15 RCNY § 24-01 Authority.
§ 24-01 Authority.
This chapter is promulgated pursuant to Sections 15(e), 1403 and 1404 of the Charter and in accordance with § 11-15 of the Zoning Resolution of the City of New York.
[Contamination of Tax Lot by Hazardous Materials or Hazardous Waste; Placement and Removal of an (E) Designation on Tax Lot in Connection with Zoning Map Amendment]
RCNY tit. 15, ch. 24
in effect15 RCNY § 24-02 Applicability.
§ 24-02 Applicability.
This chapter shall apply in connection with any review or determination pursuant to City Environmental Quality Review (CEQR) of any Zoning Amendment or Zoning Action subject to review and approval pursuant to Sections 197-c and 197-d of the Charter where one or more tax lots in the area subject to the Zoning Amendment or Zoning Action have been identified by the Lead Agency as likely to be developed as a direct consequence of the action.
(Amended City Record 5/13/2024, eff. 6/12/2024)
15 RCNY § 24-03 Definitions.
§ 24-03 Definitions.
The following definitions shall apply to this chapter, 15 RCNY §§ 24-01 et seq., unless the text specifically indicates otherwise:
Alternate Means of Ventilation. "Alternate Means of Ventilation" means a device that introduces fresh air into a building and thereby allows operable windows to be closed at all times.
CEQR. "CEQR" means the City Environmental Quality Review, Chapter 5 of Title 62 of the Rules of the City of New York.
CEQR Determination. "CEQR Determination" means any of the following, issued by the Lead Agency pursuant to CEQR: a determination that a proposed action is Type II, as defined under the State Environmental Quality Review Act (NYCRR Part 617); a negative declaration or conditional negative declaration for an Environmental Assessment Statement; or a final Environmental Impact Statement with respect to which findings are made, including any technical memoranda with respect to such final Environmental Impact Statement.
CEQR Technical Manual. "CEQR Technical Manual" means the current City Environmental Quality Review Technical Manual as issued by OEC together with any updates, supplements and revisions thereto.
CHASP. "CHASP" means a site-specific construction health and safety plan developed for remediation and construction phases of a project that is designed to protect on-site workers from exposure to known site contaminants.
City. "City" means the City of New York.
Contamination. "Contamination," "Contaminated," or "to Contaminate" means the effect(s) on a tax lot(s) from hazardous materials, hazardous substances, hazardous wastes and/or petroleum.
Day. "Day" means a business day.
dBA. "dBA" means a measure of sound as experienced by the human ear.
DCP. "DCP" means the New York City Department of City Planning.
DEC. "DEC" means the New York State Department of Environmental Conservation.
Decibel. "Decibel" or "dB" means the practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure to the pressure of a reference sound.
Department or DEP. "Department" or "DEP" means the New York City Department of Environmental Protection.
Development. "Development", or "Develop" means:
1. with respect to hazardous materials, the development of a new structure, an enlargement, extension or change of use with respect to an existing structure involving a residential or community facility use, and/or any work on a tax lot(s) that involves soil disturbance, including, but not limited to grading or excavation related to the construction or alteration of a new or existing structure(s) on a tax lot(s), and
2. with respect to air quality and noise, development of a new structure, or a change of use, enlargement, extension or alteration of an existing structure(s) on a tax lot(s).
Development Site. "Development Site" means a tax lot(s) located within the area of a proposed Zoning Amendment or Zoning Action and which is proposed to be developed by the applicant for such Zoning Amendment or Zoning Action or which the Lead Agency has identified pursuant to CEQR as likely to be developed as a direct consequence of the Zoning Amendment or Zoning Action.
DOB. "DOB" means the New York City Department of Buildings.
(E) Designation. "(E) Designation" means the designation of an "E" pursuant to § 11-15 of the Zoning Resolution.
