General Provisions

RCNY tit. 15, ch. 21, subch. A

in effect

15 RCNY § 21-01 Introduction.

§ 21-01 Introduction. (a) The provisions of this subchapter apply to all stages of a Water Shortage Emergency in the City, unless otherwise specifically provided herein. (b) The Commissioner may declare any one of three stages of a Water Shortage Emergency, based on the anticipated severity of the shortage and the need to reduce consumption, as described in these rules. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-02 Definitions.

§ 21-02 Definitions. Acceptable irrigation controller. "Acceptable irrigation controller" means a microprocessor-based controller for the valve(s) of an irrigation system that can be programmed for the various time and date intervals set forth in 15 RCNY §§ 21-09, 21-10 and 21-11, and that incorporates a rain sensor, soil moisture sensor or evapo-transpiration control. Active source. "Active source" means any sprinkling device or system and any device that delivers water under pressure. City. "City" means the City of New York. City water. "City water" means water supplied by or taken from the City water supply system. City water supply system. "City water supply system" means any public water supply system owned or operated by the City. Commissioner. "Commissioner" means the Commissioner of the Department or his or her designee or successor in function, who may perform all functions of the Commissioner authorized under the Chapter. Department. "Department" means the New York City Department of Environmental Protection or its successor in function. Golf course fairway and rough. "Golf course fairway and rough" means all the turf on a golf course other than the golf course tee box and green. Golf course tee box and green. "Golf course tee box and green" means the area from which golf balls are teed-up or placed for the first stroke on a hole, and the area immediately surrounding the golf hole or the green where putts are played. The golf course tee and green are not included in the golf course fairway and rough for the purposes of these rules. Health care facilities. "Health care facilities" means hospitals, hospices, medical clinics, physician's offices, nursing homes or any other facility caring for persons who are ill, aged or infirm, where, in the opinion of the Commissioner, relief from the prohibition contained in 15 RCNY § 21-11(a)(9) is necessary to protect the health and well-being of such persons. Non-turf plants. "Non-turf plants" means all plants, including trees, but excluding turf. Nursery. "Nursery" means the private or public grounds and premises on or in which nursery stock is propagated, grown, or cultivated for the commercial purpose of distributing or selling the same. OATH. "OATH" means the Office of Administrative Trials and Hearings in its capacity pursuant to § 1049-a of the Charter. Person. "Person" means an individual, firm, partnership, company, corporation, association, governmental agency, administration, or department, or other legal entity, or an officer or employee thereof. Turf. "Turf" means grasses used as ground cover or lawn. Waste of City water. "Waste of City water" means (i) any leak or waste from any water pipe, valve, faucet, conduit, equipment, facility, or device connected to the City water supply system or which uses city water, or (ii) any failure to reduce water consumption as required by this chapter. Water Board. "Water Board" means the New York City Water Board. Water-conserving irrigation system. "Water-conserving irrigation system" means an irrigation system that delivers water at low pressure and low flow rate directly to the roots of non-turf plants, such as "drip irrigation systems," "soaker hoses," or "Treegators." Water Shortage Emergency. "Water Shortage Emergency" means a declaration by the Commissioner that there is a reasonable probability of a shortage of City water, or an expected shortage of City water, that would threaten public health and safety absent the implementation of measures to reduce water consumption. Well water. "Well water" means an individual source of potable water drawn from a subsurface well. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-03 Sanctions.

