DSNY FINAL Rule Relating to the Criteria Used in the Siting of Solid Waste Transfer Stations

Adopted Rules: Closed to Comments

Effective Date: 
Monday, April 9, 2018

Statement of Basis and Purpose The Department of Sanitation is amending its rule relating to the criteria used in the siting of solid waste transfer stations. Specifically, this rule would provide that the 400-foot buffer requirement between a proposed transfer station and a public park or parkway would not apply to certain limited Bronx River Parkway lands abutting an active railroad line. This amendment is very narrowly tailored to modify the Department’s siting rules to take into account the particular circumstances of a single industrial district in the northern Bronx. It will allow DSNY to consider a private applicant’s proposal to site a non-putrescible solid waste transfer station to process construction and demolition debris waste in this industrial district. The district currently does not have any solid waste transfer stations. The district and proposed transfer station site are within 400 feet of the Bronx River Parkway. A certain strip of the Parkway lands within such 400 feet (Block 5130 Lot 125) is New York City parkland that adjoins the Parkway roadbed that is located in Yonkers. This strip of Parkway land is within the jurisdiction of the Department of Parks and Recreation. The strip is traversed by the Bronx River but has no street or way across it. The strip abuts the Metro North Harlem River Line railroad corridor that includes rail tracks. This amendment would be consistent with the intent of the transfer station siting rules to avoid the siting of new transfer stations—with a potential for truck traffic and related noise—within 400 feet of sensitive land uses. A Bronx River Parkway lot that is adjacent to the busy multi-lane Parkway roadway and abuts an active railroad line is not a noise-sensitive location for this purpose, and therefore does not warrant an automatic minimum 400-foot buffer distance to a non-putrescible transfer station. The amendment would provide flexibility to DSNY to consider an application for a proposed transfer station within the existing industrial zone that is within 400 feet of Block 5130 Lot 125 of the Bronx River Parkway. Any proposed transfer station would be sited in an industrial zone consistent with the New York City Zoning Resolution, and would be subject to environmental review, including consideration of potential impacts. DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and sections 16-130, 16-131, 16-131.1 and 16-131.2 of the New York City Administrative Code.