§ 43-1472 Definitions.
RCNY § 43-1472
The following definitions apply to this subchapter, 43 RCNY §§ 43-1470, et seq., unless the text specifically indicates otherwise: Alternate Means of Ventilation. As also defined in 15 RCNY § 24-03, "Alternate Means of Ventilation" means a device that introduces fresh air into a building and thereby allows operable windows to be closed at all times. CEQR. As also defined in 15 RCNY § 24-03, "CEQR" means the City Environmental Quality Review, 62 RCNY Chapter 5. CEQR Determination. As also defined in 15 RCNY § 24-03, "CEQR Determination" means any of the following, issued by the Lead Agency pursuant to CEQR: a determination that a proposed action is Type II, as defined under the State Environmental Quality Review Act (NYCRR Part 617); a negative declaration or conditional negative declaration for an Environmental Assessment Statement; or a final Environmental Impact Statement with respect to which findings are made, including any technical memoranda with respect to such final Environmental Impact Statement. CEQR Technical Manual. As also defined in 15 RCNY § 24-03, "CEQR Technical Manual" means the current City Environmental Quality Review Technical Manual as issued by OEC together with any updates, supplements and revisions thereto. CHASP. As also defined in 15 RCNY § 24-03, "CHASP" means a site-specific construction health and safety plan developed for remediation and construction phases of a project that is designed to protect on-site workers from exposure to known site contaminants. City. As also defined in 15 RCNY § 24-03, "City" means the City of New York. Contamination. As also defined in 15 RCNY § 24-03, "Contamination," "Contaminated," or "to Contaminate" means the effect(s) on a tax lot(s) from hazardous materials, hazardous substances, hazardous wastes and/or petroleum. Day. As also defined in 15 RCNY § 24-03, "Day" means a business day. dBA. As also defined in 15 RCNY § 24-03, "dBA" means a measure of sound as experienced by the human ear. DCP. As also defined in 15 RCNY § 24-03, "DCP" means the New York City Department of City Planning. DEC. As also defined in 15 RCNY § 24-03, "DEC" means the New York State Department of Environmental Conservation. Decibel. As also defined in 15 RCNY § 24-03, "Decibel" or "dB" means the practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure to the pressure of a reference sound. Department or DEP. As also defined in 15 RCNY § 24-03, "Department" or "DEP" means the New York City Department of Environmental Protection. Development. As also defined in 15 RCNY § 24-03, "Development", or "Develop" means: 1. with respect to hazardous materials, the development of a new structure, an enlargement, extension or change of use with respect to an existing structure involving a residential or community facility use, and/or any work on a tax lot(s) that involves soil disturbance, including, but not limited to grading or excavation related to the construction or alteration of a new or existing structure(s) on a tax lot(s), and 2. with respect to air quality and noise, development of a new structure, or a change of use, enlargement, extension or alteration of an existing structure(s) on a tax lot(s). Development Site. As also defined in 15 RCNY § 24-03, "Development Site" means a tax lot(s) located within the area of a proposed Zoning Amendment or Zoning Action and which is proposed to be developed by the applicant for such Zoning Amendment or Zoning Action or which the Lead Agency has identified pursuant to CEQR as likely to be developed as a direct consequence of the Zoning Amendment or Zoning Action. DOB. As also defined in 15 RCNY § 24-03, "DOB" means the New York City Department of Buildings. (E) Designation. As also defined in 15 RCNY § 24-03, "(E) Designation" means the designation of an "E" pursuant to § 11-15 of the Zoning Resolution. Equivalent Sound Level. As also defined in 15 RCNY § 24-03, "Equivalent Sound Level" or "Leq" means a quantification of noise level as a single value for a given period of time. Environmental Assessment Statement. As also defined in 15 RCNY § 24-03, "Environmental Assessment Statement" means a report that describes a proposed development, its location, and a first level analysis of environmental impact areas, the purpose of which is to determine a project's potential effects on the environment. Environmental Impact Statement. As also defined in 15 RCNY § 24-03, "Environmental Impact Statement" means a report that provides a complete analysis of all appropriate environmental impact areas and provides a means for agencies, project sponsors, and the public to consider a project's significant adverse environmental impacts, alternatives, and mitigations. Environmental Restrictive Declaration. As also defined in 15 RCNY § 24-03, "Environmental Restrictive Declaration" means a document recorded against a tax lot(s) in the county office of land records and executed by all Parties-in-Interest to such tax lot(s), setting forth restrictions and enforcement provisions with respect to implementation of environmental requirements regarding hazardous materials, air quality and/or noise arising from the environmental review of zoning actions. EPA. As also defined in 15 RCNY § 24-03, "EPA" means the United States Environmental Protection Agency. Full Build Year. As also defined in 15 RCNY § 24-03, "Full Build Year" means the year of completion for the proposed action as indicated in the EAS or EIS. Hazardous Material. As also defined in 15 RCNY § 24-03, "Hazardous Material" means any material, substance, chemical, element, compound, mixture, solution, product, solid, gas, liquid, waste, byproduct, pollutant, or contaminant which when released into the environment may present a substantial danger to the public health or welfare or the environment, including, but not limited to those classified or regulated as "hazardous" or "toxic" pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 (1995) et