;

   (2) an act of war;

   (3) an act or omission of a third party, other than an employee or agent of the defendant or a party whose act or omission occurs in connection with a direct or indirect contractual relationship with the defendant, if the defendant establishes by a preponderance of the evidence that (A) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (B) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or

   (4) any combination of paragraphs one, two or three.

  1. Nothing in this chapter shall be construed to impair any remedy that a responsible person, or a guarantor of a responsible person, has or would have, by reason of indemnification, contribution, subrogation or any other lawful basis against any person, including any action to recover costs incurred for response measures.
  2. Recovery by the city for response measures resulting from a release expressly authorized or permitted by applicable federal, state or local law shall be pursuant to existing law in lieu of this section. Nothing in this subdivision shall be construed to affect or modify in any way the obligations or liability of any person under any other applicable federal, state or local law, including common law, for damages, injury, or loss resulting from, or for response measures implemented in connection with, any emergency involving a release or a substantial threat of a release of a hazardous substance into the environment.

§ 24-605 Lien for emergency response costs.

  1. All costs incurred by the city, including but not limited to the costs of the departments of environmental protection, health and sanitation, and the police and fire departments, for response measures implemented pursuant to this chapter or any other applicable provision of law shall be a debt recoverable from each responsible person and a lien upon the real property of or at which an owner, operator, lessee, occupant or tenant is a responsible person and at which such response measures were implemented.
  2. The mayor shall designate the agency or agencies which shall receive for filing the certificate of expenses prepared in accordance with section 24-606 and shall keep a record of all such costs incurred. Such records shall be accessible to the public during business hours. Within thirty days after the issuance of a purchase or work order for any response measure such order shall be entered on the records of the designated agency or agencies. All such records shall constitute notice to all parties.
  3. Any lien imposed by this section shall arise at the later of the following:

   (1) the time that the amount of any costs incurred by the city for response measures shall have been definitely computed as a statement of account and an agency designated pursuant to subdivision b of this section has caused to be filed in the office of the city collector: (i) an entry of the account stated in the book in which such charges against the property are to be entered, and (ii) copies of any notices of potential liability for such costs and statements reciting the dates such notices were mailed, received pursuant to section 24-606; and

   (2) the third day after a responsible person, who is an owner of real property at which the response measures were implemented and whose liability for any costs incurred by the city for such response measures authorizes the imposition of a lien in accordance with subdivision a of this section, is sent by both certified or registered mail and first class mail notice of such person’s potential liability for such costs. Such notice may be provided prior to the mailing of the notice pursuant to subdivision d of this section, but any notice provided pursuant to subparagraph (ii) of paragraph two of subdivision a of section 24-610 shall not be deemed to be notice of such person’s potential liability, unless such person’s potential liabililty is specifically referred to in such notice.

  1. A notice stating the amount due and the nature of the costs shall be sent by both certified or registered mail and first class mail by the city collector within five days after such entry pursuant to paragraph one of subdivision c of this section to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to the property, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. Such notice shall constitute notice of the potential liability of such owner for such costs for purposes of paragraph two of subdivision c of this section, where no prior notice of potential liability for such costs has been sent.
  2. The city collector shall maintain copies of any notices of potential liability for the costs of response measures, together with statements indicating the dates such notices were mailed, filed by any agency designated pursuant to subdivision b of this section, and copies of any notices sent pursuant to subdivision d of this section, together with statements reciting the dates such notices were mailed.
  3. If such costs are not paid within thirty days from the date that notice is sent pursuant to subdivision d of this section, it shall be the duty of the city collector to receive interest thereon at the rate of interest applicable to such property for a delinquent tax on real property to be calculated to the date of payment from the date of entry.
  4. Such costs and the interest thereon shall continue to be, until paid, a lien on the property. Such lien may be satisfied in accordance with the provisions of section thirteen hundred fifty-four of the real property actions and proceedings law.
  5. Any lien imposed by this section shall be subject to the rights of any mortgagee or lienor whose interest is perfected before notice of the lien has been filed in the office of the city collector, as provided in subdivision c of this section. Any such mortgagee or lienor shall be afforded the same protections against such lien as afforded under law against a judgment lien which arises out of an unsecured obligation and which arises as of the time of the filing of the notice of the lien imposed by this section.
    1. In any proceedings to enforce or discharge the lien, the validity of the lien shall not be subject to challenge based on (i) the lawfulness of the response measure implemented; or (ii) the propriety and accuracy of the items of expenses for which a lien is claimed, except as provided in this subdivision.

   (2) No such challenge may be made except by the owner of the property.

   (3) An issue specified in paragraph one which was decided or could have been contested in a prior court proceeding or action shall not be open to re-examination.

   (4) With respect to any issue specified in paragraph one of this subdivision the certificate filed pursuant to section 24-606 shall be presumptive evidence of the facts stated therein.

  1. In addition to establishing a lien, the city may recover such costs and interest thereon by bringing an action against the responsible person. The institution of such action shall not suspend or bar the right to pursue any other lawful remedy for the recovery of such costs.

§ 24-606 Certificate of expenses.

Upon the completion of any response measure giving rise to a lien, the city agency implementing such response measure shall file with the agency or agencies designated by the mayor pursuant to section 24-605 a certificate setting forth the work done and the expenses incurred and certifying that such expenses were necessary and proper in the exercise of its lawful powers and, where applicable, apportioning such expenses among lots or buildings belonging to different persons. The city agency implementing such response measure shall also file a copy of any notices of potential liability for such expenses it has mailed for purposes of paragraph two of subdivision c of section 24-605 and a statement reciting the date of any such mailing.

Subchapter 3: Hazardous Substance Release; Emergency Response

§ 24-607 Definitions.

When used in this subchapter:

  1. “commissioner” means the commissioner of environmental protection.
  2. “department” means the department of environmental pro- tection.

§ 24-608 Emergency response.

  1. When the commissioner has reason to believe that there has been a release or there exists a substantial threat of a release into the environment of a hazardous substance which may present an immediate and substantial danger to the public health or welfare or the environment, the commissioner may, in his or her discretion, order any or all responsible persons to implement any response measures, or to cooperate with and assist the commissioner in implementing any response measures, deemed by the commissioner to be necessary to protect the public health or welfare or the environment, or, if the commissioner, in the exercise of his or her discretion, concludes that seeking the implementation of any such response measures by a responsible person may be detrimental to public health or welfare or the environment due to the likelihood of delay or the ineffectiveness of such response measures, or for any other appropriate reason, the commissioner may implement such response measures. The commissioner shall, where appropriate, consult with the commissioner of health, the police commissioner and the fire commissioner concerning the need for and implementation of such response measures and orders. The commissioner may also order the production of documents relevant for determining the nature and extent of the release or threat of release.
  2. Nothing in this subchapter shall be construed to preclude the implementation of response measures by any other city agency, either prior or subsequent to any response measure implemented pursuant to subdivision a of this section.

§ 24-609 Hazardous substances list; release notification and response regulations.

  1. The commissioner shall by regulation establish within one year from enactment of this section, a list of hazardous substances. The commissioner shall consider whether any of the following substances shall be included on such list: (1) the extremely hazardous substances set forth in a list published pursuant to the emergency planning and community right-to-know act of 1986, (2) the hazardous wastes identified under or listed pursuant to the resource conservation and recovery act of 1976, as amended, (3) the hazardous substances referred to in or designated pursuant to the comprehensive environmental response, compensation, and liability act of 1980, as amended, (4) the elements, compounds and mixtures determined to be hazardous chemicals in accordance with standards for toxic and hazardous substances promulgated pursuant to the occupational safety and health act of 1970, as amended, and (5) the hazardous materials designated pursuant to the hazardous materials transportation act, as amended.
  2. The commissioner may promulgate regulations requiring any responsible person who knows or has reason to know of any release of a listed hazardous substance to immediately notify the commissioner. Such regulations shall establish the minimum quantity of any listed hazardous substance the release of which shall be reported to the commissioner and shall set forth the form and manner of any notification required. A knowing failure to comply with such notification requirement shall be punishable by a fine of not more than twenty-five thousand dollars, to be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.

