§ 19-02 Disposal of Wastewater, Stormwater and Groundwater.
RCNY § 19-02
(a)Except with the written approval of the Commissioner and in compliance with the terms and conditions of such approval, no stormwater outlet such as from a building, yard, or catch basin, nor any drain from a body of water such as a lake, swamp, pond or swimming pool shall be connected to a public sewer, or to a private sewer connected to a public sewer, or to an interceptor-collector.
(b)No stormwater shall be allowed to enter a building drainage system within any area served by a separate sanitary sewer. Within any such area, no down spout or leader, gutter or other pipe, drain or channel which may at any time carry stormwater, subsurface drainage derived from hydraulic pressure or from well points, cooling water, or sea water shall be connected to any sanitary sewer. No down spout or leader shall be used as a soil, waste or vent pipe. Every joint in the connection of a building drain to a sanitary sewer must be made watertight so that no leakage into or from any such drain shall occur.
(c)No person shall discharge or cause to be discharged, directly or indirectly, into any storm sewer any substance other than stormwater or allowable runoff.
(d)(1) No connection to the sewerage system including but not limited to conveyance through hard pipe, hose, or channel shall be made without the written approval of the Commissioner and compliance with the terms and conditions of such approval.
(2)The owner of any parcel of real property with an unauthorized connection to the sewerage system shall be liable for removing any such connection, and if needed, for reconnecting to a proper sewer as authorized, directed, or ordered by the Commissioner, and for all associated costs and expenses.
(3)The Commissioner, when circumstances may warrant, may direct the Department to undertake such disconnection and/or reconnection in lieu of said owner, the costs and expenses of which shall become due and payable by the owner and shall constitute a lien against such property in the manner described in § 24-512 of the Administrative Code.
(4)Pursuant to 15 RCNY § 19-10(d)(1) and (d)(2), the Commissioner, his or her deputies and any other employees of the Department, when authorized by such Commissioner, may enter upon such property and bring in the necessary equipment at reasonable hours, for the purpose of exercising the powers or performing the duties of the Department under this section. Refusal to permit such entry or bring in such necessary equipment shall be a violation of these regulations.
(e)(1) No person shall discharge or cause to be discharged, directly or indirectly, into any catch basin or manhole any substance other than stormwater or allowable runoff.
(f)(1) (i) No person shall discharge, or cause to be discharged, directly or indirectly, groundwater into a public sewer without a groundwater discharge permit from the Department's Bureau of Customer Services; provided that no person shall discharge, or cause to be discharged, directly or indirectly, over 10,000 gallons per day of groundwater, into a public sewer without a letter of groundwater quality approval from the Department's Bureau of Wastewater Treatment, a letter of approval contingent upon a review of the capacity and capabilities of the receiving sewer from the Department's Bureau of Water and Sewer Operations, and a groundwater discharge permit from the Department's Bureau of Customer Services.
(ii)Such letters of approval are also required for groundwater discharges of 10,000 gallons per day or less when the applicant's New York State Professional Engineer determines that such groundwater may contain any materials or substances prohibited or regulated by any provision of this title.
(iii)For groundwater discharges of 10,000 gallons per day or less that are in compliance with these Rules, the Commissioner may allow a New York State Professional Engineer to submit a statement on a form provided by the Department certifying that representative groundwater samples have been collected and that they have been properly handled, preserved, and analyzed in accordance with 40 C.F.R. Part 136, or, if 40 C.F.R. Part 136 does not cover the pollutant in question, in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," and that the analysis of such samples by a New York State Health Department certified wastewater laboratory shows compliance with the toxic discharge limits set by the Commissioner pursuant to 15 RCNY § 19-03(a)(11)(ii). The owner of the premises is required to maintain the laboratory results for said analysis for a minimum of either five years or such longer period as may be required by other applicable laws or regulations, and must make them available to the Department upon request.
(iv)The owner and/or operator of the premises from which the groundwater originates shall remain liable for what is discharged into the public sewer, and shall be subject to the applicable fines, penalties and other sanctions provided in § 24-524 of the Administrative Code of the City of New York if such discharge is not in compliance with applicable provisions of the Administrative Code and Rules of the Department.