§ 21-03 Sanctions. (a) Violations of the rules in this chapter or of the terms and conditions of any variances granted pursuant to 15 RCNY § 21-04 are punishable by fines and penalties established by §§ 24-337 and 24-346 of the Administrative Code, and may be returnable before OATH. (b) Where a leak and waste notice has been served in accordance with § 24-337 of the Administrative Code and the condition to which such notice relates has not been corrected within the time set for compliance, the Commissioner may, after notice and opportunity for a hearing before the Commissioner in accordance with the hearing procedures set forth in 15 RCNY § 32-02, impose a fine of up to fifty dollars per day, in addition to any penalties that may be imposed by OATH. (c) Where a leak and waste notice has been served in accordance with § 24-337 of the Administrative Code and the condition to which such notice relates has not been corrected within the time set for compliance, the Commissioner may, after notice and opportunity for a hearing before the Commissioner in accordance with the hearing procedures set forth in 15 RCNY § 32-02, install a flow restrictor or terminate water service to the premises. (d) Nothing in this section shall be construed to limit the Commissioner's power to shut off water supply without notice, or with such notice as the Commissioner may deem practicable, where a leak exists; or where emergency action is otherwise deemed essential. If the Commissioner shuts off water in accordance with this subdivision, the Commissioner shall provide notice and an opportunity to be heard after the shut off is performed. Such notice and hearing shall be conducted in accordance with the procedures set forth in 15 RCNY § 32-02. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-04 Variances.

§ 21-04 Variances. (a) The Commissioner may in his or her discretion, upon written application, grant a variance from the requirements of the rules in this chapter. (b) Any person applying for a variance must file a notarized application for a variance to the Commissioner. The person must demonstrate, at a minimum, to the satisfaction of the Commissioner, that: (1) compliance with such rules would result in an undue hardship; (2) there are no reasonable alternatives; (3) the person has taken and will continue to take all reasonable measures to conserve water, and will provide a complete description of such measures that have been implemented to achieve reductions and the anticipated water savings; and (4) such variance is not inconsistent with the purpose of such rules. (c) The Commissioner may grant a variance relieving a person from compliance with any of the requirements of the rules in this chapter. In connection with any variance that may be granted, the Commissioner may impose terms and conditions as deemed appropriate. Requests for variances must be processed in a timely fashion, and determinations must not be unreasonably withheld or delayed. The filing or pendency of a variance application does not relieve any person from complying with any of the requirements of this chapter, including any rules cited in the variance application, and does not grant immunity to any person from any civil or criminal prosecution or sanction under the rules. (d) Variance application forms may be obtained at 59-17 Junction Boulevard, Flushing, NY 11373, Attention: Office of the General Counsel, or by calling 311. (e) Appeals. (1) A person may appeal the denial of a variance, or the imposition of an arbitrary and substantial condition in the grant of a variance, by the Commissioner by filing a notarized petition in writing with the Commissioner and with OATH within thirty (30) days of the date the determination was mailed. The petition must state the name, address and email address of the petitioner and must include a short and plain statement of the matters to be adjudicated, identifying the specific provision of these rules from which the variance is sought, the proposed location of the activity, and the date of the variance determination by the Commissioner. A copy of the determination being appealed must be attached to the petition. In addition, a completed OATH intake sheet must be included with the petition. The Department will provide blank intake sheets upon request. (2) A person may appeal only the issues of whether the Commissioner abused his or her discretion in denying a request for a variance or in imposing an arbitrary and substantial condition in a grant of a variance. (3) Upon review of any appeal filed pursuant to this section, the Commissioner may, in his or her discretion, grant a variance relieving a person from compliance with any of the rules in this chapter. In connection with any variance that may be granted, the Commissioner may impose such terms and conditions as deemed appropriate. Appeals must be processed in a timely fashion, and determinations must not be unreasonably withheld or delayed. (4) The filing of an appeal does not relieve a person from complying with any of the requirements of the rules in this chapter, including any rules cited in the variance application, and does not grant immunity to any person from any civil or criminal prosecution or sanction under the rules. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-05 Water Shortage Rate Plan.

§ 21-05 Water Shortage Rate Plan. At any time after the actual declaration of a Water Shortage Emergency, the Commissioner may recommend and request that the Water Board consider the adoption of a Water Shortage Emergency contingency rate plan. Such rate plan shall have as its goal the creation of enhanced incentives for water conservation by increasing the cost of city water by such amounts, and for such duration, as the Commissioner may recommend and which the Water Board in its sole discretion shall consider appropriate. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-06 "Save Water" Signage.

