Lands, Land Under Water and Landfills

RCNY tit. 16, ch. 3

in effect

16 RCNY § 3-01 Construction.

§ 3-01 Construction. In construing and enforcing the provisions of these Rules and Regulations, the act of a Director, Officer, Agent or other person acting for or employed by a person, firm, partnership or corporation subject to the provisions of §§ 16-130, 16-131 and 16-133 and 16-119 of the Administrative Code for the City of New York and to these Rules and Regulations and acting within the scope of his employment, shall be deemed the act of such person, firm, partnership or corporation and bind a permittee/contractor, subcontractor or property owner even though it also be deemed the act of a particular individual for the purpose of penal prosecution.

16 RCNY § 3-02 General Rules.

§ 3-02 General Rules. For the purpose of these Rules and Regulations: (a) Landfill operations as defined hereunder, shall include only the reception of materials for final disposition at piers, lands, and lands under water for the purpose of landfilling and/or land improvement, and shall be conducted in accordance with all Federal, State and local laws, and these Rules and Regulations. (b) Except as provided in the preceding subdivision, no landfill operation shall be conducted on any privately-owned lands anywhere in the City of New York. (c) The owners of lands below established grades or of lands under water may contract to fill in such lands to grades approved by the Department of Sanitation (D.O.S.), the Bureau of Highways, the Department of Buildings, the Department of Ports and Trade, and any other agency/authority having such jurisdiction. Only clean fill will be permitted consisting of earth, dirt, concrete, rock, gravel, stone, and sand. Landfill work cannot commence until written approval from the Department of Sanitation as set forth below in 16 RCNY § 3-03(c) has been received. (d) A separate permit is required for each pier, land or lands under water to be used as a reception point for fill materials. (e) The Letter of Acknowledgement from the Department of Sanitation for a landfill operation shall not be deemed to authorize the depositing of materials within the lines of mapped streets or of streets legally opened. (f) All permittees/contractors, applicants for permits and all owners of property conducting landfill operations shall afford the Commissioner of Sanitation and his authorized representatives access at all times to such areas. (g) For the purpose of this Section, the term "landfill operations" shall mean: Final disposition, grading, leveling and/or compacting of fill materials for the purpose of land improvement, or change of the existing property grade, the filling of lands below established grades or of lands under water to established grades, or to grades approved by the Department of Sanitation, the Bureau of Highways, Department of Ports, International Trade and Commerce, and/or Department of Buildings. The phases of landfill work covered by the Department of Sanitation's permit includes all stages of the landfill work noted above. (h) No fill shall be accepted at any landfill operation that is not clean fill as defined in 16 RCNY § 3-02(c). Any materials dumped at such locations that do not meet the clean fill definition shall immediately place the operator in violation of these Regulations. (i) No processing, screening or sorting of acceptable materials will be allowed at any landfill operation, unless the permittee obtains the required approvals as stated in 16 RCNY § 3-05(b)(9). It is not permissible to bring loads of unacceptable material to the site for the purpose of sorting or screening. (j) Fee. The fee for each permit to operate shall be set by the city. Each permit, if not sooner canceled or revoked, shall continue in effect for the period noted on the permit. No part of such fee shall be prorated or refunded for non-use or for discontinuance of disposition activities or for the inability of the permittee to avail himself of the privilege. No portion of such fee shall be prorated or refunded for any period during which the permit is suspended for any reason nor for any remaining period of the term of the permit subsequent to revocation by the Commissioner of Sanitation for cause. (k) Compliance with other laws and rules. Each property owner and landfill contractor filling in lands or lands under water shall comply with all Federal, State and local laws and all orders and rules and regulations of the Commissioner of Sanitation made or adopted under § 16-117.1 or 16-131, or by the Commissioner of Consumer Affairs under Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code, and/or the Commissioners of the Bureau of Highways, the Department of Buildings, Ports, International Trade and Commerce, Army Corps of Engineers, or New York State Department of Environmental Conservation if applicable. (l) Applicability to public agencies except Department of Sanitation. All sections of these Rules and Regulations prescribing the procedures for landfill operations by owners of private property and their landfill contractors shall also apply to public agencies. Sanitary landfills operated by the New York City Department of Sanitation are exempt from these Regulations. (m) Department's discretion to suspend or revoke Permits. Notwithstanding any provisions of the permit to the contrary, the Department specifically reserves the right to suspend this permit temporarily or to revoke it permanently at any time when the Commissioner, or his/her designee, in the exercise of his or her reasonable discretion, has reasonable cause to find that the holder of the permit has violated the terms of any of these Rules and Regulations or of the applicable sections of the Administrative Code or the Environmental Conservation Law ("ECL") or has violated any other applicable permit condition, law, rule or regulation. (1) Where the Commissioner or his/her designee has reasonable cause to find a violation, the Commissioner or his/her designee, in the Commissioner's or the designee's sole discretion, may either suspend the permit, effective immediately, for a period not to exceed thirty (30) days, or revoke the permit, so long as the permittee/contractor is given notice of such finding of a violation and a final determination is made ultimately upon a record and after an opportunity for a hearing, in accordance with this subdivision (m). (i) Notice shall be given to the permittee/contractor within a reasonable time prior to the hearing described in subparagraph (ii) of this paragraph (1), which notice shall include: (A) the date, time and place of the hearing to be conducted by a duly designated hearing officer of the Office of the Deputy Commissioner of Trials of the Department (a "Hearing Officer") or by an alternative dispute resolution proceeding (an "ADP") as described in paragraph (2) of this subdivision (m), (B) the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the laws and/or rules involved, and (C) a short and plain statement of the matters to be adjudicated, including reference to the particular sections of the