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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 16, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Protection (DEP) DEP is adopting a new rule, adding a new Chapter 54 of Title 15 of the Rules of the City of New York (RCNY), to govern the siting and storage of hazardous substances stored in portable containers. The proposed rule is authorized by section 1043 of the Charter of the City of New York and section 24-716(b) of the Administrative Code.
The addition of this new rule requires a change to the existing Community Right-to-Know Penalty Schedule, in order to add penalties for 15 RCNY section 41-14 as specified in section 24-713(d) of the Administrative Code.
The current Community Right-to-Know Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-104, will be repealed by OATH on the same day that this proposed rule takes effect.
The penalty schedule will be moved from OATH Environmental Control Board (ECB) to DEP’s rules. Although OATH Environmental Control Board (ECB) is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents.
Moving the penalty schedule to DEP’s rules will also make it easier for the public to find the penalties.
Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY §3-104 was identified as meeting the criteria for this initiative.
DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-713 of the New York City Administrative Code.

Subject: 

Promulgation of Right to Know Penalty Schedule

Location: 
DEP 19th Floor Fishbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flsuhing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

DEP is promulgating this rule, to be found at Title 15 of the Rules of the City of New York (RCNY) Chapter 53, to establish penalties for violations of Title 15, Chapter 1 of the Rules of the City of New York, also known as the Asbestos Control Program Rules (ACP Rules). The rule is authorized by section 1043 of the Charter of the City of New York and sections 24-136 and 24-178 of the Air Pollution Control Code.
DEP is making a number of changes to the existing ACP Rules which require changes to the existing Air Asbestos Penalty Schedule. These changes include the addition of penalties for several new sections of the ACP Rules (sections 1-26(b)(4), 1-26(h), 1-26(i), 1-28(f), 1-29(d), 1-38, 1-109(c), and 1-109(d)).
The current Air Asbestos Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-110, will be repealed by OATH on the same day that this rule takes effect.
DEP did not receive any comments regarding the rule, but is making one change to the penalty schedule to remove section 1-16(a)(3), which has been replaced by section 1-38 in the new ACP Rules.
Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule to DEP’s rules will also make it easier for the public to find the penalties. Finally, the rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The repeal of 48 RCNY §3-101 was identified as meeting the criteria for this initiative.

Effective Date: 
Sun, 01/06/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Working with the City’s rule-making agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. In light of this review, the Department of Environmental Protection (“DEP” or “the department”) is making several changes to its asbestos regulations to update them and make them easier for the public and the regulated community to understand. The rule also explicitly codifies requirements that were previously incorporated by reference including the addition of new section 1-38; those changes are not substantive and have been made for clarification purposes based upon public comments received. Sections 24-105 and 24-136 of the Administrative Code authorizes the department to promulgate this rule.

Among other changes, this rule:
• clarifies the purpose of the rule;
• adds definitions;
• adds sections related to the Asbestos Assessment Report which explains sampling requirements for a certified asbestos investigator; and the renewal of the Restricted Asbestos Handler Certificate;
• clarifies variance-related issues;
• clarifies the qualifications required for investigator certificates;
• clarifies record-keeping requirements for the contractor, air monitor and investigator;
• updates language on, and the specifications of, required warning signs and labels;
• prohibits employees of the department’s Asbestos Control Program from applying for an asbestos investigator certificate or from applying for renewal of the certificate;
• allows in certain instances individuals denied a certificate to appeal the decision;
• repeals section 1-22 (b)(2), the Asbestos Exemption Certification;
• limits the number of times any certificate holder may receive a replacement certificate to twice in any two-year validity period;
• requires an asbestos abatement permit when there is an obstruction of an interior stairway leading to an exit or exit passageway of a buidling;
• requires a sample location sketch to be made within one hour of the beginning of sample collection of suspected asbestos-containing material;
• requires a registered design professional, a certified industrial hygienist, or a certified safety professional to have a minimum of six months graduate experience in building survey for asbestos;
• allows for electronic recordkeeping;
• clarifies for the investigator what a chain of custody must include;
• sets required procedures for encapsulation and enclosure and modified tent proceedings without glovebag procedures during a large asbestos project;
• requires applicants for an asbestos investigator certificate to achieve a passing grade on a departmental examination by the third attempt;
• makes failure to comply with a work place safety plan a violation of the rules;
• requires a variance for the use of a remote worker decontamination enclosure;
• requires a building owner or its authorized representative to retrieve the approved, stamped copy of the work place safety plan from DEP and post that copy at the work place;
• amends section 1-26 to always require a work place safety plan when a permit is required;
• amends the requirements and qualifications contained in section 1-16 to become a certified asbestos investigator;
• requires a CAI to disclose prior criminal convictions as part of the application, to the extent permitted by law;
• clarifies the roofing, flooring, vertical surface, and pre-demolition procedures; and
• includes minor plain-language revisions.