§ 24-610 Orders to responsible persons; civil and criminal penalties and imprisonment.

    1. An order of the commissioner issued pursuant to subdivision a of section 24-608 shall specify the work to be performed and shall fix a reasonable time for compliance from the date of service of such order. Such order shall contain a statement that upon failure of the responsible person to comply with the commissioner’s order within the stated time, the department may perform the work specified in the order or apply for a court order directing the responsible person to comply with the commissioner’s order.

   (2) (i) Service of such order shall be made upon the responsible person personally or by certified or registered mail addressed to the last known address of such person or in any manner provided for service of process by article three of the civil practice law and rules.

      (ii) In instances where the commissioner knows that the responsible person served pursuant to subparagraph (i) of this paragraph is not the owner of the property at which the response measures ordered are to be implemented, notice that such order has been served, and a copy of such order, shall be sent by both certified or registered mail and first class mail to the last known address of the person whose name appears on the records in the office of the city collector as being the owner or agent or as the person designated by the owner to receive tax bills or, where no name appears, to such property, addressed to either the owner or the agent. Such notice shall have stamped or printed thereon a reference to this section. Any failure to provide written notice as prescribed by this subparagraph shall not in any way affect the liability of any person for the cost incurred by the city for any response measures implemented in accordance with this chapter.

   (3) A copy of such order shall be filed with the office of the register in the county in which is situated the property with respect to which such order was issued.

   (4) After service of such order upon a responsible person, such person may request a hearing, except in circumstances of imminent peril in which the commissioner has determined that response measures are to be implemented without any delay. The commissioner shall promulgate rules and regulations setting forth the times within which and the procedures by which requests for hearings shall be made and hearings shall be held. At such hearing the responsible persons, shall be entitled to be represented by counsel and to present evidence. The commissioner may affirm, modify or revoke the order.

  1. In addition to any response measures implemented by the commissioner pursuant to section 24-608, if the responsible person fails to comply with the commissioner’s order within the time fixed for compliance pursuant to subdivision a of this section, the department may perform the work specified in the order, or may apply to any court of competent jurisdiction, upon such notice and in such manner as the court shall direct, for an order directing the responsible person to comply with the commissioner’s order.
  2. Any responsible person who without sufficient cause, willfully violates, or fails or refuses to comply with, any order of the commissioner issued pursuant to section 24-608 may be liable: (1) for a civil penalty of not more than ten thousand dollars for each day in which such violation occurs or such failure or refusal to comply continues; and (2) for an additional civil penalty in an amount at least equal to, and not more than three times, the amount of any costs incurred by the city as a result of such person’s willful violation, or failure or refusal to comply. Such penalties may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board.
  3. In addition to the penalties set forth in subdivision c of this section and subdivision b of section 24-609, any person who knowingly violates or fails to comply with any order, rule or regulation issued by the commissioner pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than twenty-five thousand dollars, or by imprisonment not to exceed one year, or both, for each violation.

§ 24-611 Regulations.

The commissioner shall have the power to promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter.

§ 24-612 Nonexclusivity of remedies.

Nothing in this chapter shall be construed to impair or diminish the power of the commissioner or any other agency to remove, repair, reconstruct, alter or abate a nuisance or to order any of the foregoing actions or to impose penalties on persons responsible for such nuisance or its removal, repair, reconstruction, alteration or abatement.

Chapter 7: Community Right-to-know Law

§ 24-701 Short title.

This chapter shall be known and may be cited as the “New York city community right-to-know law.”

§ 24-702 Definitions.

For the purpose of this chapter the following terms shall mean:

  1. “chemical name”: the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service (CAS) rules of nomenclature.
  2. “citywide facility inventory database”: a compendium of information filed by responsible parties with the department in accordance with this chapter regarding the location of hazardous substances.
  3. “commissioner”: the commissioner of the department of environmental protection.
  4. “department”: the department of environmental protection.
  5. “disposal”: the placing of any hazardous substance into any land or water so that such hazardous substances or any constituent thereof may be released into the environment.
  6. “emergency response agencies”: the departments of fire, police, environmental protection, health, transportation and sanitation, and the division of emergency medical services of the health and hospitals corporation.
  7. “emergency response personnel”: any member of the departments of fire, police, environmental protection, health, transportation and sanitation, the division of emergency services of health and hospitals corporation and any other government agency participating in response measures undertaken in connection with a fire, or a spill, or release or threatened release of a hazardous substance into the environment. For purposes of this chapter, the term “response measures” shall include actions taken by a city agency within the meaning of subdivision (f) of section 24-603.
  8. “extremely hazardous substance”: a substance on a list of extremely hazardous substances promulgated pursuant to 42 U.S.C. § 11002(a).
  9. “facility”: all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned, leased or operated by the same person, or by any person which controls, or is controlled by or under common control with, such person, including any building, structure, installation or area involved in the processing, storage, handling, treatment, placement, disposal or use of any hazardous substance.
  10. “facility inventory form”: a standard written form, developed by the department for completion by a responsible party at each privately or publicly owned facility in the city of New York.
  11. “hazardous substance”: any chemical which is a physical hazard or a health hazard and which is listed on the hazardous substance list or special health hazard list. For purposes of this chapter, the term “hazardous substance” shall not include the following: (1) any food, food additive, color additive, drug, or cosmetic regulated by the federal food and drug administration; (2) any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use; (3) any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public; (4) any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate consumer; (5) any hazardous waste as such term is defined by the solid waste disposal act, as amended by the resource conservation and recovery act of nineteen hundred seventy-six, as amended (42 U.S.C. § 6901, et seq.); (6) tobacco or tobacco products; (7) wood or wood products; (8) articles, which for purposes of this subdivision shall mean manufactured items which (i) are formed to a specific shape or design during manufacture; (ii) which have an end use function or functions dependent in whole or in part upon their shape or design during end use; and (iii) which do not release, or otherwise result in exposure to, a hazardous substance, under normal conditions of use; (9) food, drugs, cosmetics, or alcoholic beverages in a retail establishment which are packaged for sale to consumers; (10) foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace; (11) any consumer product or hazardous substance, as those terms are defined in the consumer product safety act (15 U.S.C. § 2051, et seq.) and federal hazardous substances act (15 U.S.C. § 1261, et seq.) respectively, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use, and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers; or (12) any drug, as that term is defined in the federal food, drug, and cosmetic act (21 U.S.C. § 301, et seq.), when it is in solid, final form for direct administration to a patient.
  12. “hazardous substance list”: a list of hazardous substances which the commissioner shall by regulation establish in accordance with section 24-703 of this chapter. The commissioner shall at the minimum include on the original list, those hazardous substances contained on the following existing list of dangerous substances: the New Jersey Right to Know, Hazardous Substance List developed pursuant to the Worker and Community Right to Know Act (New Jersey Administrative Code, stat. 34:5A-1, et seq.) as in effect in December of nineteen hundred eighty-seven.
  13. “health hazard”: a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed persons. The term “health hazard” includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
  14. “material safety data sheet” (MSDS): written or printed material concerning a hazardous substance which is identical in form and content to the data sheet described at 29 CFR part 1910.1200 and required under subdivision (a) of section three hundred eleven of the emergency planning and community right-to-know act of nineteen hundred eighty-six (42 U.S.C. § 11001, et seq.).
  15. “mixture”: a combination of two or more substances not involving a chemical reaction.
  16. “person”: any individual, trust, firm, partnership, corporation, joint stock company, association, joint venture or government entity.
  17. “physical hazard”: a chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
  18. “regulated toxic substance”: a substance on a list of regulated toxic substances promulgated pursuant to 42 U.S.C. § 7412(r).
  19. “responsible party”: an owner, operator, manager, or corporate officer of the person who owns, leases or operates a facility, provided that if such facility is leased, the responsible party shall be the lessee of the facility or his or her representative.
  20. “risk management plan”: a plan filed by a responsible party with the commissioner pursuant to section 24-718 of this chapter.
  21. “special health hazard list”: a list of hazardous substances that the commissioner may develop through regulation which would consist of substances that have been proven to be carcinogenic, mutagenic or teratogenic, as established by at least one study conducted in accordance with established scientific principles, and thereby pose a special hazard to health and safety.
  22. “treatment”: any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous substance so as to neutralize such substance or so as to render such substance nonhazardous, safe to transport, amendable to recovery, amendable to storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance so as to render it nonhazardous.