Environmental Assessment Statement. "Environmental Assessment Statement" means a report that describes a proposed development, its location, and a first level analysis of environmental impact areas, the purpose of which is to determine a project's potential effects on the environment.
Environmental Impact Statement. "Environmental Impact Statement" means a report that provides a complete analysis of all appropriate environmental impact areas and provides a means for agencies, project sponsors, and the public to consider a project's significant adverse environmental impacts, alternatives, and mitigations.
Environmental Restrictive Declaration. "Environmental Restrictive Declaration" means a document recorded against a tax lot(s) in the county office of land records and executed by all Parties-in-Interest to such tax lot(s), setting forth restrictions and enforcement provisions with respect to implementation of environmental requirements regarding hazardous materials, air quality and/or noise arising from the environmental review of zoning actions.
EPA. "EPA" means the United States Environmental Protection Agency.
Equivalent Sound Level. "Equivalent Sound Level" or "Leq" means a quantification of noise level as a single value for a given period of time.
Full Build Year. "Full Build Year" means the year of completion for the proposed action as indicated in the EAS or EIS.
Hazardous Material. "Hazardous Material" means any material, substance, chemical, element, compound, mixture, solution, product, solid, gas, liquid, waste, byproduct, pollutant, or contaminant which when released into the environment may present a substantial danger to the public health or welfare or the environment, including, but not limited to those classified or regulated as "hazardous" or "toxic" pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 (1995) et seq., the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. §§ 6901 (1995) et seq., the Clean Water Act (CWA), 33 U.S.C. §§ 1251 (1986) et seq., the Clean Air Act (CAA) 42 U.S.C. §§ 7401 (1995) et seq., Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601 (1998) et seq., Transportation of Hazardous Materials Act, 49 U.S.C. §§ 5101 (1997) et seq., the Hazardous Substances Emergency Response Regulations, 15 RCNY Chapter 11, and/or the List of Hazardous Substances, 6 NYCRR Part 597.
Hazardous Waste. "Hazardous Waste" means any waste, solid waste or combination of waste and solid waste listed or regulated as a hazardous waste or characteristic hazardous waste pursuant to RCRA, 42 U.S.C. §§ 6901 (1995), et seq. and/or Identification and Listing of Hazardous Wastes, 6 NYCRR Part 371, et seq.
HVAC. "HVAC" means Heating, Ventilation, and Air Conditioning System.
Installation Report. "Installation Report" means the report that the applicant submits to OER to demonstrate that the Window/Wall Attenuation, Alternate Means of Ventilation, fuel type and stack location approved in the notice to proceed and installed at the site satisfy the Noise and/or Air Quality (E) Designation.
Lead Agency. "Lead Agency" means the agency responsible under CEQR for the conduct of environmental review in connection with a Zoning Amendment or Zoning Action.
Ldn. "Ldn" means the equivalent sound level for a 24-hour period with an additional 10 dB imposed on the equivalent sound levels for night time hours between 10 p.m. and 7 a.m.
Leq(1). "Leq(1)" means the equivalent continuous sound level that over a 1-hour period of time has the same total energy as the actual fluctuating sound level over a 1-hour period.
L10(1). "L10(1)" means the stated sound level that is exceeded 10 percent of the time during a 1 hour period, derived from Lx(t), where "x" is the percentage of time that the sound level has been exceeded and "t" is the total period of time that the sound has been recorded.
Noise Descriptor. "Noise Descriptor" means a continuous sound level measured during a noise monitoring test according to an approved Noise Monitoring Protocol. Leq(1), L10(1) and Ldn are Noise Descriptors.
Noise Monitoring Protocol. "Noise Monitoring Protocol" means a document prepared by an acoustical specialist describing the conditions, locations, and Noise Descriptors to be used in assessing existing noise levels during a continuous 24-hour period.
OEC. "OEC" means the New York City Mayor's Office of Environmental Coordination.
OER. "OER" or "Office" means the New York City Mayor's Office of Environmental Remediation.