DEP revised the proposed rule in response to comments received at the public hearing as well as written comments received during the public comment period. The final rule includes the following changes from the proposed rule:
• half the required experience for certain applicants to be an asbestos handler supervisor must be on large projects, except for employees of electric utilities, whose full experience can be on minor or small projects due to the specialized nature of that work experience;
• any related science is deemed to be an environmental science and in compliance with qualifications to become a certified asbestos investigator;
• all applicants to become asbestos investigators must submit documentation of successful completion of an 8-hour minimum introductory blueprint-reading course or any applicable building design and construction training or certification as established by the department;
• one air sampling technician must be present per three work areas in one work site;
• clarifying that the department may deny any application for an asbestos investigator certificate where the applicant has failed to meet the established standard;
• clarifying that the commissiomer may issue a stop work order and invalidate any falsified asbestos assessment report (ACP 5) and then require the building owner to have a new survey performed as well as a new ACP 5 submitted when there is a threat to human safety;
• the building asbestos survey and sampling conditions are clarified by clearly listing out all requirements rather than incorporating by reference the state and federal regulations;
• work place safety plans now require the additional submission of a decontamination enclosure system on the floor plan;
• repeal of 1-16(a)(3) as the requirements are now codified in the newly created section 1-38, asbestos survey and sampling requirements;
• the proposed change to require notification of a minor project has been removed from sections 1-81 and 1-125, as there is no requirement to notify the department of buildings of the abatement and the requirement is onerous relative to a minor project; and
• the proposed changes to 1-36(a)(4) have not been retained, and the original language has been restored.

Effective Date: 
Sun, 01/06/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
The Department of Environmental Protection (“DEP” or the “Department”) is proposing rules to amend Title 15 of the Rules of the City of New York (RCNY) by adding a new Chapter 56 that would establish penalties for violations of Chapter 5 and 5-A of Title 24 of the Administrative Code of the City of New York (Administrative Code), Chapter 19 of Title 15 of the RCNY, and Chapter 19.1 of Title 15 of the RCNY.
The proposed rules would establish the Sewer Control Rules Penalty Schedule, to be found at a new Chapter 56 of Title 15 of the RCNY. The proposed rules are, in part, needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), issued by the New York State Department of Environmental Conservation (NYSDEC) on August 1, 2015 pursuant to the federal Clean Water Act.
The NYC MS4 permit requires the City to develop and implement a number of programs to reduce pollutants in certain stormwater discharges to local waterbodies. To that end, DEP has proposed a new Chapter 19.1 of Title 15 of the RCNY, which enables the Commissioner to protect waters of the state by establishing the following two new regulatory programs required by the NYC MS4 permit:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in the rule, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.
The proposed Sewer Control Rules Penalty Schedule is intended, in part, to enforce the program described in (i) above. The program described in (ii) above will have a separate penalty schedule.
The existing Sewer Control Rules Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) at 48 RCNY§ 3-123, will be repealed by OATH ECB on the same day that these proposed rules take effect. The proposed Sewer Control Rules Penalty Schedule is unchanged from the existing rule, except for additional penalties to enforce the following new sections in the proposed new Chapter 19.1 of Title 15 of the RCNY and Chapter 5-A of Title 24 of the Administrative Code:
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final limits for toxic parameter under SPDES Multi-Sector General Permit
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit but less than 10x the limit / Unauthorized discharge
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit and equal to 10x the limit or greater / Significant unauthorized discharge
• 15 RCNY 19.1-02.3 - Refusal to allow inspection/tampering with sampling or testing device
• A.C. 24-573 / 15RCNY 19.1-02.4 - Failure to maintain/submit required record/report
• A.C. 24-585 - Failure to comply with Comm’s Order
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit reporting requirements
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit other than reporting requirements
• 15 RCNY 19.1-01.4 - Failure to comply with Storm Water Pollution Prevention Plan
• 15 RCNY 19.1-02.1 - Providing false or misleading information
• 15 RCNY 19.1-01.4 - Failure to protect against accidental discharge
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Miscellaneous Administrative Code/Rule violation
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Any serious Administrative Code/Rule violation
The proposed version of sections 19.1-01 through 19.1-02 of these rules has been published and is expected to be in effect when this penalty schedule goes into effect. These sections relate to the general administration, and enforcement of the industrial and commercial stormwater control program.
Although OATH ECB is empowered to impose penalties under the City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule to DEP’s rules will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY §3-123 was identified as meeting the criteria for this initiative.