§ 24-703 Hazardous substance list.

The commissioner by regulation shall develop a list of hazardous substances, complying with the requirements of section 24-702(j) of this chapter, within six months from enactment of this section provided that if the commissioner determines that any substance on the required base list, as established by section 24-702(j) of this chapter, should not be placed on the final promulgated list, then the commissioner shall submit a written statement to the council indicating the reason why an amendment is necessary, at least sixty days before the date the list is to take effect. The council may within thirty days following receipt of the commissioner’s statement requesting an amendment either: (i) approve or disapprove such amendment or (ii) determine that an additional ten days is needed to study such amendment by the adoption of an appropriate resolution. Upon approval by the council, such amendment shall take effect immediately. If the council disapproves such amendment, the commissioner shall not be precluded from resubmitting such amendment to the council at a later date. If the council does not approve or disapprove such amendment within such thirty day period, such amendment shall take effect on the thirty-first day after submission to the council unless the council had determined by resolution that an additional ten days is needed to study such amendment, in which case, the amendment shall take effect on the forty-first day after such submission to the council unless the council has approved or disapproved such amendment prior to such forty-first day. Except for the substances contained on the special health hazard list developed pursuant to the requirements of section 24-704 of this chapter, any substance contained on the hazardous substance list shall be reported to the commissioner, if such hazardous substance has been present at a facility in an amount which exceeds five hundred pounds. For the reporting period ending on March first, nineteen hundred eighty-nine, any mixture present in a facility in an amount which exceeds five hundred pounds, shall be reported if it contains in a concentration of one percent or more any hazardous substance listed on the New Jersey Special Health Hazards List, a subcategory of the New Jersey Right-to-Know Hazardous Substance List (New Jersey Administrative Code, stat. 34:5A-1, et seq.) as in effect in December, nineteen hundred eighty-seven. For the reporting period ending March first, nineteen hundred ninety, any mixture present in a facility shall be reported in an amount which exceeds five hundred pounds if it contains in a concentration of one tenth of one percent or more of any such hazardous substance. For the reporting period ending on March first, nineteen hundred ninety-one, the commissioner shall by regulation establish a threshold reporting quantity for each hazardous substance and hazardous substances in mixture that are included on the New Jersey Special Health Hazards List shall be reported in the same concentration as required in the previous year. If the commissioner fails to set a specific threshold reporting quantity by March first, nineteen hundred ninety-one, then each of the hazardous substances without a specific threshold reporting quantity shall be reported to the commissioner if ten or more pounds are present at a facility.

§ 24-704 Special health hazard list.

(a) The commissioner may develop by regulation a special health hazard list to consist of substances otherwise included on the hazardous substances list but which, because of their proven carcinogenicity, mutagenicity, or teratogenicity, pose a special hazard to health and safety. For those substances contained on this list, any amount stored or existing at a facility shall be reported to the commissioner.
  1. The commissioner shall be authorized to include within the regulations specific requirements for the special health hazards list, in addition to those established in section 24-705 of this chapter, for the reporting, handling and labeling of these substances, as he or she deems necessary.

§ 24-705 Facility inventory form.

(a) The commissioner by regulation shall develop a facility inventory form within six months of enactment of this chapter. This form shall, at a minimum require the following information:

   (1) the name and business address of the owner and operator of the facility, and if the facility is owned or operated by a legal entity, the name and business address of an appropriate executive officer;

   (2) the name and address of the facility;

   (3) the telephone number of the facility and its owner or operator;

   (4) the names, titles, and daytime and nightime telephone numbers of at least two persons designated as emergency contacts for the facility;

   (5) the chemical name or the common name of each hazardous substance present at the facility as provided on the material safety data sheet and the CAS indentification* number for each hazardous substance;

   (6) an estimate, in ranges of the maximum amount and average daily amount, of the number of days located at the facility, and the specific location of each hazardous substance present at the facility at any time during the preceding calendar year, and, for each such specific location, the applicable special flood hazard area zone, as established by section G102.2 of appendix G of the New York city building code, if any, and the applicable New York city office of emergency management coastal storm and hurricane evacuation zone, if any;

   (7) a brief description of the manner of storage of each hazardous substance present at the facility, a certification that such storage is in compliance with department rules promulgated pursuant to this chapter and all other applicable federal, state, and local laws, rules, and regulations, and a description of how such storage takes into account potential flooding and other extreme weather events; and

   (8) an indication of whether the responsible party elects to withhold location information of a specific hazardous substance from disclosure to the public pursuant to subdivision (b) of this section.

  1. A person submitting information for a facility pursuant to this chapter may request the commissioner to withhold from disclosure to the public the location of any specific hazardous substance required to be reported on a facility inventory form.

§ 24-706 Facility inventory reporting.

(a) A responsible party of a facility shall file a completed facility inventory form for such facility with the department for each substance on the hazardous substance list or the special health hazard list present within a facility that has been present in the preceding calendar year in a quantity which exceeds the threshold reporting quantity established under section 24-703 of this chapter, on or before March first of each year, beginning in nineteen hundred eighty-nine. A responsible party of a facility shall also be required to file with the department a facility inventory update, on a form approved by the department through regulation, if a previously unreported hazardous substance is added at a facility or if an already reported quantity of a hazardous substance increases by twenty-five percent or more, within thirty days of the occurrence of such event.
  1. A responsible party of a facility shall also be required to file a completed material safety data sheet for each hazardous substance at the facility with the department and with the fire department on or before March first of each year, beginning in nineteen hundred eighty-nine.
  2. A responsible party shall make copies of all information filed with the department pursuant to this section available at the facility to emergency response personnel undertaking response measures at such facility.
  3. On or before December thirty-first, nineteen hundred ninety-three, the commissioner shall by rule establish a schedule of fees that shall be paid upon the filing of the facility inventory form required by this chapter. Such fees shall be based on the amount of hazardous substances present, the number of different hazardous substances present and the type of hazardous substances present, including the presence or absence of substances classified as extremely hazardous in rules and regulations promulgated by The United States environmental protection agency pursuant to 42 U.S.C. § 11001, et seq.

§ 24-707 Compilation of citywide facility inventory data.

(a) The commissioner, on or before July first, nineteen hundred eighty-eight, shall develop and publish in the City Record plans for a comprehensive notification program for all facilities as described in this chapter.
  1. The commissioner shall produce a citywide facility inventory database, on or before September first, nineteen hundred eighty-nine.
  2. The commissioner shall maintain and update, the citywide facility inventory database, and shall, on an annual basis produce the data from such database in printed form.
  3. For those substances which have been exempt from reporting pursuant to section 24-708(c), the commissioner shall acquire from the fire department, data regarding the issuance of permits or licenses for the manufacture, storage or transporting of fossil fuels, petroleum products, and combustible or flammable substances so that these locations can be included in the citywide facility inventory database.

§ 24-708 Exemptions.