Owner. "Owner" means the person, including their successors or assigns, who is the recorded title holder of a tax lot(s).
Parties-in-Interest. "Parties-in-Interest" means any person with an enforceable property interest in a tax lot(s).
Person. "Person" means any individual, trust, firm, corporation, joint stock company, association, partnership, consortium, joint venture, commercial entity or governmental entity.
Petroleum. "Petroleum" means oil or petroleum of any kind and in any form, including, but not limited to oil, petroleum, fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline and kerosene.
Project Site. "Project Site" means a tax lot(s) that is under the control or ownership of the applicant for the satisfaction and removal of an (E) Designation from the lot(s) and is subject to the proposed Development by such applicant.
Qualified Environmental Professional (QEP). "Qualified environmental professional" (QEP) means a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a property or off-site areas, sufficient to meet the objectives and performance factors for the areas of practice identified by this chapter. Such a person must:
1. Hold a current professional engineer's or a professional geologist's license or registration issued by any state, or hold a baccalaureate degree or higher in engineering or geology and have the equivalent of three years of full-time relevant experience in site investigation and remediation of the type detailed in this chapter; or
2. Be a site remediation professional licensed or certified by the federal government, any state or a recognized accrediting agency, to perform investigation or remediation tasks consistent with office guidance, and have the equivalent of three years of full-time relevant experience.
Tax Lot. "Tax Lot" means a tax lot identified by parcel number on the official tax maps of the City of New York.
Window/Wall Attenuation. "Window/Wall Attenuation" means the sound reduction mandated by the Noise (E) Designation, expressed in dBA and based upon the American Society of Testing and Materials (E-1332.90) Outdoor Indoor Transmission Class (OITC) values of individual components of a building's facade.
Zoning Action. "Zoning Action" means an action, such as a special permit, authorization, certification, or variance, pursuant to the provisions of the Zoning Resolution.
Zoning Amendment. "Zoning Amendment" means a proposed amendment to the text or maps of the Zoning Resolution, subject to review and approval pursuant to Sections 197-c, 197-d and 200 of the Charter.
Zoning Resolution. "Zoning Resolution" means the Zoning Resolution of the City of New York, effective December 15, 1961, as amended from time to time.
(Amended City Record 2/2/2022, eff. 3/4/2022)
15 RCNY § 24-04 Preliminary Screening.
§ 24-04 Preliminary Screening.
a. The Lead Agency may prepare or may cause to be prepared a preliminary screening assessment consisting of visual or historical documentation of any of the following past or current uses at a Development Site, and/or other tax lot(s) that might have affected or be affecting a Development Site.
(1) Incinerators;
(2) Underground and/or above ground storage tanks;
(3) Active solid waste landfills;
(4) Permitted hazardous waste management facilities;
(5) Inactive hazardous waste facilities;
(6) Suspected hazardous waste sites;
(7) Hazardous substance spill locations;
(8) Areas known to contain fill material;
(9) Petroleum spill locations;
(10) Any past use identified in Appendix A to the CEQR Technical Manual.
b. Based on the visual or historical documentation prepared under subdivision (a) with respect to lots not under the ownership or control of the person seeking the Zoning Amendment or Zoning Action, the Lead Agency may determine that an (E) Designation should be placed on the tax lot(s) identified under subdivision (a) in connection with the approval of the Zoning Amendment or Zoning Action. In making such determination, the Lead Agency may consult with the Department, and the Lead Agency will inform the Department and OER of such determination.
c. A Phase I Environmental Site Assessment pursuant to 15 RCNY § 24-05 shall not be required prior to placement of an (E) Designation on a lot pursuant to this Section unless the lot is under the ownership or control of the applicant for the Zoning Amendment or Zoning Action.