Subject: 

Promulgation of Penalties for Violation of Sewer Control Rules

Location: 
DEP 19th Floor FIshbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Projection (“DEP or the “Department”) is proposing a new Chapter 55 to amend Title 15 of the Rules of the City of New York (RCNY) that would establish penalties for violations of Chapter 19.1 of Title 15 of the Rules of the City of New York. The proposed Chapter 19.1 rules are needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), which requires the City to reduce pollutants in stormwater runoff that discharge to the local waterbodies. The NYC MS4 permit was issued by the New York State Department of Environmental Conservation (NYSDEC) on August 1, 2015, in accordance with the federal Clean Water Act.
Chapter 19.1, which is being promulgated under separate rulemaking, enables the Commissioner to protect waters of the state by establishing two new regulatory programs:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in proposed Chapter 19.1, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.

The proposed Chapter 55 penalty schedule is intended to enforce the program described in (ii) above. The fine range is based on the lowest possible permit fee- $3000.00 (1-acre of development) - and the highest allowed by the MS4 legislation. The program described in (i) above will have a separate penalty schedule.

The proposed rules are authorized by section 1043 of the Charter of the City of New York and Chapter 5-A of Title 24 of the Administrative Code.

Subject: 

Stormwater Penalty Schedule.

Location: 
DEP 19 Floor Fishbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 2, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
The Department of Environmental Protection (“DEP” or the “Department”) is proposing rules to amend Title 15 of the Rules of the City of New York (RCNY) by adding a new Chapter 56 that would establish penalties for violations of Chapter 5 and 5-A of Title 24 of the Administrative Code of the City of New York (Administrative Code), Chapter 19 of Title 15 of the RCNY, and Chapter 19.1 of Title 15 of the RCNY.
The proposed rules would establish the Sewer Control Rules Penalty Schedule, to be found at a new Chapter 56 of Title 15 of the RCNY. The proposed rules are, in part, needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), issued by the New York State Department of Environmental Conservation (NYSDEC) on August 1, 2015 pursuant to the federal Clean Water Act.
The NYC MS4 permit requires the City to develop and implement a number of programs to reduce pollutants in certain stormwater discharges to local waterbodies. To that end, DEP has proposed a new Chapter 19.1 of Title 15 of the RCNY, which enables the Commissioner to protect waters of the state by establishing the following two new regulatory programs required by the NYC MS4 permit:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in the rule, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.
The proposed Sewer Control Rules Penalty Schedule is intended, in part, to enforce the program described in (i) above. The program described in (ii) above will have a separate penalty schedule.
The existing Sewer Control Rules Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) at 48 RCNY§ 3-123, will be repealed by OATH ECB on the same day that these proposed rules take effect. The proposed Sewer Control Rules Penalty Schedule is unchanged from the existing rule, except for additional penalties to enforce the following new sections in the proposed new Chapter 19.1 of Title 15 of the RCNY and Chapter 5-A of Title 24 of the Administrative Code:
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final limits for toxic parameter under SPDES Multi-Sector General Permit
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit but less than 10x the limit / Unauthorized discharge
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit and equal to 10x the limit or greater / Significant unauthorized discharge
• 15 RCNY 19.1-02.3 - Refusal to allow inspection/tampering with sampling or testing device
• A.C. 24-573 / 15RCNY 19.1-02.4 - Failure to maintain/submit required record/report
• A.C. 24-585 - Failure to comply with Comm’s Order
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit reporting requirements
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit other than reporting requirements
• 15 RCNY 19.1-01.4 - Failure to comply with Storm Water Pollution Prevention Plan
• 15 RCNY 19.1-02.1 - Providing false or misleading information
• 15 RCNY 19.1-01.4 - Failure to protect against accidental discharge
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Miscellaneous Administrative Code/Rule violation
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Any serious Administrative Code/Rule violation
The proposed version of sections 19.1-01 through 19.1-02 of these rules has been published and is expected to be in effect when this penalty schedule goes into effect. These sections relate to the general administration, and enforcement of the industrial and commercial stormwater control program.
Although OATH ECB is empowered to impose penalties under the City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule to DEP’s rules will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY §3-123 was identified as meeting the criteria for this initiative.