§ 21-06 "Save Water" Signage. (a) Introduction. Immediately upon the declaration of any stage of a Water Shortage Emergency by the Commissioner, "Save Water" signs, as described below, must be prominently posted in every building or premises connected to the City water supply system or in which City water is used, in the locations specified below. Every person owning, using, leasing, managing, operating or controlling any such building or premises must ensure that such signs are properly posted. The provisions set forth in this section do not apply to one-, two- or three- family dwellings. (b) Sign size and content. Such signs required pursuant to this section must be at least six inches in height by nine inches in width. The required text on the signs must be printed in letters at least three-quarters inch (3/4") in height. The signs may include any artwork or additional language related to water conservation that is desired by the person posting the sign, and must include the following required text: SAVE WATER Report Leaks and Water Waste Call 311 (c) Sign locations. Such signs must be prominently posted in the following locations: (1) Multiple dwellings (four units or more). At each entrance, near mailboxes, in each elevator and on each floor with more than one dwelling. (2) Hotels. At each entrance, near each check-in desk and cashier, near each entrance to each restaurant or other public eating place, in each elevator, in the public hallway on every floor and in each bathroom (except signs in private bathrooms in individual hotel rooms may be reduced to three inches in height by five inches in width). (3) Hospitals. At each entrance, in each elevator, on every floor by an elevator, in each bathroom and shower room, in each laboratory, and in each restaurant or cafeteria. (4) Office buildings. At each entrance, in each elevator, on every floor by an elevator, in each bathroom and in each dining room or cafeteria or other places where food is sold. (5) Restaurants. In each bathroom and at each table (except signs at tables may be reduced to three inches in height by five inches in width). (6) All other nonresidential buildings, including all commercial and industrial buildings, schools, universities and community centers. At each entrance, in each elevator, on every floor by an elevator, in each bathroom and shower room, above each sink or group of sinks, in each eating area and in the work area of every process or operation using any water. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-07 "Water-Conserving Irrigation System" Signage.

§ 21-07 "Water-Conserving Irrigation System" Signage. Immediately upon the declaration of any stage of a Water Shortage Emergency by the Commissioner, water-conserving irrigation system signs, as described below, must be prominently posted in every building or premises connected to the City water supply system or in which City water is used in water-conserving irrigation systems for non-turf plants. Every person owning, using, leasing, managing, operating or controlling any such building or premises must ensure that such signs are properly posted. A sign at least six inches in height by nine inches in width must be prominently posted at the watering location indicating that a water-conserving irrigation system is in use. The sign shall include the following wording and may include any artwork or additional language related to water conservation that is desired by the person posting the sign and must include the following required text, which must be in letters at least three-quarters inch (3/4") in height: SAVE WATER WATER-CONSERVING IRRIGATION SYSTEM IN USE REPORT LEAKS AND WATER WASTE CALL 311 The sign must include the time periods in which such water-conserving irrigation systems are permitted to be in use pursuant to 15 RCNY §§ 21-09, 21-10 and 21-11. (Amended City Record 4/13/2022, eff. 5/13/2022)

15 RCNY § 21-08 Well Water Use Prohibition Exception Conditions.

§ 21-08 Well Water Use Prohibition Exception Conditions. No person shall cause, permit or allow the use of well water for any purpose for which the use of City water is prohibited by the rules in this chapter, unless: (a) the well is covered by a valid permit from the New York City Department of Health and Mental Hygiene; (b) there are no cross-connections, and either all swing-joint connections have been replaced by permanent rigid piping or the connection to the City water supply system has been sealed; and (c) immediately upon the declaration of any stage of a Water Shortage Emergency, signs are prominently displayed, at least eight and a half inches in height by eleven inches in width and with lettering at least one inch in height, with the following wording including the permit number: WATER SHORTAGE EMERGENCY PRIVATE WELL WATER IN USE DOHMH PERMIT NO. _____ The permission to use well water granted by this section may be revoked by the Commissioner for any violation of the foregoing conditions, or of these rules, or of any applicable laws, rules or regulations. (Amended City Record 4/13/2022, eff. 5/13/2022)

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/0-0-0-132817Fetched: 10/24/2026