permit conditions, laws and/or rules involved. (ii) All permittees/contractors shall be afforded an opportunity for a hearing within a reasonable time. However, such hearing shall take place within five (5) days where the Commissioner or his/her designee, having had reasonable cause to find a violation, suspends the permit immediately (a "Pre-hearing Suspension") upon such finding, unless the permittee/contractor requests an adjournment of such hearing for reasonable cause shown. At the hearing the permittee/contractor shall be afforded the opportunity to be represented by counsel, to issue subpoenas or request that a subpoena be issued, to call witnesses, to cross-examine opposing witnesses and to present oral and written arguments on the law and facts. Adherence to formal rules of evidence is not required. No ex parte communications relating to other than ministerial matters regarding a proceeding shall be received by a Hearing Officer, including internal agency directives not published as rules. (iii) Findings of fact shall be based exclusively on the record of the proceeding as a whole. (iv) The hearing shall be transcribed or recorded. A copy of the transcript or record, or any part thereof, shall be made available to the permittee/contractor for a reasonable cost upon request. (v) Upon the conclusion of the hearing, the Hearing Officer shall make proposed findings of fact and law, which findings shall be supported by a preponderance of the credible evidence, and shall recommend a final decision, determination or order, forwarding such proposed findings and recommendations to the Commissioner who may adopt, reject or modify the Hearing Officer's proposals and recommendations. (vi) Any recommended decision, final decision, determination or order shall be in writing, or stated in the record if the permittee/contractor is present, and shall include findings of fact, conclusions of law and penalties to be assessed, if any. A copy of any written recommended decision, final decision, determination or order shall be delivered or mailed forthwith to the permittee/contractor. (vii) If the Commissioner finds in the final decision, determination or order that the permittee/contractor has committed a violation, then in the Commissioner's sole discretion, the permit shall be either suspended for a period not to exceed thirty (30) days, which suspension may include credit for any period of a Pre-hearing Suspension, or revoked. A suspension may also include a direction to the permittee/contractor to take any remedial action necessary to cure the violation of the terms of any applicable permit condition, law, rule or regulation. (viii) In the event of a Pre-hearing Suspension, the permittee/contractor may show, pending either the hearing or the rendering of a final decision, determination or order, that he/she has come into compliance with the applicable permit conditions, laws, rules and regulations, upon which such a Pre-hearing Suspension may be lifted by the Commissioner or his/her designee, and the permittee/contractor may resume normal operations. In the event that this permit is suspended after either a hearing or the rendering of a final decision, determination or order, the permittee/contractor may show that he/she has come into compliance with the applicable permit conditions, laws, rules or regulations within the specified period of suspension, upon which the suspension may be lifted, in the Commissioner's sole discretion, and the permittee/contractor may resume normal operations. (2) The Commissioner or his/her designee, may grant the permittee/contractor the option of participating in an ADP once proper notice has been given, in lieu of the formal administrative proceeding established in paragraph (1) of this subdivision (m). (i) An ADP shall consist of a meeting between the permittee/contractor and the Commissioner's representative, wherein the permittee/contractor may offer a refutation, explanation, excuse or justification relative to a violation, which violation the Commissioner or designee had reasonable cause to find. ADP proceedings shall be informal and non-adversarial. However, the permittee/contractor shall be permitted to have representation at this ADP. It is not required that these proceedings be transcribed or recorded, although all permittees/contractors shall be permitted to do so at their own expense. (ii) The Commissioner's representative shall be empowered to make all final findings and determinations in an ADP. The penalty to be assessed, if any, may include a suspension of the permit for a period not to exceed fourteen (14) days, including a direction to the permittee/contractor to take any remedial action necessary to cure a violation. (iii) By voluntarily choosing an ADP, the permittee/contractor shall be deemed to have waived his or her rights to the formal administrative proceedings contained in paragraph (1) of this subdivision (m), unless the permittee/contractor, within forty-eight (48) hours of the receipt of the final determination of the Commissioner's representative, otherwise notifies the Commissioner in writing that he/she has decided not to accept such determination. (iv) Unless the Commissioner in his or her sole discretion specifically decides otherwise, in the following circumstances the option of an ADP shall not be available: (A) where the violation involves material used in the fill operation containing hazardous waste (as defined in the ECL Article 27, Title 9 and Article 71, Title 27), infectious waste (as defined in the ECL Article 27, Title 15 and in the New York State Public Health Law Article 13, Title 13), potentially infectious waste (as defined in the Administrative Code § 16-120.1), asbestos, wood, or other such unsuitable items, including, but not limited to: tires, iron, appliances, mattresses, putrescibles and household goods; or (B) where the permittee/contractor has been found to have committed a violation of any applicable permit condition, law, rule or regulation in any adjudicatory proceeding provided for by this subdivision (m) on two or more occasions, all of which violations having been committed within a consecutive twelve (12) month period. (n) Criminal punishment and other enforcement powers. In addition to any suspension or revocation of a permit, the permittee/contractor, subcontractor, property owner or any other person, firm or corporation may be prosecuted and convicted in the Criminal Court of the City of New York for a violation of any provision of § 16-127 of the Administrative Code or of any rule or regulation adopted by the Commissioner pursuant to §§ 16-117.1 or 16-131 of the Administrative Code and upon such conviction punished by a fine not exceeding one hundred dollars ($100) or imprisonment for ten days or both, even though such prosecution and conviction be based, in whole or in part on the same facts or occurrences upon which any suspension or revocation of permit is based. A permit may be suspended or revoked for cause other than that which would support a prosecution and conviction in the Criminal Court of the City of New York.

