§ 21-04 Variances.
RCNY § 21-04
(a)The Commissioner may in his or her discretion, upon written application, grant a variance from the requirements of the rules in this chapter.
(b)Any person applying for a variance must file a notarized application for a variance to the Commissioner. The person must demonstrate, at a minimum, to the satisfaction of the Commissioner, that: (1) compliance with such rules would result in an undue hardship; (2) there are no reasonable alternatives; (3) the person has taken and will continue to take all reasonable measures to conserve water, and will provide a complete description of such measures that have been implemented to achieve reductions and the anticipated water savings; and (4) such variance is not inconsistent with the purpose of such rules.
(c)The Commissioner may grant a variance relieving a person from compliance with any of the requirements of the rules in this chapter. In connection with any variance that may be granted, the Commissioner may impose terms and conditions as deemed appropriate. Requests for variances must be processed in a timely fashion, and determinations must not be unreasonably withheld or delayed. The filing or pendency of a variance application does not relieve any person from complying with any of the requirements of this chapter, including any rules cited in the variance application, and does not grant immunity to any person from any civil or criminal prosecution or sanction under the rules.
(d)Variance application forms may be obtained at 59-17 Junction Boulevard, Flushing, NY 11373, Attention: Office of the General Counsel, or by calling 311.
(e)Appeals.
(1)A person may appeal the denial of a variance, or the imposition of an arbitrary and substantial condition in the grant of a variance, by the Commissioner by filing a notarized petition in writing with the Commissioner and with OATH within thirty (30) days of the date the determination was mailed. The petition must state the name, address and email address of the petitioner and must include a short and plain statement of the matters to be adjudicated, identifying the specific provision of these rules from which the variance is sought, the proposed location of the activity, and the date of the variance determination by the Commissioner. A copy of the determination being appealed must be attached to the petition. In addition, a completed OATH intake sheet must be included with the petition. The Department will provide blank intake sheets upon request.
(2)A person may appeal only the issues of whether the Commissioner abused his or her discretion in denying a request for a variance or in imposing an arbitrary and substantial condition in a grant of a variance.
(3)Upon review of any appeal filed pursuant to this section, the Commissioner may, in his or her discretion, grant a variance relieving a person from compliance with any of the rules in this chapter. In connection with any variance that may be granted, the Commissioner may impose such terms and conditions as deemed appropriate. Appeals must be processed in a timely fashion, and determinations must not be unreasonably withheld or delayed.
(4)The filing of an appeal does not relieve a person from complying with any of the requirements of the rules in this chapter, including any rules cited in the variance application, and does not grant immunity to any person from any civil or criminal prosecution or sanction under the rules. (Amended City Record 4/13/2022, eff. 5/13/2022)