The following persons, facilities and hazardous substances shall be exempt from the requirements of section 24-706 and 24-711: (a) facilities where the only hazardous substances, except for those substances on the special health hazard list pursuant to section 24-704, were present during the preceding calendar year in mixtures in which the total content of the hazardous substance was of one percent or less by weight or volume per container unless such hazardous substance was present at the facility in an aggregate amount of five hundred pounds or more; (b) owners or tenants of residential buildings that contain no commercial or manufacturing enterprise; or (c) fossil fuels, petroleum products, and combustible or flammable chemicals or materials, the manufacture, transportation, or storage of which is subject to the jurisdication of the fire department pursuant to title twenty-seven of the code.

§ 24-709 Trade Secrets.

(a) Any person required under section 24-706 to submit information to the department may withhold from such submittal the specific chemical indentity of a hazardous substance, including the chemical name and other specific identification, if such information has been withheld as a trade secret pursuant to section three hundred twenty-two of the emergency planning and community right-to-know act of nineteen hundred eighty-six (42 U.S.C. § 11001, et seq.), article forty-eight of the public health law or article twenty-eight of the labor law. No person shall be entitled to withhold such trade secret information from such submittal unless such person demonstrates to the satisfaction of the commissioner that such information has been so determined to be a trade secret and that such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures. The commissioner may grant a temporary extension of not more than thirty days from the reporting requirements of section 24-706 for the purpose of allowing such person to make such demonstration.
  1. With respect to any information not withheld as a trade secret in the manner described by subdivision (a) of this section, the commissioner may withhold from disclosure, pursuant to article six of the public officers law, (i) specific chemical identities, including chemical names and other specific information, which are trade secrets which if disclosed would cause substantial injury to the competitive position of a commercial enterprise or (ii) methods or processes described in plans filed pursuant to section 24-718 of this chapter entitled to protection as trade secrets. The commissioner shall promulgate by rule a procedure for implementing the provisions of this subdivision. The subdivision shall not be construed to affect, limit or modify in any manner the reporting requirements of section 24-706.
    1. Notwithstanding any other provision of this section, in a response to an emergency caused by the presence or release of a hazardous substance, the commissioner shall make trade secret information about such hazardous substance available, upon request, to emergency response personnel responding to such an emergency.

   2. Notwithstanding any other provision of this section, for the purpose of medical diagnosis or treatment of an individual exposed to a hazardous substance, where the commissioner has withheld any information from disclosure pursuant to subdivision (b) of this section, the person submitting such information to the department shall upon request disclose such information to medical personnel, including doctors and nurses, treating such an individual.

  1. Except as is necessary for the internal administration of the department or as is otherwise provided by subdivision (c) of this section, or by federal, state or local law, no person shall disclose to any other person any information, record or portions thereof received by the department pursuant to this chapter and determined by the commissioner to be a trade secret pursuant to subdivision (b) of this section. Each person having access to such information or records, including persons receiving such information or records pursuant to subdivision (c) of this section, shall, in a written confidentiality agreement with the person submitting such information to the department, agree that he or she will not use the information, record or portion thereof for any purpose other than internal administration of the department, response to an emergency caused by the presence or release of a hazardous substance, or medical diagnosis or treatment. In the case of a medical emergency, a written confidentiality agreement is not required as a precondition of disclosure pursuant to subdivision (c) of this section, but shall be entered into by the person receiving the information as soon as circumstances permit.
  2. Nothing in this section shall be constructed to affect, limit or modify in any manner the disclosure of any information to a health professional to the extent such disclosure is required or authorized pursuant to section three hundred twenty-three of the emergency planning and community right-to-know act of nineteen hundred eighty-six (42 U.S.C. § 11001, et seq.).

§ 24-710 Access to hazardous substance information.

(a) The commissioner shall upon request make available to emergency response personnel the information filed pursuant to section 24-706, the data compiled pursuant to section 24-707, and the risk management plan filed pursuant to section 24-718.
  1. The commissioner shall make available to the public, in such form and manner as may be prescribed by regulation, the information filed pursuant to section 24-706 and the data compiled pursuant to section 24-707, during normal working hours, at the location or locations designated by the commissioner. Within thirty days after the annual completion of the compilation of citywide facility inventory data pursuant to section 24-707 of this chapter, the commissioner shall publish a notice in the City Record that such information shall be available for inspection by the public at the location or locations specified in the notice.
  2. Any person may submit a written request to the commissioner for any information filed with the department pursuant to section 24-706 of this chapter with respect to a specific facility. The commissioner shall make the requested information available to the person making the request within ten business days after the receipt of the request.

§ 24-711 Labeling requirements.

Within thirty days after a facility inventory form is first required to be filed for a facility, all hazardous substances present at such facility shall be clearly marked with a label showing the chemical name and CAS identification number of the hazardous substance. The information set forth on the label shall be in accordance with a recognized hazardous substances labeling system, accepted by the commissioner. In the case of a substance protected under the “trade secrets” provision contained in section 24-709 of this chapter, the label should bear the specific code assigned by the commissioner for such substance.

§ 24-712 Inspections of a facility.

(a) The department, upon providing prior notice, shall have the authority to inspect any facility during normal business hours. However, whenever there is a reason to believe that a facility is in violation of the requirements of this chapter, the department shall be authorized to inspect the facility without prior notice. Any reasonable party who refuses to allow an authorized employee or representative of the department to conduct an inspection of the facility after appropriate credentials are presented shall be in violation of this chapter and shall be subject to the penalties provided in subdivision c of section 24-713 of this chapter.
  1. Within twenty business days of receipt of a written complaint in such form as may be prescribed by the commissioner, alleging a violation of any of the provisions of this chapter, the department shall investigate such complaint and shall inform the complainant of the results of such investigation.

§ 24-713 Violations.

(a) Any person who knowingly or recklessly makes any false statement, representation or certification on a facility inventory form, risk management plan, or any other document filed with the department, or on any label required, pursuant to this chapter, shall, upon conviction, be subject to a fine of not more than two thousand dollars, or imprisonment of up to one year, or both. In addition to its application to any other person, the penalty provided for in this subdivision shall be deemed a special fine for a corporation within the meaning of section 80.10 of the penal law of the state of New York.
  1. Any person who violates the requirements of sections 24-706, 24-711 or 24-718 of this chapter shall be liable for a civil penalty, as follows: (1) for a first violation, in an amount of not less than five hundred nor more than five thousand dollars; (2) for a second violation, in an amount of not less than three thousand five hundred nor more than ten thousand dollars; and (3) for each subsequent violation, in an amount of not less than seven thousand five hundred nor more than twenty thousand dollars. For purposes of this section, the second and any subsequent violation shall only occur after notice of the first violation has been properly served and an opportunity to cure said violation has been provided to the violator, provided that such opportunity to cure shall not exceed thirty days. For purposes of this section, a second or subsequent violation shall occur where a person violates section 24-706, 24-711 or 24-718 of this chapter within five years of having been found to have violated this chapter. Such penalties may be recovered in a civil action brought in the name of the commissioner or in a proceeding before the environmental control board. In determining the civil penalty, the hearing officer or judge shall consider any evidence presented by the defendant showing a good faith effort to comply with relevant requirements of this chapter, the nature and seriousness of the defendant’s violation of the chapter, whether the violation was voluntarily disclosed, previous violations, if any, of this chapter and any other evidence found to be relevant.
  2. Any person who without justification refuses to allow an inspection of a facility pursuant to section 24-712 of this chapter shall be subject to a civil penalty, returnable before the environmental control board or in civil court in the name of the commissioner, in an amount not to exceed twenty thousand dollars.
  3. Any person who violates any rule promulgated pursuant to subdivision b of section 24-716 of this chapter shall be subject to a civil penalty, returnable before the environmental control board, in an amount not to exceed ten thousand dollars. Each notice of violation shall contain an order of the commissioner directing such person, within thirty days from the date of the order, to correct the condition constituting the violation and to file with the department electronically, or in such other manner as the department shall authorize, a certification that the condition has been corrected. In any proceeding before the board, no civil penalty shall be imposed for a violation pursuant to this subdivision if such person complies with the commissioner’s order to correct and to certify correction of the violation within thirty days.