16 RCNY § 3-03 Applications.

§ 3-03 Applications. (a) No permit for any landfill operation shall be issued until the applicant has submitted an application in the form described below. Each applicant, in addition to furnishing all of the information required by such prescribed form of application, also shall comply promptly with all requests of the Commissioner of Sanitation and/or his representative for other and additional information desired for the consideration of his application. Application requests should be made through the Department and must be made only by the contractor performing the landfill work. (b) Each application for a landfill permit must be accompanied by proof of ownership of the property (i.e., deed) and the written, notarized consent of the owner thereof to the conduct of the landfill operation. (c) The contractor hired to conduct the landfill operation to fill in any land or land under water with any of the materials set forth in 16 RCNY § 3-02(c) above, shall write to the Department of Sanitation setting forth the following: (1) The names and addresses and social security numbers of the applicant(s). (If a corporation, the application must: (i) contain a complete copy of the Certificate of Incorporation and state the names and addresses of the president, vice president, secretary, treasurer and Board member; (ii) be signed by a corporate officer; and (iii) the corporate seal must be impressed on the application. If a partnership, a copy of partnership papers, certified by the County Clerk, must accompany the request. If doing business under an assumed name, "Doing Business Papers", certified by the County Clerk, must accompany the application.) The applicants must also submit the names and addresses of all persons or entities having any ownership interest in the applicant's business, including principal shareholder, (any shareholder, including other business entity, who owns 10% or more of the issued company stock of any class) limited partners, or creditors, to which the business is indebted in an amount equal to or greater than $3,000.00, other than a financial institution licensed to do business in the State of New York. The operator shall have the continuing duty to inform the Department of Sanitation of any changes in the officers and/or ownership of the business during the lifetime of the permit. (2) The names and addresses of the owner(s) of the property. Proof of ownership as registered with the City Register in the Borough where situated, together with a certified, photostatic copy of the deed of ownership. (The block and lot numbers shown on the deed should correspond with the information contained in the survey map referred to below.) Also required is a duly notarized authorization letter from the property owner stating that he has given the applicant permission to fill in the property, and he acknowledges ultimate liability for the work performed. (3) The applicant must submit an official survey map, showing block and lot numbers, street boundaries, the borough, property lines and the approximate square footage or acreage of the property. The beginning point should be marked on the map and correspond to the information contained in the deed. All survey maps must have the stamp or seal of a New York State licensed land surveyor or professional engineer. (4) An estimate of the cubic yardage of fill material required for the operation. A description of the particular materials to be used in filling in the property. (5) The listing of contractors/subcontractors and locations which will be supplying fill materials to the landfill operator. The Department reserves the right to conduct inspections at the site(s) of fill origination to insure said material is of an acceptable quality. (6) Plans must include a detailed description of the landfill work to be performed, the square footage of the property to be filled, the existing and proposed grades of the area to be filled or excavated, plotted in contours spaced at five foot intervals or at such other intervals as may be required by the Bureau of Highways or the Department of Buildings. Any plans to conduct excavation work at a landfill site must be approved by either of these Departments and clearly indicated on the plans. A statement of the slopes to be maintained and a cross section showing such slopes; whether the streets adjacent to the land are final mapped streets and with whom title of the streets is vested; the line and grades of abutting streets which are legally mapped; a profile of the existing grade, legal grade and final grade of abutting streets. Block and Lot numbers must also appear on the plans. (7) This plan described in paragraph (6) above must be submitted by a New York State licensed land surveyor or a professional engineer. The name, business address and phone number of said surveyor/engineer must also be presented to the Department of Sanitation. (8) Approximate length of time to complete fill, and an estimated completion date. (9) The applicant must submit a listing of the names and addresses of all landfill, transfer station, demolition/construction, and sanitation related operations for which he was previously granted City permits, and the dates of operation for these sites. If the applicant is/was a member of a corporation which was granted a permit, the applicant must report the names and addresses