(v)No such self-certification shall be deemed to waive, nor shall any such self-certification be held to limit the power of the Commissioner to enforce any requirements of these or any other regulations, or of the Administrative Code or of any other law. The Department shall not incur any liabilities or obligations for the failure of the discharge from such self-certified premises to comply with this chapter or any other regulations, the Administrative Code or any other law.
(vi)Any groundwater discharges to a storm sewer which discharges directly to a receiving water, regardless of the amount, shall require a State Pollution Discharge Elimination System (SPDES) permit, a non-jurisdictional determination letter, or such other written approval as may be required from the New York State Department of Environmental Conservation in addition to a groundwater discharge permit from the Department's Bureau of Customer Services, and if over 10,000 gallons per day, a letter of approval contingent upon a review of the capacity and capabilities of the receiving sewer from the Department's Bureau of Water and Sewer Operations.
(g)The Commissioner may approve an application for a groundwater discharge permit and/or letters of approval upon demonstration by the applicant, satisfactory to the Commissioner, that: (1) substantial property damage will result unless such groundwater is removed; (2) there are no feasible alternative methods of disposal; (3) allowing the discharge will not overload the hydraulic capacity of the sewer; (4) such discharge will not cause an unacceptable dilution of the influent to the wastewater resource recovery facility receiving the groundwater discharge, so as not to adversely impact the facility's operation; and (5) such discharge will be temporary.
(h)(1) Permits and/or letters of approval for the temporary discharge of groundwater into storm sewers shall require, at a minimum, compliance with the following conditions: (i) the discharger must develop and implement, pursuant to a schedule set by the Commissioner, an alternative method of disposal, unless the applicant demonstrates to the satisfaction of the Commissioner that no such alternative method of disposal exists or can be developed or implemented; (ii) the discharger must indemnify and hold the City of New York harmless for any damage or liability incurred by the City of New York either directly or indirectly, in the event that the discharge results in overloading the capacity of such storm sewer, or otherwise causes flooding, and shall also post and maintain such cash or surety bond as may be required and will be satisfactory to the Commissioner and must supply evidence of such bond when required; (iii) the discharger must pay a sewer use fee or charge equivalent to the one imposed by the Department pursuant to § 24-514 of the Administrative Code; (iv) the discharger must install a flow meter to measure the flow of groundwater to the storm sewer.
(i)A permit and/or letters of approval issued by the Commissioner for the temporary discharge of groundwater, unless sooner terminated or revoked; is effective for one year. The permit and/or letters of approval may be renewed by the Commissioner thereafter for additional one-year periods upon new application by the discharger.
(j)General application for non-stormwater discharges into storm sewers.
(1)Notwithstanding any other provision of this chapter, any person may apply to the department for written approval to discharge a substance other than stormwater or groundwater into a storm sewer in accordance with the requirements of this subdivision.
(5)The Commissioner may impose such terms and conditions that he or she deems necessary to protect the sewer system, the surface waters of the state, or to protect the public health or the environment.
(6)The applicant may file with the Commissioner a written appeal of a denial of an application submitted, pursuant to Paragraph (1) of this subdivision or of the terms or conditions of a written approval imposed, pursuant to Paragraph (5) of this subdivision. Such appeal must be filed within 30 days of the determination on the application. Appeals shall be reviewed by the Department and a final determination regarding the appeal shall be made within a reasonable period of time.
(7)If the terms or conditions of a written approval are not complied with at all times, the written approval may be revoked upon notice to the discharger and an opportunity to be heard, except that the Department may, upon a finding that the continued discharge presents an imminent harm to public health or safety or to the environment, immediately revoke such written approval without prior notice. In such case, the Commissioner shall forthwith notify the individual of such revocation, the reasons for such revocation and that the individual has the right to request a hearing within a reasonable period of time. (Amended City Record 2/28/2018, eff. 3/30/2018; amended City Record 2/18/2020, eff. 3/19/2020)