§ 24-714 Private right of action.

(a) Except as provided in subdivision (c) of this section, any person may commence an action in a court of competent jurisdiction on his or her own behalf against a responsible party of a facility for failure to file any information required to be filed with the department or fire department pursuant to section 24-706 of this chapter. Such action shall be brought in the county in which the alleged violation occurred or where the complainant resides. The court may impose the civil penalty provided for violation of this chapter.
  1. No action may be commenced under subdivision (a) of this section prior to sixty days after the plaintiff has given notice of the alleged violation to the commissioner and the alleged violator. Notice required under this subdivision shall be given in such manner as may be prescribed by the commissioner.
  2. No action may be commenced under subdivision (a) if the commissioner has commenced and is diligently pursuing an administrative or civil action concerning the facility which would be the subject of such action to enforce the reporting requirements of this chapter or to impose any civil penalty for violation of such reporting requirements.
  3. The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, including reasonable attorney’s and expert witness fees, to the prevailing party whenever the court determines such an award is appropriate.
  4. In any action brought pursuant to this section, the commissioner, may intervene as a matter of right.

§ 24-715 Annual report.

(a) The commissioner shall annually review the facility inventory forms and material safety data sheets filed with the department pursuant to this chapter and citywide facility inventory data. Upon making this annual review, the commissioner shall forward a report to the mayor and the council no later than October first of each year. Such annual report shall, at a minimum, provide the following information: the number of facilities for which facility inventory forms have been filed pursuant to this chapter; the number of complaints received; the number of civilian complaints filed; the number of inspections performed pursuant to this chapter; the number of notices of violation issued pursuant to this chapter and chapter six of this title; the number of orders issued by the commissioner pursuant to subdivision a of section 24-608 of this title and the nature of such orders; the number of civil actions and administrative proceedings commenced under this chapter and chapter six of this title and the dispositions thereof; the number of incidents in which the department participated in response measures undertaken in connection with hazardous substances; the number of releases of hazardous substances reported to, or otherwise documented by the department; the number of emergency response personnel in each city agency which performs functions in connection with emergencies involving hazardous substances; and the average response time and cost of each member of the city's emergency response personnel.
  1. By March first, nineteen hundred ninety the commissioner shall report to the Council the status of the development of the threshold reporting quantities for hazardous substances that will become effective on March first, nineteen hundred ninety-one.

§ 24-716 Regulations.

(a) The commissioner shall have the power to promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter.
  1. On or before January first, two thousand fifteen, the commissioner shall, in consultation with the emergency response agencies, promulgate rules for the proper siting and storage of hazardous substances, taking into consideration all safety issues, including, but not limited to, spillage, fire, flooding, storm surge, earthquake, power outages, and high winds. Such rules may regulate hazardous substances individually or in groups, and may require that additional or alternative precautions be taken in advance of an anticipated extreme weather event.

§ 24-717 Hazardous substance advisory board.

(a) There is hereby created a "hazardous substance advisory board" hereinafter referred to as the board. Such board shall consist of seven members who shall be appointed within ninety days from the enactment of this chapter.
  1. The board shall consist of the commissioner, who shall serve as the board’s chairman, plus four members to be appointed by the mayor and four to be appointed by the council. Each member shall hold office for a three year term or until such time as the board shall cease to exist or until such member shall resign or is removed from office for good cause shown. Each member appointed shall have a working knowledge of emergency response procedures or in managing hazardous substances.
  2. Any vacancy on the board shall be filled by appointment pursuant to subdivision b of this section.
  3. The members of the board shall serve without compensation for their services as board members except that each shall be allowed reimbursement for the necessary and actual expenses which such member shall incur in the performance of his or her duties under this section.
  4. The board shall be authorized and responsible to: (1) serve as a working forum for the exchange of views, concerns, ideas, information and recommendations relating to the management of hazardous substances and the planning of emergency response measures; (2) review existing hazardous substances emergency response training programs; (3) review existing requirements for handling extremely hazardous substances emergency response situations as established under the emergency planning and community right-to-know act of nineteen hundred eighty-six; (4) review the annual summary of incident reports as required pursuant to section 24-715 of this chapter; and (5) assist the commissioner in the development, review and revision of the hazardous substance list and corresponding threshold levels where appropriate.
  5. The board shall meet at least four times per year at least once every quarter, keep a record of its deliberations and determine its own rules of procedure.

§ 24-718 Risk management plan.

(a) On or before March first of each year beginning in nineteen hundred ninety-five, a responsible party of a facility where an extremely hazardous substance or a regulated toxic substance is present in an amount that equals or exceeds the threshold planning quantities established by the United States environmental protection agency in regulations promulgated pursuant to applicable law, shall file with the commissioner a risk management plan in accordance with the provisions of this section. Where a substance is classified as both an extremely hazardous substance and a regulated toxic substance and different threshold planning quantities have been established, the lower threshold planning quantity shall apply in determining whether such substance is present at a facility in an amount that equals or exceeds the threshold planning quantities.
  1. Review of risk management plans.

   (1) Within thirty days after receipt of a risk management plan, the commissioner shall determine whether such plan is complete. If the commissioner determines that the plan is incomplete, then he or she shall notify the responsible party that the plan is incomplete and identify in what respect the plan is incomplete. Within fifteen days after such notification, the responsible party shall file a revised plan consistent with the commissioner’s notification. Within fifteen days after receipt of such revised plan, the commissioner shall determine whether the revised plan is complete.

   (2) Within ninety days after the commissioner’s determination that the responsible party has filed a complete plan, the commissioner shall approve or make modifications to such plan and shall notify the responsible party filing such plan in writing of his or her approval or modifications. The commissioner shall, within a reasonable period of time prior to approving or making modifications to such plan, submit such plan to the commissioner of the fire department and the commissioner of the fire department may recommend modifications to such plan to the commissioner.

   (3) If the commissioner makes modifications to the responsible party’s risk management plan, the responsible party shall incorporate such modifications into its risk management plan, provided, however, that the responsible party may, within forty-five days after receipt of such modifications, submit alternative modifications to the commissioner or explain why the commissioner’s modifications are not necessary. The commissioner shall within forty-five days review the alternative modifications or explanation and shall: (i) require the responsible party to incorporate, by a date certain not to exceed forty-five days, either the commissioner’s modifications, the alternative modifications or a combination of such modifications into its risk management plan, (ii) approve the unmodified plan or (iii) disapprove the plan.

   (4) The commissioner shall provide a copy of each approved risk management plan to the emergency response agencies and to other governmental entities that may request an approved plan.

  1. The commissioner, in consultation with the emergency response agencies, shall by rule establish the contents of a risk management plan, which shall be designed to prevent the accidental release and to minimize the consequences of any such release of any extremely hazardous or regulated toxic substance. Such plan shall take into account extreme weather events, including potential flooding that may occur due to the location of a facility within a special flood hazard area, as established by section G102.2 of appendix G of the New York city building code, or within a New York city office of emergency management coastal storm and hurricane evacuation zone. The plan shall include but need not be limited to: (1) a site plan; (2) a safety review of design for new and existing equipment and processes; (3) an emergency response program, which shall consider flooding and other extreme weather events and shall include an emergency response plan, emergency response training, and emergency response exercises; (4) standard operating procedures; (5) a preventive maintenance program for equipment; (6) a training program for equipment operators, including duration and type of training, and retraining; (7) accident investigation procedures; and (8) a risk assessment program, including a hazard analysis, a consideration of the use of alternate equipment and alternate substances, and the risk of an accidental release caused by an extreme weather event.
  2. Preparation of risk management plan. The risk management plan shall be prepared by one or more of the following persons: an industrial hygientist certified by the American Board of Industrial Hygienists, a professional engineer licensed pursuant to section 7206 of the New York state education law, a safety professional certified by the Board of Certified Safety Professionals, or other qualified person authorized by rule of the commissioner. A plan submitted pursuant to this section shall contain proof satisfactory to the commissioner of the qualifications of the person who prepared such plan.
  3. The risk management plan shall be made available to department personnel at the time of an inspection of a facility for which a plan is required pursuant to subdivision (a) of this section.
  4. On or before November first, nineteen hundred ninety-four, the commissioner, in consultation with emergency response agencies, shall make reasonable efforts to provide information to responsible parties regarding the requirements of this section and the rules promulgated hereunder.

