§ 57-07 Variance Requests.
RCNY § 57-07
(a)Unless otherwise prohibited by Federal, State, or Local law or regulation, the Department may, upon written request from any owner who is subject to these rules, grant a variance from 15 RCNY § 57-05(a)(1). A Variance Request Form is available on the Department's website at www.nyc.gov/DEP, and in person or by mail from the DEP Bureau of Water and Sewer Operations Permitting Office at the address on the Department's website.
(b)An owner wishing to request a variance must submit the completed form to the New York City Department of Environmental Protection, Bureau of Water and Sewer Operations, Permitting Section, at the address on the Department's website. The Variance Request Form must be accompanied by a filing fee in accordance with 15 RCNY § 57-04(b), in the form of a bank check, certified check, or money order made payable to the New York City Water Board.
(c)Every variance request must demonstrate that the proposed means and methods of the drilling and/or excavation will not have any adverse impact on a water tunnel or shaft and will be performed consistently with all of the conditions set forth in these rules. The said demonstration must be signed and stamped by a NYS professional engineer and accompanied by Proof of Insurance in compliance with the conditions outlined in 15 RCNY § 57-06(b).
(d)The Department will issue or deny a variance within sixty (60) days from receipt of a completed request, including receipt of any requested additional information. In granting a variance under this subchapter, the Department may impose additional conditions to ensure that the drilling and/or excavation does not cause any significant adverse impact on the public health, safety, or welfare, on the environment, or on natural resources. (Added City Record 7/22/2019, eff. 8/21/2019)
