§ 23-04 Insurance, Bonding, Security, and Indemnity Requirements for Private Sewers or Private Drains.
RCNY § 23-04
(a)General requirements.
(1)Duty to continuously maintain required insurance. No person may voluntarily cancel, terminate, modify, or allow to expire or lapse any insurance required by this rule without the prior express written consent of the department and presentation of proof that comparable continuous coverage, as determined by the department, has been secured from another insurer meeting the requirements of this rule. The owner shall present certificates of insurance evidencing continuation of insurance coverage as required by this rule no less than 30 days in advance of the date of cancellation, termination, or expiration of the existing insurance.
(2)Proof of insurance. Proof of insurance as required by this rule shall be made by presentation of a certificate of insurance issued directly by the insurer to the appropriate department borough records office specifying the named insured, the effective dates of each policy, the limits of each policy, the coverage afforded by each policy, and the name and address of the broker and agency for each policy.
(b)Insurance and indemnity requirements for private sewer or private drain construction.
(3)Insurance of subcontractors. The owner shall require that all subcontractors performing work pursuant to a private sewer or private drain construction permit obtain and maintain general liability insurance as required by paragraph (b)(2) of this section and naming the department as the insured. Proof of subcontractor insurance coverage shall be made as required by paragraph (a)(2) of this section.
(c)Insurance and indemnity requirements for drainage proposals incorporating special conditions.
(d)Duty to maintain and security for the maintenance of private sewers or private drains.
(e)Determination of the dollar amount of title insurance, security deposits, and performance or maintenance bonds. The department shall determine the required dollar amount of title insurance, security deposits, and performance or maintenance bonds required by this rule as follows: (1) the dollar amount of the title insurance policy shall be determined on the basis of the following information and documentation submitted by the applicant: (i) a current tax map showing all the tax blocks and Lots involved in the proposed development; (ii) the area and assessed valuations of each lot, land only, fronting the proposed private sewers or private drains; (iii) the schematic layout of the proposed pipes in the streets or sewer easements indicating the length of the pipes; and (iv) the dimensions and total area of the streets and/or sewer easements to be covered by the title insurance policy.
(f)Accident reporting. The owner, applicant, supervising professional engineer or registered architect, or any other person who knows or has reason to know of any accident occurring in connection with any operations related to the construction of a private sewer or private drain and appurtenances thereto, or the relocation of an existing sewer shall make immediate written notice to the department. Such report shall be made whether or not a claim has been or may be made by or against any party to the accident or occurrence causing property damage or bodily injury.
