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What is NYC PC § 104.2?

Quick Answer

This section outlines the procedures for addressing non-functioning storm water disposal systems. If the commissioner finds that an approved system is inadequate, repairs may be mandated or alternative disposal methods may be required. This statute applies to property owners with storm water management systems that are not functioning properly.

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

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104.2 Remedies for non-functioning storm water disposal systems.

PC § 104.2

If the commissioner determines that a system of storm water disposal which has been previously approved under the provisions of this code or of previous codes is no longer providing adequate drainage of storm water from a lot or development, the commissioner shall order repair of such system as required by section 28-301.1 of the Administrative Code; or if, in the judgment of the commissioner, repair of such system is not sufficient to ensure adequate drainage of storm water from such lot or development, the commissioner shall order that one of the methods of storm water disposal set forth in Chapter 11 shall be used to provide such drainage. The commissioner may apply to the Board of Standards and Appeals for modification of the certificate of occupancy of any building constructed on such lot or development to require the use of such method.

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