Chapter 8: New York City Climate Protection Act

§ 24-801 Short title.

This chapter shall be known and may be cited as the “New York City Climate Protection Act”.

§ 24-802 Definitions.

For purposes of this chapter only, the following terms shall have the following meanings:

  1. “Base year for citywide emissions” means calendar year 2005.
  2. “Base year for city government emissions” means fiscal year 2006.
  3. “Carbon dioxide equivalent” means the metric measure used to compare the emissions of various greenhouse gases based upon their global warming potential as defined in the Intergovernmental Panel on Climate Change Second Assessment Report (1996).
  4. “City government emissions” means greenhouse gas emissions attributable to city government operations.
  5. “City government operations” means operations, facilities, and other assets that are owned or leased by the city for which the city pays all or part of the annual energy bills.
  6. “Citywide emissions” means greenhouse gas emissions citywide.
  7. “Greenhouse gas emissions” means the emission of carbon dioxide, methane and nitrous oxide.
  8. “Office” means such office or agency as the mayor shall designate to implement this chapter.
  9. “PlaNYC” means the sustainability plan issued by the city of New York on April 22, 2007, entitled “PlaNYC 2030: A Greener, Greater New York”, as such plan may be revised from time to time.
  10. “Renewable energy system” means any system that uses or creates energy from renewable energy sources, including but not limited to the sun, wind, geothermal sources, and passive house technologies, that is viable for installation in any building or on real property within the city of New York.

§ 24-803 Reduction of greenhouse gas emissions that contribute to global warming.

    1. Reduction of emissions citywide. There shall be, at minimum, a 40 percent reduction in citywide emissions by calendar year 2030, and an 80 percent reduction in citywide emissions by calendar year 2050, relative to such emissions for the base year for citywide emissions.

   (2) The emissions reduction required by paragraph one of this subdivision shall be achieved through the applicable policies, programs and actions included in PlaNYC, the long-term sustainability plan developed and updated pursuant to section twenty of the New York city charter, and any additional policies, programs and actions to reduce greenhouse gas emissions that contribute to global warming. If the office determines that such emissions reduction is not feasible despite the best efforts of city government, such office shall report such findings and make recommendations with respect to policies, programs and actions that may be undertaken to achieve such reductions.

    1. Reduction of emissions from city government operations. There shall be, at minimum, a 40 percent reduction in city government emissions by fiscal year 2025, and a 50 percent reduction in city government emissions by fiscal year 2030, relative to such emissions for the base year for city government emissions.

   (2) The emissions reduction required by paragraph 1 of this subdivision shall be achieved through the applicable policies, programs and actions included in PlaNYC, energy efficiency retrofits, and any additional policies, programs and actions to reduce greenhouse gas emissions that contribute to global warming, including methods to ensure equitable investment in environmental justice communities that preserve a minimum level of benefits for all communities and do not result in any localized increases in pollution. If the office determines that such emissions reduction is not feasible despite the best efforts of city government operations, such office shall report such findings and make recommendations with respect to policies, programs and actions that may be undertaken to achieve such reductions.

   (3) Reduction of emissions by the New York city housing authority. The New York city housing authority shall make efforts to reduce greenhouse gas emissions by 40 percent by the year 2030 and 80 percent by the year 2050, relative to such emissions for calendar year 2005, for the portfolio of buildings owned or operated by the New York city housing authority. If the office determines that such emissions reduction is not feasible despite the best efforts of city government operations, such office shall report such findings and make recommendations with respect to policies, programs and actions that may be undertaken to achieve such reductions.

  1. Carbon dioxide equivalent emission inventories.

   (1) No later than September 17, 2008, and no later than every September 17 thereafter, the office shall complete and post on its website an inventory and analysis of citywide emissions measured in carbon dioxide equivalent for the previous calendar year, and shall calculate the percentage change in citywide emissions measured in carbon dioxide equivalent for such calendar year, relative to such emissions for the base year for citywide emissions.

   (2) No later than September 17, 2008, and no later than every September 17 thereafter, the office shall complete and post on its website an inventory and analysis of city government emissions measured in carbon dioxide equivalent for the fiscal year ending in the previous calendar year, and shall calculate the percentage change in city government emissions measured in carbon dioxide equivalent for such calendar year, relative to such emissions for the base year for city government emissions.

  1. Voluntary global warming emissions reduction program. The effort to reduce citywide emissions set forth in subdivision a of this section shall include, but not be limited to, voluntary programs developed and implemented no later than March 1, 2009, that encourage private entities operating within the city of New York to commit to reducing their own greenhouse gas emissions measured in carbon dioxide equivalent to help facilitate the citywide emissions reduction effort.

§ 24-804 Education and outreach.

  1. No later than July 1, 2009, the office shall develop and implement programs for public education and outreach regarding global warming and the reduction of greenhouse gas emissions by residents, businesses, public and private elementary and secondary schools, and other entities within the city of New York. Such program shall include, but not be limited to, awareness campaigns tailored to specific sectors of the public, through which the office shall develop and disseminate information regarding global warming, including its potential impacts on the city of New York, and best practices to reduce energy consumption and greenhouse gas emissions.
  2. The New York city renewable energy portal.

   1. The office shall develop and administer an interactive website called the New York city renewable energy portal. A link to the renewable energy portal shall be prominently displayed on the website of the department of buildings and any other city agency website that pertains to sustainable growth or environmental policy.

   2. The purpose of the renewable energy portal shall be to effectively inform the public about the feasibility and economic viability of installing renewable energy systems in the city of New York. Content on the website shall be written in plain language whenever possible and shall include, but not be limited to, information on solar photovoltaic panels, solar water heaters, geothermal heat pumps, and leadership in energy and environmental design (LEED) certification. Links featured on the website shall be verified on a quarterly basis.

   3. The renewable energy portal shall have or link to, to the extent they are available, programs that allow the user to calculate the estimated costs and benefits of renewable energy systems, lists of financial incentives available at the federal, state, and local levels, and tools and guidelines to evaluate the feasibility of installing renewable energy technologies.

   4. The renewable energy portal shall assist users in determining which city, state, and federal agencies, if any, must approve a prospective installation of renewable energy systems. The renewable energy portal shall link to the website of any city, state, or federal agency that must be contacted in connection with the installation of renewable energy systems, and may also link to any forms, if they are available online, that such agency may require of prospective installers of renewable energy systems.

   5. The renewable energy portal shall list the qualifications required for any contractor to perform installations of renewable energy systems within the city of New York.

   6. Nothing within this section shall be construed to limit the authority of the office to create additional resources within the renewable energy portal.

§ 24-805 Annual report.

No later than September 17, 2008, and no later than every September 17 thereafter, the office shall submit to the mayor, the speaker of the council, the public advocate and the comptroller and post on its website a report regarding actions taken by the office pursuant to the provisions of this chapter. Such report shall include, but not be limited to:

  1. changes in citywide emissions measured in carbon dioxide equivalent achieved for the previous calendar year, relative to such emissions for the base year for citywide emissions;
  2. changes in city government emissions measured in carbon dioxide equivalent achieved for the fiscal year ending in the previous calendar year, relative to such emissions for the base year for city government emissions disaggregated according to city agency;
  3. a description of the programs developed and implemented in accordance with subdivision d of section 24-803 of this chapter and a list of the entities participating in such programs of which the office is aware; and
  4. a description of the education and outreach activities developed and implemented pursuant to section 24-804 of this chapter.

