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What is NYC BC § 106.9?

Quick Answer

This section outlines the requirements for applicants seeking permits to construct or repair sewer and catch basin defects outside their property, as mandated by Section 24-526 of the Administrative Code. The Department of Environmental Protection is the enforcing agency. Applies to building owners involved in storm water drainage system work outside property lines.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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106.9 Mandatory sewer and catch basin work required by Section 24-526 of the Administrative Code.

BC § 106.9

In addition to the requirements of Chapter 1 of Title 28, an applicant for a permit who is required pursuant to Section 24-526 of the Administrative Code to construct or repair defects in sewers or catch basins that lie outside the property shall submit certification from the Department of Environmental Protection that the applicant or owner has provided the Department of Environmental Protection with: 1. A performance bond or other security satisfactory to the Department of Environmental Protection and approved as to form by the Law Department for the full cost, as estimated by the Department of Environmental Protection, of constructing the part of the storm water drainage system for such property which shall lie outside the property line and repairing defects in such construction, if and as required by Section 24-526 of the Administrative Code; 2. Any license or other written instrument that the Department of Environmental Protection or the Law Department may reasonably request that gives the Department of Environmental Protection, its agents and contractors and the surety for a performance bond described in Item 1 above the legal right to enter private property to perform the work described in Item 1 above, pursuant to the terms of the performance bond or in accordance with the conditions of acceptance of other security described in Item 1 above, and the legal right to connect to, to extend or to discharge storm water into any private sewer authorized as a point of disposal pursuant to Section 24-526 of the Administrative Code, in the event that the owner of property fails to do so, if and as required pursuant to Section 24-526 of the Administrative Code; 3. Insurance of a kind and in an amount that the Department of Environmental Protection and the Law Department deem satisfactory to insure the city fully for all risks of loss, damage to property or injury to or death of persons to whomever occurring, arising out of or in connection with the performance of all work described in this section.

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