seq., the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. §§ 6901 (1995) et seq., the Clean Water Act (CWA), 33 U.S.C. §§ 1251 (1986) et seq., the Clean Air Act (CAA) 42 U.S.C. §§ 7401 (1995) et seq., Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601 (1998) et seq., Transportation of Hazardous Materials Act, 49 U.S.C. §§ 5101 (1997) et seq., the Hazardous Substances Emergency Response Regulations, 15 RCNY Chapter 11, and/or the List of Hazardous Substances, 6 NYCRR Part 597. Hazardous Waste. As also defined in 15 RCNY § 24-03, "Hazardous Waste" means any waste, solid waste or combination of waste and solid waste listed or regulated as a hazardous waste or characteristic hazardous waste pursuant to RCRA, 42 U.S.C. §§ 6901 (1995), et seq. and/or Identification and Listing of Hazardous Wastes, 6 NYCRR Part 371, et seq. Installation Report. As also defined in 15 RCNY § 24-03, "Installation Report" means the report that the applicant submits to OER to demonstrate that the Window/Wall Attenuation, Alternate Means of Ventilation, fuel type and stack location approved in the notice to proceed and installed at the site satisfy the Noise and/or Air Quality (E) Designation. Lead Agency. As also defined in 15 RCNY § 24-03, "Lead Agency" means the agency responsible under CEQR for the conduct of environmental review in connection with a Zoning Amendment or Zoning Action. Ldn. As also defined in 15 RCNY § 24-03, "Ldn" means the equivalent sound level for a 24-hour period with an additional 10 dB imposed on the equivalent sound levels for night time hours between 10 p.m. and 7 a.m. Leq(1). As also defined in 15 RCNY § 24-03, "Leq(1)" means the equivalent continuous sound level that over a 1-hour period of time has the same total energy as the actual fluctuating sound level over a 1-hour period. L10(1). As also defined in 15 RCNY § 24-03, "L10(1)" means the stated sound level that is exceeded 10 percent of the time during a 1 hour period, derived from Lx(t), where "x" is the percentage of time that the sound level has been exceeded and "t" is the total period of time that the sound has been recorded. Noise Descriptor. As also defined in 15 RCNY § 24-03, "Noise Descriptor" means a continuous sound level measured during a noise monitoring test according to an approved Noise Monitoring Protocol. Leq(1), L10(1) and Ldn are Noise Descriptors. Noise Monitoring Protocol. As also defined in 15 RCNY § 24-03, "Noise Monitoring Protocol" means a document prepared by an acoustical specialist describing the conditions, locations, and Noise Descriptors to be used in assessing existing noise levels during a continuous 24-hour period. OEC. As also defined in 15 RCNY § 24-03, "OEC" means the New York City Mayor's Office of Environmental Coordination. OER. As also defined in 15 RCNY § 24-03, "OER" or "Office" means the New York City Mayor's Office of Environmental Remediation. Owner. As also defined in 15 RCNY § 24-03, "Owner" means the person, including their successors or assigns, who is the recorded title holder of a tax lot(s). Parties-in-Interest. As also defined in 15 RCNY § 24-03, "Parties-in-Interest" means any person with an enforceable property interest in a tax lot(s). Person. As also defined in 15 RCNY § 24-03, "Person" means any individual, trust, firm, corporation, joint stock company, association, partnership, consortium, joint venture, commercial entity or governmental entity. Petroleum. As also defined in 15 RCNY § 24-03, "Petroleum" means oil or petroleum of any kind and in any form, including, but not limited to oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline and kerosene. Project Site. As also defined in 15 RCNY § 24-03, "Project Site" means a tax lot(s) that is under the control or ownership of the applicant for the satisfaction and removal of an (E) Designation from the lot(s) and is subject to the proposed Development by such applicant. Qualified Environmental Professional (QEP). As also defined in 15 RCNY § 24-03, "Qualified environmental professional" (QEP) means a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a property or off-site areas, sufficient to meet the objectives and performance factors for the areas of practice identified by this chapter. Such a person must: 1. Hold a current professional engineer's or a professional geologist's license or registration issued by any state, or hold a baccalaureate degree or higher in engineering or geology and have the equivalent of three years of full-time relevant experience in site investigation and remediation of the type detailed in this chapter; or 2. Be a site remediation professional licensed or certified by the federal government, any state or a recognized accrediting agency, to perform investigation or remediation tasks consistent with office guidance, and have the equivalent of three years of full-time relevant experience. Tax Lot. As also defined in 15 RCNY § 24-03, "Tax Lot" means a tax lot identified by parcel number on the official tax maps of the City of New York. Window/Wall Attenuation. As also defined in 15 RCNY § 24-03, "Window/Wall Attenuation" means the sound reduction mandated by the Noise (E) Designation, expressed in dBA and based upon the American Society of Testing and Materials (E-1332.90) Outdoor Indoor Transmission Class (OITC) values of individual components of a building's facade. Zoning Action. As also defined in 15 RCNY § 24-03, "Zoning Action" means an action, such as a special permit, authorization, certification, or variance, pursuant to the provisions of the Zoning Resolution. Zoning Amendment. As also defined in 15 RCNY § 24-03, "Zoning Amendment" means a proposed amendment to the text or maps of the Zoning Resolution, subject to review and approval pursuant to §§ 197-c, 197-d and 200 of the New York City Charter. Zoning Resolution. As also defined in 15 RCNY § 24-03, "Zoning Resolution" means the Zoning Resolution of the City of New York, effective December 15, 1961, as amended from time to time. (Added City Record 2/2/2022, eff. 3/4/2022)
