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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 29, 2017
Proposed Rules Content: 

 

Statement of Basis and Purpose

The proposed rule would regulate the design, construction, installation, alteration, maintenance and operation of individual private on-site sewage disposal systems  when a permit is also issued for the construction or alteration of a building.

This proposed rule is needed because the current individual private on-site sewage disposal system requirements are found in numerous locations and need to be updated and consolidated.

Existing Requirements

Installation of individual private on-site sewage disposal systems is currently governed by the New York City Charter (the Charter), the New York City Plumbing Code and a number of different entities, including:

  • the New York City Department of Environmental Protection (DEP),
  • the Department of Buildings (DOB)
  • the New York State Department of Environmental Conservation (DEC),
  • the New York City Department of Health and Mental Hygiene (DOHMH), and,
  • the New York State Department of Health (NYS DOH).

The text below describes the various areas of regulation overseen by these different entities. 

  1. Section 643(5)(iii) of the Charter provides that DOB may approve the installation of and issue a permit for the construction of an individual private on-site sewage disposal systemin conjunction with the issuance of a permit for the construction of a building and may prescribe standards and specifications, in consultation with DEP, for the installation of such systems.
  2. Section PC 105.6(2) of the Plumbing Code provides that in conjunction with the issuance of a permit for the construction or alteration of a structure within the curb line, DOB may issue a permit for connection with a sewer or drain. PC 701.2 allows individual private on-site sewage disposal systems to be installed where neither a sanitary nor a combined sewer is available to which connection is feasible.
  1. New York State Environmental Conservation Law Section 17-0803 states that a State Pollutant Discharge Elimination System (SPDES) permit from DEC is required for the construction and operation of a disposal system, except that per 6 NYCRR Section 750-1.5(a)(4)(i), DEC’s approval is not required for the construction and use of a new or modified disposal system whose total discharge to the ground water is less than 1,000 gallons per day of sewage wastewater containing no industrial or non-sewage wastes.
  1. Per 24 RCNY 143.11 of the New York City Health Code, no individual private on-site sewage disposal system is allowed to serve subdivision realty developments with 15 or more dwellings unless DOHMH determines that it is more practicable to construct individual systems rather than a community system, because of physical or engineering difficulties, estimated cost of construction or other pertinent considerations. Therefore, prior to DOB’s construction document approval for an individual private on-site sewage disposal system serving a tax or zoning lot that contains 15 or more dwelling units, an applicant must submit to DOB a determination from the DOHMH that an individual private on-site sewage disposal system is allowed. Without such a determination from DOHMH, applicants must obtain from DOHMH a permit to construct and maintain a community private sewage disposal system for the disposal of sewage from all of the dwellings within the subdivision development.
  1. Pursuant to Public Health Law Section 201, NYS DOH regulates sanitary aspects of sewage disposal and controls the pollution of state waters. NYS DOH regulations in 10 NYCRR Part 75 and Appendix 75-A set forth the minimum standards acceptable in New York State for individual sewage treatment systems. However, jurisdiction over the design and construction of individual sewage treatment systems serving residential properties in quantities of less than 1,000 gallons per day, including the authority to grant general, specific and local waivers from Appendix 75-A standards, was transferred by the NYS DOH to DOB pursuant to a letter dated June 7, 1996. Therefore, NYS DOH’s approval is not required for such systems.
  1. The current individual private on-site sewage disposal system requirements are found in the DEP Interim Procedure for Individual On-Site Wastewater Disposal Systems dated April 9, 1991, Reference Standard RS 16 Section P113.0 of the 1968 New York City Building Code and in Operations Policy and Procedure Notice #6/99 (RS 16).

Rule Amendments

The proposed rule:

  • modifies existing standards to promote safer and more reliable individual private on-site sewage disposal systems consistent with the minimum state standards,
  • is more user-friendly and easier to navigate, and,
  • repeals RS 16 relating to plumbing, drainage and gas piping because all requirements contained therein have been incorporated into this rule and the Plumbing Code. (Provisions of RS 16 relating to individual private on-site sewage disposal systems will continue to be enforced by the Department pending the promulgation of this rule.) 

The Department of Buildings’ authority to promulgate this rule and repeal RS 16 is found in sections 643 and 1043 of the New York City Charter, section 104.1 of the New York City Plumbing Code and section 28-103.19 of the Administrative Code.

New material is underlined.



Subject: 

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Location: 
Department of Buildings
280 Broadway, 3rd floor conference room
New York, NY 10007
Contact: 

No contact