Subject: 

Promulgation of Penalties for Violation of Sewer Control Rules.

Location: 
DEP 19th FLoor Fishbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 10, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Section 24-705 of the New York City Administrative Code (Ad Code) provides that DEP “by regulation shall develop a facility inventory form” (FIF) which is to be filed annually with DEP by facilities in accordance with Ad Code section 24-706 in order to report the presence of certain hazardous substances in facilities.

DEP complied with section 24-705 by promulgating an FIF as Appendix A to the Community Right-to-Know Rules, which are found at Title 15, Chapter 41 of the Rules of the City of New York. However, the FIF which currently appears in Appendix A has not been revised since 1990.

The current FIF needs to be updated for two reasons: First, the United States Environmental Protection Agency (EPA) has amended its hazardous chemical reporting regulations (40 CFR Part 370) to implement the Emergency Planning and Community Right-to-Know Act (EPCRA), as a result of changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). Following EPCRA, to incorporate the adoption of the OSHA HCS in 40 CFR Part 370, the U.S. EPA is replacing the existing five federal hazard categories for list reporting (Section 311) and annual inventory reporting (Section 312) with 24 new physical and health hazard categories. Since the FIF must reflect EPA’s reporting requirements, it must be changed to accommodate these new categories.

Second, Local Law Number 143 for the year 2013 amended Title 24 of the Ad Code by requiring the department to promulgate rules amending the FIF to include (1) any applicable special flood hazard area zone, as established by the Building Code, and Office of Emergency Management coastal storm and hurricane evacuation zone; (2) a certification that hazardous substance storage is in compliance with department rules and all other applicable federal, state, and local laws, rules and regulations; and (3) a description of how such storage takes into account potential flooding and other extreme weather events.

This proposed rule also would make technical corrections to 15 RCNY §§ 41-03 (definitions), 41-05(a) and 41-12(b)(1).

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-705 of the New York City Administrative Code.

Subject: 

Amendment of rules to update the Facility Inventory Form filed with the Department of Environmental Protection DEP under the Community Right-to-Know Law.