15 RCNY § 24-05 Phase I Environmental Site Assessment.
§ 24-05 Phase I Environmental Site Assessment.
a. For any Development Site that is under the control or ownership of the applicant and that, following review of visual or historical documentation pursuant to 15 RCNY § 24-04, warrants a hazardous materials assessment, the Lead Agency shall conduct, or shall cause to be conducted, a Phase I Environmental Site Assessment (Phase I ESA) consistent with the current American Society of Testing and Materials (ASTM) Phase I ESA standard.
b. The Phase I ESA may be limited to:
(1) Historical land use review;
(2) Regulatory agency list review; and
(3) Site and surrounding area reconnaissance visit.
c. A report entitled "Phase I ESA Report" and any supplements thereto, summarizing the Phase I ESA shall be prepared by or for the Lead Agency and a copy of such report shall be provided to the Department. The Phase I ESA Report shall include any information discovered in the Phase I ESA. The Department may provide the Lead Agency with any additional information it deems relevant together with any comments regarding the contents of the Phase I ESA and any supplements thereto within twenty (20) days of receipt of the Phase I ESA Report.
d. The Lead Agency may respond to the Department's comments and any additional information either by placing or causing DCP to place an (E) on the relevant tax lot(s) or by issuing a Final Phase I ESA Report that addresses any such comments and/or additional information. The Lead Agency shall inform the Department and OER of such determination.
e. If a Phase II Environmental Site Assessment or a remedial plan is expected to be conducted during the environmental review, the Lead Agency must coordinate with the Department to ensure that the testing and/or remedial plans are acceptable and protective of public health.
15 RCNY § 24-06 Notification.
§ 24-06 Notification.
a. Discovery of a petroleum spill or the discharge of other contaminants on a tax lot(s) for which reporting requirements have been established by federal, state or local law, regulation, or rule must be reported by the applicant in accordance with such law, regulation, or rule.
b. Discovery of evidence of "reportable quantities" of hazardous materials or hazardous wastes by the Department and/or the applicant on a tax lot(s) that pose a potential or actual significant threat to public health or the environment under federal, state, or local law, regulation, or rule, must be reported by the applicant in accordance with such law, regulation, or rule.
(Renumbered from former § 24-10, City Record 2/2/2022, eff. 3/4/2022)
15 RCNY § 24-07 Lead Agency Records/Agency Consultation.
§ 24-07 Lead Agency Records/Agency Consultation.
a. The Lead Agency shall maintain a single file containing copies of all Phase I ESA Reports issued pursuant to 15 RCNY § 24-05, together with the relevant Environmental Assessment Statement, Environmental Impact Statement, or other CEQR determinations made in connection therewith.
b. The Department, DCP, and OEC shall meet and confer on a periodic basis concerning the implementation of this rule.
(Renumbered from former § 24-11, City Record 2/2/2022, eff. 3/4/2022)
15 RCNY § 24-08 Air Quality and Noise (E) Designations.
§ 24-08 Air Quality and Noise (E) Designations.
Placement of Air Quality and Noise (E) Designations. The Lead Agency may place Air Quality (E) Designations and Noise (E) Designations on real property as a result of an environmental review of a Zoning Amendment or Zoning Action.
(1) An Air Quality (E) Designation is placed on Development Sites that are not publicly owned, that have the potential to be developed as a consequence of the Zoning Amendment or Zoning Action, and that have been identified by the environmental review as having the potential to contribute to or experience a significant adverse air quality impact related to HVAC systems emissions or industrial or other source emissions.
(2) A Noise (E) Designation may be placed on tax lots that are not publicly owned, that have the potential to be developed as a consequence of the Zoning Amendment or Zoning Action, and that have been identified by the environmental review as having the potential to experience significant adverse noise impacts.
(Amended and renumbered from former § 24-12, City Record 2/2/2022, eff. 3/4/2022)
15 RCNY § 24-09 Fees and OER Review and Approval Procedure. [Repealed] (Repealed City Record 2/2/2022, eff. 3/4/2022)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-28463Fetched: 10/24/2026