§ 4-38 Interim Siting Restrictions for New or Expanded Putrescible Solid Waste Transfer Stations.
RCNY § 4-38
(a)Notwithstanding the provisions of 16 RCNY § 4-14, 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 putrescible solid waste transfer station, as defined in 16 RCNY § 4-11, that was not lawfully operating on March twenty-first, two thousand three.
(b)1) During the period from March twenty-first, two thousand three through October twentieth, two thousand four, the Department may authorize a putrescible solid waste transfer station that is not located in either Brooklyn Community District 1 or Bronx Community District 2 and that was lawfully operating on March twenty-first, two thousand three, to increase its lawful permitted capacity.
(2)Notwithstanding the provisions of 16 RCNY § 4-14, during the period from March twenty-first, two thousand three through October twentieth, two thousand four, the Department shall not authorize the owner/operator of a putrescible solid waste transfer station that is located in either Brooklyn Community District 1 or Bronx Community District 2 to increase its lawful permitted capacity, provided that the Department may authorize the owner/operator of any such transfer station that was lawfully operating on March twenty-first, two thousand three to increase its lawful permitted capacity where such owner/operator reduces or obtains a reduction in the lawful permitted capacity at another putrescible or non-putrescible solid waste transfer station within the same community district by an equal or greater amount.
(c)Notwithstanding subdivisions (a) and (b) of this section, the Department may (1) authorize the operation of a new intermodal solid waste container facility that handles putrescible solid waste, provided that (i) such new facility is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, (ii) the putrescible solid waste at such facility is in closed, leak-proof containers at all times, including during receipt, storage and removal, (iii) the containers are acceptable to the Department and maintained in a safe, nuisance-free manner, and (iv) the containers are removed by rail or vessel; or (2) issue a new permit to a putrescible solid waste transfer station that receives putrescible solid waste, provided that (i) such new transfer station is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, and (ii) the putrescible solid waste received is subsequently transported from the transfer station by rail or vessel.
(d)During the period from March twenty-first, two thousand three through October twentieth, two thousand four, each putrescible solid waste transfer station that is located in either Brooklyn Community District 1 or Bronx Community District 2 that is permitted to operate under subdivision (c)(2) of this section, shall be required to reduce or obtain a reduction in the lawful permitted capacity at another putrescible or non-putrescible solid waste transfer station within the same community district by an equal or greater amount.
(e)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.