Location: 
DEP 1st Floor Haz Mat Conference Room
59-17 Junction Blvd. 1st Floor Haz Mat Conf. Rm.
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, November 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
Under authority granted to it by section 1100 of the Public Health Law and section 24-302 of the New York City Administrative Code, the New York City Department of Environmental Protection (“DEP”) is amending sections 18-12, 18-15 through 18-17, 18-23, 18-26, 18-29, 18-34 through 18-39, 18-61 and 18-82 through 18-84 of its Rules and Regulations for the Protection from Contamination, Degradation and Pollution of the New York City Water Supply and its Sources (“Watershed Regulations”). The purpose of the Watershed Regulations is to protect public health by preventing contamination to and degradation of the City’s surface water supply. The proposed amendments incorporate changes in federal and state law and also address issues that have arisen during administration and enforcement of the Watershed Regulations, which were identified by a number of the interested parties.
The proposed amendments to the Watershed Regulations include revisions to replace the existing approach for evaluating alterations and modifications of subsurface sewage treatment systems – and for determining whether systems that have not been used in some time can be brought back into service – with an approach that focuses primarily on how well the septic system will serve the proposed use, consistent with public health and water quality concerns. The amendments to the Watershed Regulations also include various revisions which relate to the incorporation of the New York State Department of Environmental Conservation (NYSDEC) 2015 State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity. Additionally, the revisions establish a category of small, limited impact projects for which stormwater pollution prevention plans can be simpler, similar to the existing framework for individual residential stormwater permits. The proposed amendments also eliminate the description of the phosphorus offset pilot program, which had a limited term and was completed.
The proposed revisions incorporate standards for holding tanks and portable toilets. DEP will not review and approve holding tanks or portable toilets; rather, these revisions establish standards consistent with applicable State guidance. Furthermore, the proposed revisions reorganize and clarify requirements applicable to the alteration and modification of certain noncomplying regulated activities – i.e., storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities. In addition, DEP proposes to eliminate the “hardship” criterion necessary for obtaining a variance from the Watershed Regulations, which has not proven to further water quality goals.
DEP also proposes to re-issue watershed maps included in Appendix 18-A, based upon updated information from DEP’s LiDAR survey of the watershed. In addition, Appendices 18-B and 18-C will be combined and certain revisions will be incorporated to clarify the standards used for analysis of water quality samples.
The proposed amendments include technical corrections such as substituting more recent versions of publications cited in the Watershed Regulations, updating certain technical terminology, and modifying or changing the order of certain text to improve clarity and intelligibility. Some of the plain language and clarification revisions were identified as part of the retrospective rules review conducted by the Mayor’s Office of Operations.
In addition to these proposed amendments, DEP intends to work closely with NYSDEC as it updates its SPDES General Permit for Stormwater Discharges from Construction Activity, the current version of which will expire in January 2020, and NYSDEC’s related Stormwater Management Design Manual. DEP intends to further amend these rules to incorporate NYSDEC’s 2020 Construction General Permit, and potentially to include other related changes at that time to ensure appropriate stormwater controls based on sound scientific information.
As required by section 1100 of the Public Health Law, DEP will not adopt these amendments until the State Department of Health has approved them.

Subject: 

Amendment of Watershed Regulations

Location: 
NYC DEP 11th Floor Conference Room
59-17 Junction Blvd. 11th Floor
Flushing, NY 11373
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.

The rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.

DEP’s authority for this rule is found in City Charter section 1043 and section 24-716 of the Administrative Code.

DEP received comments concerning the applicability of this rule to utilities, telecommunications providers and hospitals to the effect that it would be burdensome and onerous for such entities to comply with the rule while maintaining essential services during an extreme weather event. In response, DEP has added a provision to the rule exempting hospital, government, utility, and telecommunications entities from complying with the rule in order to maintain essential services.

Effective Date: 
Thu, 11/01/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Laws 10 and 53 of 2018 amended Section 24-219 and 24-220 of the Administrative Code, require the filing of noise mitigation plans that must be made publicly available on the department’s website, as well as requiring noise mitigation rules for interior renovation.

DEP promulgates these rules, as required by section 24-219 and 24-220 to clarify and revise the existing noise construction rules as set forth in 15 RCNY 28-100 et seq. to require that noise mitigation plans must be filed with the department and add a section to the rules that will provide for mitigation techniques to control for interior renovation noise.

DEP received written comments pertaining to the type of noise that requires interior noise mitigation, as well as alternative technology that may be used to reduce noise to levels acceptable under the New York City Noise Control Code (“Noise Code”). As a result of these comments, this rule exempts minimal noise activities and allows an equivalent technology to be used if the mitigation will reduce the sound levels to those permitted by the Noise Code.

Effective Date: 
Thu, 10/18/2018

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