§ 4-36 Interim Siting Restrictions for New or Expanded Construction and Demolition Debris Transfer Stations.
RCNY § 4-36
(a)Notwithstanding the provisions of 16 RCNY § 4-05, no new permit or authorization to operate shall be issued by the Department during the period from March twenty-first, two thousand three through October twentieth, two thousand four, for a construction and demolition debris transfer station, as defined in 16 RCNY § 4-01, that was not lawfully operating on March twenty-first, two thousand three, nor may any construction and demolition debris transfer station be authorized during such period to increase its lawful permitted capacity.
(b)Notwithstanding subdivision (a) of this section, the Department may issue to a construction and demolition debris transfer station that was lawfully operating on March twenty-first, two thousand three a permit to convert some or all of its lawful permitted capacity to putrescible solid waste.
(c)Notwithstanding subdivision (a) of this section, the Department may authorize the operation of a new intermodal solid waste container facility that handles construction and demolition debris, provided that (1) such new facility is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, (2) the construction and demolition debris at such facility is in closed, leak-proof containers at all times, including during receipt, storage and removal, (3) the containers are acceptable to the Department and maintained in a safe, nuisance-free manner, and (4) the containers are removed by rail or vessel.
(d)This section shall expire on the twentieth day of October, two thousand four, provided that if permanent siting rules promulgated pursuant to subdivision (b) of § 16-131 of the administrative code of the city of New York take effect before such date, then this section shall expire on the date such permanent siting rules take effect.