§ 24-806 Wind resource assessment.

The mayor shall include in each long-term sustainability plan required by subdivision e of section 20 of the charter, a wind resource assessment to identify and map the areas of the city where wind resources are available for the effective utilization of (i) a wind turbine appurtenant to a building that has a height of 100 feet or more, (ii) a wind turbine appurtenant to a building of any height located in a waterfront area or (iii) where wind resources are available for freestanding wind turbines in a waterfront area. Such assessment shall be made publicly available online together with a description of the methodology used to conduct such assessment. For the purposes of this section, the term “waterfront area” shall have the meaning ascribed to such term in the New York city zoning resolution.

Chapter 9: Local Brownfield Cleanup Program

§ 24-901 Short Title.

This chapter shall be known and may be cited as the “New York city local brownfield cleanup law”.

§ 24-902 Definitions.

For the purposes of this chapter the following terms shall mean:

“Applicant” shall mean a person who has submitted a request to participate in the local brownfield cleanup program but is not yet an enrollee.

“Certificate of completion” shall mean a written certificate that is issued by the office to an enrollee who has successfully investigated and remediated a local brownfield site to the satisfaction of the office.

“Change of use” shall mean the transfer of title to all or part of a local brownfield site, change in management of a local brownfield site, the erection of any structure on the site, the creation of a park or other public or private recreational facility on the site, or any activity that is likely to disrupt or expose contamination or to increase direct human exposure to contamination; or any other conduct that will or may tend to significantly interfere with an ongoing or completed remedial program at such site and the continued ability to implement the engineering and institutional controls associated with such site.

“Community based organization” shall mean a community based organization as defined in section 970-r of the general municipal law.

“Contaminant” shall mean hazardous waste and/or petroleum.

“Contamination” or “contaminated” shall mean the presence of a contaminant in any environmental media, including soil, surface water, groundwater, air, or indoor air.

“Declaration of covenants and restrictions” shall mean controls on the use of a site that are listed on the deed and that seek to prevent potential exposure to any residual contamination remaining at the site.

“Delegated brownfield site” shall mean any real property for which state or federal law requires the investigation or remediation, or a portion of an investigation or remediation, to be supervised and/or approved by a state and/or federal agency, but where such state and/or federal agency has expressly authorized in writing that such real property may be investigated and remediated under the city’s supervision or according to a mutually agreed-upon form of supervised oversight, subject to any and all appropriate restrictions as may be required by law or agreed to by the parties.

“Director” shall mean the director of the office of environmental remediation.

“Enrollee” shall mean an applicant who has been accepted into the local brownfield cleanup program and has signed a local brownfield cleanup agreement.

“Hazardous waste” shall mean a hazardous waste as defined in section 27-1301 of the environmental conservation law.

“Historic fill material” shall mean non-indigenous material, deposited or disposed of to raise the topographic elevation of real property, which material may have been contaminated prior to emplacement, and is in no way connected with the subsequent operations at the location of the emplacement and which includes, without limitation, construction debris, dredge spoils, incinerator residue, demolition debris, coal ash, fly ash, and non-hazardous waste.

“Historic fill material” does not include any material which is chemical production waste or waste from processing of metal or mineral ores, residues, slag or tailings. In addition, historic fill material does not include a municipal solid waste site built after nineteen hundred sixty two.

“Light to moderate levels of contamination” shall mean detectable levels of contamination, the presence of which does not require an applicant or enrollee to conduct any mandatory, governmental-supervised investigation or remediation of the contamination under any state or federal law.

“Local brownfield site” or “site” shall mean any real property within the city, the redevelopment or reuse of which may be complicated by the presence or potential presence of light to moderate levels of contamination, or any real property that meets the definition of a delegated brownfield site, including, but not limited to, real property containing historic fill material and real property rejected from state programs on grounds that the environmental contamination is not sufficient to warrant state involvement.

“Local brownfield site” or “site” shall not include real property: (1) containing discharges of petroleum, except as authorized by the state department of environmental conservation upon agreement with the office or by state law, (2) at the time of application to this program and pursuant to section 27-1305 of the environmental conservation law, listed in the state registry of inactive hazardous waste disposal sites and classified as either (i) causing or presenting an imminent danger of causing irreversible or irreparable damage to the public health or environment—immediate action required, or (ii) significant threat to the public health or environment—action required; (3) listed on the national priorities list pursuant to 42 U.S.C. § 9605; (4) subject to an enforcement action under title seven or nine of article twenty-seven of the environmental conservation law, except a treatment, storage or disposal facility subject to a permit; provided, that nothing herein contained shall be deemed to exclude from the scope of the term “local brownfield site” a hazardous waste treatment, storage or disposal facility having interim status according to regulations promulgated by the state department of environmental conservation; (5) subject to an order for cleanup pursuant to article twelve of the navigation law or pursuant to title ten of article seventeen of the environmental conservation law except such property shall not be deemed ineligible if it is subject to a stipulation agreement; or (6) subject to any other on-going city, state or federal environmental enforcement action related to the contamination which is at or emanating from the real property.

“Office” shall mean the office of environmental remediation.

“Participant” shall mean an enrollee who either: (1) was the owner of the local brownfield site at the time of disposal or discharge of contaminants, or (2) is otherwise a person responsible according to applicable principles of statutory or common law liability, unless such person’s liability arises solely as a result of such person’s ownership or operation of or involvement with the site subsequent to the disposal or discharge of contaminants.

“Petroleum” shall mean oil or petroleum of any kind and in any form including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other wastes and crude oils, gasoline and kerosene.

“Remedial action work plan” shall mean a written document providing for the development and implementation of a remedial program for contamination within the boundaries of the local brownfield site; provided, however, that a participant shall also be required to provide in the remedial action work plan for the development and implementation of a remedial program for contamination that has emanated from the local brownfield site.

“Remedial investigation report” shall mean a report that fully characterizes the nature and extent of contamination at and/or emanating from a brownfield site.

“Site management” shall mean the management of physical barriers and methods and non-physical means to limit human and environmental exposure to contamination at and/or emanating from a site, as well as the implementation of any necessary monitoring, reporting, certification and/or operation and maintenance of a remedy, after the issuance of a certificate of completion.

“Site management plan” shall mean a written document providing for site management.

“Volunteer” shall mean an enrollee other than a participant, including without limitation a person whose liability arises solely as a result of such person’s ownership or operation of or involvement with the local brownfield site subsequent to the disposal or discharge of contaminants, provided, however, that such person exercises appropriate care with respect to contamination found at the site by taking reasonable steps to: (1) stop any continuing release; (2) prevent any threatened future release; and (3) prevent or limit human, environmental, or natural resource exposure to any previously released contamination.

§ 24-903 Rules for the Local Brownfield Cleanup Program.

