§ 18-27 — Noncomplying Regulated Activities

§ 18-27 Noncomplying Regulated Activities.

(a) General requirements. (1) A noncomplying regulated activity may be continued except where specifically prohibited from continuing by these rules and regulations. (2) A noncomplying regulated activity shall come into compliance with these rules and regulations where specifically required to do so by these rules and regulations. (3) Should any noncomplying regulated activity cause contamination to or degradation of the water supply, such that the activity is a threat to the life, health, or safety of water supply users, the Commissioner may order that such noncomplying regulated activity conform either in whole or in part to the requirements of these rules and regulations, immediately or within a limited period of time at the Commissioner's discretion, or be discontinued immediately. Any person who receives such an order may request a hearing on such order in the manner provided in 15 RCNY § 18-29. (4) Any owner or operator of a noncomplying regulated activity who was not required by these rules and regulations to notify the Department pursuant to paragraph (1) of subdivision (b) of this section, may request, in writing, a determination from the Department that such property or activity is a noncomplying regulated activity. The written request shall include a description of the property or activity and its location, and the name, telephone number, and email address of a contact person. The Department shall determine, based upon the submission, whether the property or activity is a noncomplying regulated activity, and shall notify the owner or operator of such determination in writing. (b) Subsurface Sewage Treatment Systems. The regulations applicable to discontinuation, and the standards for alteration or modification, of noncomplying regulated activities that are subsurface sewage treatment systems are set forth in 15 RCNY § 18-38(b). (c) Storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities. (1) No noncomplying regulated activity involving storage of hazardous substances, storage of petroleum products, or the siting of junkyards and solid waste management facilities shall be substantially altered or modified without the prior review and approval of the Department. The Department shall review and approve such an alteration or modification in accordance with the standards and procedures set forth in Subchapter F (variances). (i) Such a noncomplying regulated activity may be reduced in size or extent, or replaced with a regulated activity that complies with the provisions of these rules and regulations, without such review and approval provided that such reduction does not cause any increase in any existing discharge or any increase in the potential for contamination to or degradation of the water supply. (2) In the case of storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities, a noncomplying regulated activity must come into compliance with these rules and regulations if, for any reason, there is discontinuation for a period of two consecutive years. If it cannot come into compliance, it must permanently desist. A period of discontinuation shall commence on the date when regular or seasonal use ceases. Incidental or illegal use of an unoccupied structure shall not be sufficient to interrupt a period of discontinuation, and intent to resume a noncomplying regulated activity shall not confer the right to do so. The burden of proof for showing that a noncomplying regulated activity has not been substantially discontinued shall be on the owner or operator. (Amended City Record 10/30/2019, eff. 11/29/2019)