15 RCNY § 25-07 Application for Waiver and Approval of a Written Finding of Unavailability.
§ 25-07 Application for Waiver and Approval of a Written Finding of Unavailability.
(a) An application for a waiver for the use of the required BART shall contain the following information:
(1) Identification of the required BART;
(2) An explanation as to why the applicable BART is unavailable. Such explanation must include all documentation generated in the BART selection process described in 15 RCNY § 25-05;
(3) Identification of a technology for reducing the emission of pollutants, if any, that is available and appropriate for such vehicle, which may include a technology that does not appear on the EPA or CARB verified lists, and that, if available and appropriate, will be used instead of the BART.
(4) The name and contact number of the applicant.
(b) The application shall be submitted to:
Director of the Division of Air and Noise Programs, Enforcement and Policy
Bureau of Environmental Compliance
New York City Department of Environmental Protection
59-17 Junction Blvd.
Flushing, NY 11373
or by email to bartwaivers@dep.nyc.gov
(c) The Department shall submit such application to the Department of Consumer Affairs with a request for a Written Finding of Unavailability from the Commissioner of Consumer Affairs.
(d) The Department of Consumer Affairs will make a written finding regarding such request within thirty days of receipt of the Department of Environmental Protection's request for a Written Finding of Unavailability.
(e) The Department's decision whether to grant the waiver for the use of BART shall be subject to a Written Finding of Unavailability by the Department of Consumer Affairs.
(f) Waivers are effective for three years. Any application for renewal shall be submitted no later than thirty days prior to the expiration date of the waiver.
(Amended City Record 3/15/2017, eff. 4/14/2017)