§ 4-32 Siting Requirements.
(a) General provisions.
(1) All transfer stations and intermodal solid waste container facilities shall be sited in accordance with the applicable provisions of the Zoning Resolution or as authorized by a variance granted by the New York City Board of Standards and Appeals.
(2) All buffer distance requirements specified in subdivision (b) of this section shall be measured from the boundary of the residential district, the property lines of a hospital, public park, school, or the site boundaries of another solid waste transfer station, to the site boundary of the transfer station, or if the building within which the dumping, loading, processing and storage of solid waste takes place is set back at least one hundred fifty feet from the site boundary, from the building.
(3) In addition to complying with the provisions of this subchapter, every person who owns, operates, maintains or otherwise controls a non-putrescible solid waste transfer station or a putrescible solid waste transfer station shall comply with the provisions in Subchapters A and B of this chapter, as applicable.
(4) In addition to complying with the provisions of paragraph (1) of this subdivision, every person who owns, operates, maintains or otherwise controls an intermodal solid waste container facility shall comply with the provisions of Subchapter D of this chapter, as applicable.
(b) In addition to complying with the siting restrictions contained in paragraph (1) of subdivision (a) of this section, all solid waste transfer stations shall comply with the following siting restrictions:
(1) Any transfer station located in a community district that contains less than four percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) Any new transfer station shall be located at a site that is entirely within an M1, M2 and/or M3 district, provided that such new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.
(ii) Any new transfer station shall be at least 400 feet from a residential district, hospital, public park or school.
(iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(iv) Any new transfer station shall provide space to accommodate truck queuing on site.
(v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.
(vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 400 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(2) Any transfer station located in a community district that contains from four to less than eight percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) Any new transfer station shall be located at a site that is entirely within an M1, M2 and/or M3 district, provided that such new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.
(ii) Any new transfer station shall be at least 500 feet from a residential district, hospital, public park or school.
(iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(iv) Any new transfer station shall provide space to accommodate truck queuing on site.
(v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.
(vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(3) Any transfer station located in a community district that contains from eight to less than twelve percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) No new transfer stations shall be allowed in an M1 district.
(ii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 600 feet from a residential district, hospital, public park or school.
(iii) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(iv) Any new transfer station shall provide space to accommodate truck queuing on site.
(v) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (ii) of this paragraph.
(vi) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(4) Any transfer station located in a community district that contains from twelve to less than sixteen percent of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) The Department shall not authorize the operation of a new transfer station unless:
(A) the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity and such reduction (offset) is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material); or
(B) the application is for a new putrescible or construction and demolition debris transfer station located at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, and the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(ii) No new transfer stations shall be allowed in an M1 district.
(iii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 600 feet from a residential district, hospital, public park or school.
(iv) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(v) Any new transfer station shall be entirely enclosed.
(vi) Any new transfer station shall provide space to accommodate truck queuing on site.
(vii) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (iii) of this paragraph.
(viii) Any transfer station that is lawfully operating and is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity if the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity, and such reduction is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(ix) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(5) Any transfer station located in a community district that contains sixteen percent or more of the total number of existing, lawfully operating transfer stations, as calculated by the Department, shall be subject to the following siting restrictions:
(i) The Department shall not authorize the operation of a new transfer station unless:
(A) the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity and such reduction (offset) is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material); or
(B) the application is for a new putrescible or construction and demolition debris transfer station located at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, and the applicant obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(ii) No new transfer stations shall be allowed in an M1 district.
(iii) Any new transfer station shall be located at a site that is entirely within an M2 and/or M3 district and shall be at least 700 feet from a residential district, hospital, public park or school.
(iv) In addition to the above restrictions, no new transfer station shall be located less than 400 feet from another transfer station. This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(v) Any new transfer station shall be entirely enclosed.
(vi) Any new transfer station shall provide space to accommodate truck queuing on site.
(vii) Any transfer station that is lawfully operating may expand its site boundary, subject to Department review and approval, provided that such site expansion complies with the buffer distance requirements for a residential district, hospital, public park or school as set forth in subparagraph (iii) of this paragraph.
(viii) Any transfer station that is lawfully operating and is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity if the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity, and such reduction is of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(ix) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(c) For purposes of this section, a new transfer station shall mean a transfer station that is not lawfully operating on the effective date of this section.
(d) For purposes of the percentage calculations required by subdivision (b) of this section, the following shall apply:
(1) transfer stations lawfully operating at the same location with one or more written authorizations by the Department to operate a non-putrescible and/or putrescible solid waste transfer station shall be counted as one transfer station;
(2) the Department's marine transfer stations, when operational and handling solid waste for ultimate disposal, shall be included in the number used for the percentage calculations;
(3) the Department shall update the above percentage calculations continuously as new permits are issued; and
(4) such percentage calculations shall be published in the City Record and on the Department's website on or about the first day of January and on or about the first day of July of every calendar year, and shall be in the following format that corresponds with the rules set forth in subdivision (b) of this section:
Percentage of Existing, Lawfully Operating Transfer Stations in NYC Community Districts Buffer Distance to Residential Districts, Hospitals, Public Parks and Schools Buffer Distance Between Transfer Stations (A) Additional Requirements Zoning Requirements
16% or more 700 feet 400 feet (i) Facility enclosed; (ii) Queuing area on site; (iii) Offsets required (B), (C), (D), (E) M2 and/or M3 districts only
From 12 to less than 16% 600 feet 400 feet (i) Facility enclosed; (ii) Queuing area on site; (iii) Offsets required (B), (C), (D), (E) M2 and/or M3 districts only
From 8 to less than 12% 600 feet 400 feet Queuing area on site (F) M2 and/or M3 districts only
From 4 to less than 8% 500 feet 400 feet Queuing area on site (F) M1, M2 and/or M3 allowed (F)
Less than 4% 400 feet 400 feet Queuing area on site (G) M1, M2 and/or M3 allowed (H)
(A) This restriction shall not apply to a new transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(B) Any new transfer stations operating a truck-to-truck facility must obtain a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station within the same community district at a rate of one ton for every new ton of capacity. Such reduction must be of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(C) Any application for a new putrescible or construction and demolition debris transfer stations located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, and where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, must obtain a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(D) Any transfer station that is lawfully operating that is located at least 500 feet from a residential district, hospital, public park or school may increase its lawful daily permitted throughput capacity only if such owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a transfer station located in the same community district at a rate of one ton for every new ton of capacity. Such reduction must be of the same type of solid waste (putrescible for putrescible, construction and demolition debris for construction and demolition debris, or fill material for fill material).
(E) Any putrescible or construction and demolition debris transfer station that is lawfully operating at or adjacent to a rail yard, rail spur, industrial track or vessel facility where at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel, may increase its lawful daily permitted throughput capacity provided that the owner/operator obtains a corresponding reduction (offset) in the lawful daily permitted throughput capacity at a putrescible or construction and demolition debris transfer station within the same community district at a rate of one ton for every new ton of capacity.
(F) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 500 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(G) Any transfer station that is lawfully operating may increase its lawful daily permitted throughput capacity, subject to Department review and approval, provided that it is located at least 400 feet from a residential district, hospital, public park or school. This restriction shall not apply to a transfer station that is located at or adjacent to a rail yard, rail spur, industrial track or vessel facility, provided that at least ninety percent of the solid waste received is subsequently transported from the transfer station by rail or vessel.
(H) Any new transfer station shall not be located in an M1 district if the M1 districts in such community district cumulatively contain three or more lawfully operating transfer stations.
