§ 19-10 General Provisions.
RCNY § 19-10
(a)Delegation of authority. All actions or approvals required by or permitted to the Commissioner pursuant to this chapter may be taken by any Deputy or Assistant Commissioner of the Department or by an authorized representative of the Commissioner or any Deputy or Assistant Commissioner.
(b)Protection from damage.
(1)No unauthorized person shall enter any regulator or other element of the sewerage system and no person shall dispose of or allow to discharge directly or indirectly into the public sewer any material or substance excluded by these Rules and Regulations from the public sewers. No person shall damage or tamper with the operation of any mechanism nor shall any person change the operation of any device without proper authorization from the Commissioner.
(2)No person shall knowingly, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewerage system.
(c)Non-interference with authorized employees. Authorized employees of the Department shall be in charge of the operation of the sewerage system and no person or persons shall interfere with such employees in the performance of their duties nor shall any material which will impair the operation of such system be thrown or placed or cause to be thrown or placed in or about such system, or in or about the parts or appurtenances of the operating machinery, or devices of such system. No person shall in any way interfere with or obstruct the operation of the machinery or devices of such system and no person other than an authorized employee or agent of the Department shall operate or attempt to operate or change the operation of any appurtenance of a sewage treatment works.
(d)(1) An authorized representative of the Department may enter on any property to inspect for compliance with this chapter or Chapter 5 of Title 24 of the Administrative Code or to execute orders of the Commissioner issued pursuant thereto. If entry to such property is denied, the Department may seek judicial authorization, and such representative may enter, pursuant to such authorization. In the event of exigent circumstances, an authorized representative of the Department may enter on any property without such judicial authorization to inspect for compliance with these rules or Chapter 5 of Title 24 of the Administrative Code or to execute orders of the Commissioner issued pursuant thereto. Inspections, pursuant to this paragraph may include observation, sampling and testing as necessary.
(3)Tampering with any device placed within the premises for purposes of sampling or testing shall be a violation of this chapter.
(e)Cooperation by private persons, water companies and public agencies.
(f)Penalties and sanctions. Any person who is in violation of, or fails to comply with any provision of any section of these Regulations or any order or determination issued pursuant to this chapter shall be subject to the fines, penalties and other sanctions provided in § 24-524 of the Administrative Code of the City of New York.
(g)The Commissioner shall cause to be published annually, in a newspaper of general circulation that provides meaningful public notice within the City of New York, a list of persons that, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements, as defined in 40 C.F.R. Part 403.8(f)(2)(viii).
(h)Nothing contained in any section of this chapter shall be deemed to waive any requirement of the New York City Administrative Code or of any other city, state or federal law or regulation. (Amended City Record 2/28/2018, eff. 3/30/2018; amended City Record 2/18/2020, eff. 3/19/2020)