The director shall develop and administer a local brownfield cleanup program and shall promulgate rules to effectuate the provisions of this chapter including, but not limited to, rules:

  1. Prescribing the form for an application to participate in the local brownfield cleanup program and establishing an application review process to ensure that only eligible local brownfield sites, as provided in section 24-904 of this chapter, are accepted into the local brownfield cleanup program.
  2. Prescribing a local brownfield cleanup agreement, including a requirement that the enrollee pay for costs incurred by the city and an indemnification provision holding the city harmless from any claim, suit, action, and cost arising out of or resulting from the fulfillment or attempted fulfillment of the agreement.
  3. Prescribing requirements for remedial investigation reports, remedial action work plans, and such other reports and work plans as the office shall require, and providing mechanisms for the preparation, submission, review, approval, modification, and rejection of such reports and work plans.
  4. Providing adequate procedures to ensure that remedial action work plans and remedial actions are protective of public health and the environment, and consistent with the current, intended or reasonably anticipated residential, commercial, industrial or other end use of the local brownfield site. Cleanup standards and remedial selection criteria shall be consistent with standards and criteria applicable to the state brownfield cleanup program, including all applicable guidance documents.
  5. Prescribing procedures for citizen participation.
  6. Providing for access by the office or any person so authorized by the office (1) to any real property that has either submitted a request to participate in the local brownfield cleanup program, is enrolled in the local brownfield cleanup program, or has been issued a certificate of completion, for the purpose of ensuring that any applicant, enrollee, or recipient of a certificate of completion complies with the provisions of this chapter or rules promulgated pursuant thereto, including, but not limited to, providing access for the purpose of inspecting and taking samples of contaminants and/or environmental media, and for the purpose of inspecting the adequacy of site management activities; (2) to information relating to any applicant’s or enrollee’s current and past activities concerning contaminants; and (3) to documents relating to the current and past contamination of a local brownfield site.
  7. Prescribing mechanisms for the office to determine whether the remedial actions are complete and to issue documentation indicating that the remedial actions are complete, including through the issuance of a certificate of completion.
  8. Providing for the issuance of a clean property certification to those properties that have successfully completed the local brownfield cleanup program or other programs equivalent to the local brownfield cleanup program.
  9. Establishing procedures and enforcement mechanisms, including recording of the declaration of covenants and restrictions and notification of the department of buildings and other appropriate agencies of such declaration, to ensure that the owner of the local brownfield site or its successors or assigns continues in full force and effect all institutional and engineering controls required at the site in accordance with the local brownfield cleanup agreement, remedial action work plan, declaration of covenant and restrictions, site management plan, and any other applicable document or plan. The procedures shall include the process for notifying the public regarding compliance with institutional and engineering controls.
  10. Requiring notice to the office of any change of use at a local brownfield site and an opportunity for the office to prohibit such change of use for cause.

§ 24-904 Eligibility.

The office shall determine whether to accept or reject an application to participate in the local brownfield cleanup program.

  1. The office shall reject the application if:

   (1) the real property does not meet the definition of a local brownfield site as provided in section 24-902 of this chapter;

   (2) there is an action or proceeding relating to the local brownfield site against the applicant that is pending in any civil or criminal court in any jurisdiction, or before any city, state or federal administrative agency or body, wherein the city, state or federal government seeks penalties or the investigation, removal, or remediation of contamination; or

   (3) there is an order against the applicant providing for the investigation, removal, or remediation of contamination relating to the local brownfield site.

  1. The office may reject the application if the office determines that the public interest would not be served by accepting the application.

§ 24-905 Citizen Participation.

(a) The borough president and council member representing the area in which the local brownfield site is located, community board for the district in which the local brownfield site is located, residents living on or immediately adjacent to the local brownfield site, community based organizations, and other appropriate community groups shall be notified upon receipt by the office of the application to participate in the local brownfield cleanup program; before the office finalizes a remedial action work plan or approves a report on remedial action; and before the enrollee commences construction at the local brownfield site.
  1. The office shall provide opportunities for public comment and shall prescribe a procedure for enrollees to make documents available to the public.

§ 24-906 Certificate of Completion.

(a) A certificate of completion shall include (1) a finding that the enrollee has successfully completed the local brownfield cleanup program, (2) a statement that, subject to the provisions of this section and except as provided in the remedial action work plan, site management plan, declaration of covenants and restrictions, or certificate of completion, the city shall not take or require any further investigatory or remedial action against the site and the enrollee, his or her successors, and his or her assigns, regarding the contamination addressed at the site, and (3) a recommendation that no other governmental entity take or require any investigatory or remedial action against the site and the enrollee, his or her successors, and his or her assigns, regarding the contamination addressed at the site. The director shall seek to enter into agreements with federal and/or state agencies and other entities that formally recognize cleanups for which a city certificate of completion has been issued, and that stipulate that the federal and/or state agency or other entity does not intend or anticipate taking further actions requiring additional cleanup and investigation for contamination that an enrollee has appropriately addressed under the local brownfield cleanup program, subject to such terms and conditions as may be required by the federal and/or state agency or other entity. Nothing in this section shall in any way be interpreted as a binding legal commitment or obligation on behalf of the director to enter into such an agreement with the federal and/or state agency or other entity for any site enrolled in the local brownfield cleanup program, nor in any way restrict the director's discretion in negotiating the terms and conditions of such an agreement with the federal and/or state agency or other entity.
    1. The city nonetheless shall reserve all of its rights concerning any further investigation and/or remediation the office deems necessary due to:

   (i) environmental contamination at, on, under, or emanating from the local brownfield site if, in light of such conditions, the site is no longer protective of public health or the environment; or

   (ii) non-compliance with the terms of the local brownfield cleanup agreement, the remedial action work plan, the site management plan, declaration of covenants and restrictions, or the certificate of completion; or

   (iii) fraud committed by the applicant in the application for or by the enrollee during participation in the local brownfield cleanup program; or

   (iv) a written finding by the office that a change in an environmental standard, factor, or criterion upon which the remedial action work plan was based, renders the local brownfield site remedial program implemented at the site no longer protective of public health or the environment; or

   (v) a change in the local brownfield site’s use subsequent to the office’s issuance of the certificate of completion unless additional remediation is undertaken as determined by the office, which shall meet the standard for protection of public health and the environment that applies under this chapter.

   (2) In the case of a volunteer, subparagraph v of paragraph one of this subdivision shall not apply if the property has been remediated for unrestricted use as provided in section 27-1415 of the environmental conservation law.

  1. The certificate of completion provided pursuant to this section shall run with the land, extending to the enrollee’s successors or assigns through acquisition of title to the local brownfield site and to a person who develops or otherwise occupies the local brownfield site; provided, however, that such persons act with due care and in good faith to adhere to the requirements of the local brownfield cleanup agreement, remedial action work plan, site management plan, declaration of covenants and restrictions, and certificate of completion. The certificate of completion does not extend, and cannot be transferred, to a person who is responsible for the disposal or the discharge of contaminants on the local brownfield site according to applicable principles of statutory or common law liability as of the effective date of the certification of completion issued pursuant to this chapter, unless that person was party to the local brownfield cleanup agreement for the local brownfield site.
  2. The provisions of this section shall not affect an action or a claim, including a statutory or common law claim for contribution or indemnification, that an enrollee has or may have against a third party.
  3. Nothing in this section shall be construed to affect the liability of any person with respect to any costs, damages, or investigative or remedial activities that are not included in the local brownfield cleanup agreement, or remedial action work plan for the local brownfield site.

§ 24-907 Civil Penalties.

Any applicant, enrollee, or recipient of a certificate of completion who misrepresents any material fact related to the investigation, remediation or site management of a local brownfield site shall be liable for a civil penalty of not more than twenty-five thousand dollars. Such civil penalty may be recovered in a proceeding before the environmental control board. Such proceeding shall be commenced by the service of a notice of violation returnable before the environmental control board.

§ 24-908 Withholding of permits.

Where the office has determined that the owner of a local brownfield site or its successors or assigns has failed to continue in full force and effect all institutional and engineering controls required at such site in accordance with any applicable document or plan, it shall notify the department of buildings of such failure and the department of buildings shall withhold the issuance of permits from such site.

Chapter 10: Environmental Hazard Remediation.

§ 24-1000 Declaration of policy.

It is hereby declared that asthma and other respiratory conditions have increased significantly in the United States and that evidence suggests that indoor environments, where most people spend a majority of their time, play an important role in predisposing vulnerable populations to asthma and other respiratory diseases. The National Academy of Sciences found that there was sufficient evidence to establish a causal link between a number of respiratory conditions and the presence of asthma triggers, irritants, pathogens, fungi and m