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What is NYC AC § 24-529?

Quick Answer

This section establishes standards for car wash operations, including definitions for applicants and car washes. It mandates that applicants maintain specific records regarding water sources, wastewater management, and chemical usage for a minimum of three years. Applies to businesses seeking to operate a car wash in New York City.

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§ 24-529 Car wash, standards.

AC § 24-529

a. Definitions. For purposes of this section: Applicant. The term "applicant" means any individual, partnership, corporation, limited liability company, joint venture, association or other business entity that seeks a license or renewal of a license to engage in the operation of a car wash. Car wash. The term "car wash" means any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that engages in the cleaning of vehicles, including washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles. "Car wash" shall not include: 1. any business entity that is engaged in selling, leasing, renting or repairing motor vehicles, where car washing is ancillary to the primary business of such entity; 2. any self-service facility for washing vehicles, where the facility's employees do not provide assistance to customers in the cleaning of vehicles, such as washing, detailing, drying, polishing, vacuuming or otherwise providing cosmetic care to vehicles, including businesses such as convenience stores, gas stations and oil change facilities, where car washing is ancillary to the primary business of the facility; 3. any person that engages in the cleaning of vehicles on an intermittent basis to raise funds for a not-for-profit organization; or 4. any federal, state or local governmental agency. b. Prior to filing an application for a license or renewal of a license to operate a car wash pursuant to subchapter 33 of chapter 2 of title 20 of this code, an applicant shall certify to the commissioner that the following information, in a form and method prescribed by the commissioner, will be maintained by the applicant at its principal place of business for a minimum of three years, and such information shall be made available to the department or the department of consumer and worker protection upon request: 1. The source from which the applicant draws or will draw its water, whether from the public water supply, well water or other source; 2. For renewal applicants, the amount of water drawn from public sources each month since the applicant last filed an application; 3. Construction drawings and as-built plans, meaning the final set of drawings produced at the completion of construction, of any oil/water separator system or sand interceptor, attesting to the volume of the system and to the maximum flow of wastewater that the system can filter and otherwise clarify efficiently; 4. Written certification that the applicant has regularly removed, in accordance with the respective manufacturer's specifications, oil, sediment and other residues that may be regulated by the commissioner pursuant to department rules regarding sewer use from its oil/water separator system and sand interceptor, as well as the method or methods used to remove and dispose of such oil, sediment and other residues, and for renewal applicants, the frequency of such removal and disposal since the applicant last filed an application; 5. Written certification that the applicant has complied with the rules of the department regarding testing and reporting with respect to all backflow prevention devices; 6. A logbook of monitoring and inspection results and repair and maintenance activities with regard to oil/water separators, sand interceptors and other pretreatment devices or systems, and backflow prevention devices, since the applicant last filed an application, provided that an applicant for a new car wash shall begin maintaining such information between sixty and ninety days of commencement of operations after receiving a license from the department of consumer and worker protection pursuant to section 20-541 of this code; and 7. Material safety data sheets or safety data sheets that indicate the chemicals used in the operation of the car wash, where such material safety data sheets or safety data sheets are required by federal, state or local law, rule or regulation. (L.L. 2015/062, 6/29/2015, eff. 12/26/201; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/062 and L.L. 2020/080.

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