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What is NYC RCNY § 18-41?

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(a) Siting or horizontal expansion of a junkyard or a municipal solid waste landfill, within the limiting distance of 250 feet of a watercourse or wetland, or the siting or horizontal expansion of a junkyard or a solid waste management facility within the limiting distance of 1,000 feet of a reservoir, reservoir stem o

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Effective: 11/29/2019Last amended: 11/29/2019

§ 18-41 Solid Waste.

RCNY § 18-41

(a)Siting or horizontal expansion of a junkyard or a municipal solid waste landfill, within the limiting distance of 250 feet of a watercourse or wetland, or the siting or horizontal expansion of a junkyard or a solid waste management facility within the limiting distance of 1,000 feet of a reservoir, reservoir stem or controlled lake is prohibited except for: (1) Recyclable handling and recovery facilities that handle non-putrescible solid waste, such as newspapers, magazines, corrugated boxes, glass, cans and plastic, but not non-putrescible solid waste such as batteries, car batteries, and waste oil; (2) Composting facilities for individual households for personal use; or (3) Expansion of the existing permitted municipal solid waste landfill located within Delaware County.

(b)Discharge of solid waste directly into any watercourse, wetland, reservoir, reservoir stem or controlled lake is prohibited. For purposes of this subdivision, solid waste includes materials that are otherwise exempt from compliance with 6 NYCRR Part 360, as described in 6 NYCRR § 360.2(a)(3), unless those materials are irrigation return flows, materials that are used for artificial reefs in compliance with applicable State requirements, or authorized to be discharged to waters of the state pursuant to a valid permit issued by the New York State Department of Environmental Conservation pursuant to Environmental Conservation Law article 15, 17, 24, 25, or 34 or a water quality certification issued under Section 401 of the Federal Water Pollution Control Act. This subdivision shall not apply to discharge of treated leachate in accordance with the requirements of these rules and regulations and a valid SPDES permit.

(c)Only construction and demolition debris that is recognizable uncontaminated concrete, asphalt pavement, brick, soil, stone, trees or stumps, wood chips, or yard waste may be used as fill in the watershed.

(d)All new solid waste management facilities, or altered or modified existing solid waste management facilities within the limiting distance of 300 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake, are required to submit stormwater pollution prevention plans to the Department for review and approval, in accordance with 15 RCNY § 18-39(b)(3)(v). (Amended City Record 10/30/2019, eff. 11/29/2019)

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