§ 167.07 New Construction, Major Renovation or Modification.
RCNY § 167.07
No major alteration, renovation or modification shall be made in a bathing beach unless a written description of the alteration or repair or addition is submitted to and approved by the Department in writing prior to commencing work. Repair or remodeling of an existing permitted bathing beach shall be in compliance with the design and construction requirements in this Article. Prior to adapting a water body for use by siting or constructing a public bathing beach, and prior to major renovation or modification of a existing bathing beach, the Department shall review and approve the following: (a) Engineering Plans, Specifications and Engineering Reports. Every owner, personally or through his or her engineer or architect, shall submit to the Department engineering plans, specifications and engineer's report covering construction, major alteration or modification of the bathing beach prior to the start of construction. Plans, specifications, and reports shall be prepared by an engineer or architect licensed to practice in the State of New York, and shall include at least the following: (1) A Scope of Work Letter. The letter shall include a detailed discussion of the proposed work to be performed; (2) Engineering plans. Three identical sets of engineering plans each bearing the seal and signature of an engineer or architect licensed to practice in the State of New York. The plans shall include the layout of the bathing beach, including, but not limited to: dimensions, bathhouses, access roads, parking, building, water supplies, sanitary and storm sewers, electrical and telephone services; and (3) Specifications. One set of complete specifications for the construction of the bathing beach.
(b)Supplemental Information. An application shall be accompanied by any supplemental information, evidence, or documentation that the Department deems necessary.
(c)Proposed Bathing Beaches. In addition to the requirements set forth in subsections (a) and (b) of this section, an application to locate and/or construct a public bathing beach shall include, but not be limited to, the following: (1) Site Assessment. A site assessment must include the following information: (A) Watershed Map. A detailed map depicting the waterbody and watershed, including but not limited to existing wastewater treatment plant discharge points, combined sewer overflow discharges, septic systems, storm sewer outfalls, agricultural runoff, landfills, commercial or industrial drainage, or other facilities that may have an impact on water quality, adjacent land use and major physical contour, highways, etc. The extent of the watershed to be mapped should be based upon knowledge of the characteristics of the watershed. All potential sources of pollution and wastewater discharge points must be shown on the map. (B) Plot Map. A map drawn to scale, showing bathing beach location, dimensions, contours, existing land use and wastewater discharge points within 10,000 feet of the proposed beach unless otherwise required by the Department. (C) Water Level. Seasonal or anticipated water level variation. If auxiliary water to augment low flow is planned, source, location and flowrate shall be described. (D) Sources of Contamination. Evaluation of: (i) type and size of existing and potential sources of contamination, volume, occurrence and concentration level of materials in the effluent that may be of potential hazard to the bathers, and (ii) the potential for additional contamination after a significant rainfall event. (E) Weather and Topographical Influences. Prevailing wind direction during the bathing season, rainfall, topography, or environmental factors including current measurements. (F) Water Quality. A history of the bacteriological quality, pH, and the turbidity of the proposed body of water shall be researched from all possible sources. The results of at least one set of representative bacterial samples, each week for a period of eight weeks shall be included. Eight sets of samples shall include at least one set after heavy rains consisting of daily samples for a five-day period. (G) Physical and Chemical. The physical and chemical quality of bathing water, including color, odor, floatable debris, oils and greases, high turbidity and other substances that can potentially present a public health threat. Except at ocean beaches, it shall be possible to see an eight inch black-and-white disk in four feet of water. Clarity tests should be performed at four-foot depth in the bathing area at a minimum of three different locations. A map depicting test locations, dates of sampling, and current conditions should be submitted. (H) Biological. The biological quality of the bathing water, including vegetation types, infectious snails, bird nesting areas, and poisonous or dangerous aquatic organisms. (I) Fishing, Boating and Canoeing. Location and level of boat traffic, number of vessels with marine sanitation devices, marinas or boat dockage areas, and any canoeing activity or fishing.
(2)Bathymetry. Bathing area boundaries, bottom slopes and material including high and low tide lines, and depth lines at mean high tide on a 5-foot contour.
(3)Emergency Services. Location relative to service facilities, such as medical, fire and police protection and communication.
(4)Capacity. Maximum and average bathing loads.
(5)Any other information that may impact the health or safety of bathers.
(d)Certification. Prior to operation of a new facility or equipment, the applicant must submit to the Department a construction compliance certificate prepared and signed by a professional engineer or architect licensed to practice in New York State. This certificate must include a written statement that the bathing beach and the building(s) and all appurtenances have been constructed in accordance with plans and specifications approved by the Department.
(e)Construction Compliance Inspection. The applicant shall notify the Department of the completion of construction, modification, alteration or addition in order to schedule a required compliance inspection. Approval for a construction compliance inspection will be granted when all of the required items are completed to the Department's satisfaction.
(f)Permit Conditions. Approval certificates or permits from other permit issuing agencies, if applicable or required by the Department.