of the president, vice president, secretary, treasurer and Board members. If a member of a partnership, which was granted a permit, the applicant must report the names and addresses of his partners. If the applicant previously or currently has any financial interest in a landfill, transfer station, demolition/construction, or other sanitation related operation (i.e., said operation is indebted to the applicant in an amount equal to or greater than $3,000) he must report this information in his application. The Commissioner reserves the right to disapprove a permit request on the basis of an applicant's past record of compliance with City laws, rules and regulations. (10) Upon request the applicant must submit information on vehicles used in the operation such as a description, type, model, make, year, license and vehicle identification number. (11) The applicant must submit the names, business addresses and telephone numbers of any and all contractors/subcontractors with whom he enters into an agreement to perform any portion of the landfill work. Failure to supply this information will result in the cancellation of the applicant's request. Furthermore, information regarding subcontractor agreements must be forwarded to the Department at least two (2) business days prior to the commencement of the subcontractor's portion(s) of the work throughout the permitted period. Failure to keep the Department informed of future/changing subcontractor agreements may result in the revocation of a permit. (12) In addition to the above, the Commissioner requires an applicant for permit under these Rules and Regulations to furnish a copy of all permits required to be filed with any other governmental authority, including but not limited to: Land Contour Permit NYC Department of Transportation, Bureau of Highway Operations Buildings Permit NYC Department of Buildings Sidewalk Crossing Permit NYC Department of Transportation, Bureau of Highway Operations Equipment Permits NYC Department of Buildings If the property is marginal land, land under water or designated wet lands, the applicant will have to obtain the following permits and include copies of them with his application letter: Work Permit NYC Department of Ports and Trade, Battery Maritime Building NYSDEC Permit NYS Department of Environmental Conservation Work Permit U.S. Army Corps of Engineers New York District All landfill work to be conducted in Staten Island must be approved by the Department of Buildings' Superintendent. Said approval must be submitted at the time of application. In the event that excavation work requires digging down to within five feet (5') of the ground water table, approvals for such work must also be obtained from the New York State Department of Environmental Conservation. It is the applicant's responsibility to insure that all required permits and approvals have been obtained prior to the commencement of the landfill operation. In the event that any of the above listed agencies exempts an applicant from their permitting and approval requirements, the Department of Sanitation must receive written notice of said exemption, and the reason for said exemption from the relevant agency. (13) Applications may be made by mail or in person. (14) The applicant must submit proof that he or she has obtained the required workers' compensation and disability benefits coverage, or that the applicant is exempt from the Workers' Compensation Law, Section 57, and the Disability Benefits Law, Section 220, Subdivision 8. Proof of coverage can be established by submitting the following Workers' Compensation Board forms: C-105.2 Application for Certificate of Workers' Compensation Insurance; DB-120.1 Employer's Application for Certificate of Compliance with Disability Benefits Law; S1-12 Affidavit certifying that compensation has been secured. Proof that no coverage is required can be provided by submitting the following Workers' Compensation Board form: C-105.21 Statement that applicant does not require Workers' Compensation or Disability Benefits Coverage. (15) Processing of the application will not be completed until all the above stated documentation is provided.

16 RCNY § 3-04 Additional Requirements before Commencing or During Landfill Operations.

§ 3-04 Additional Requirements before Commencing or During Landfill Operations. A contractor shall not commence the requested landfill operation before the receipt of a Letter of Acknowledgement from the Department of Sanitation. It is the property owner's responsibility to ensure that the property has been properly surveyed and it is the contractor's responsibility to ensure that the stakes and markers accurately delineate the boundaries of the property to ensure against extending the fill operation onto another property owner's land. Additional information may be requested at any time throughout the duration of the landfill project, if the Department deems such information necessary. Additional conditions or requirements may be imposed upon the applicant or permit holder at the reasonable discretion of the Commissioner either at the time of application or throughout the permitted period.

16 RCNY § 3-05 Conduct and Operations.

§ 3-05 Conduct and Operations. (a) Safety and nuisance standards. Each permittee/contractor shall supervise personally or by an authorized representative, all filling, grading, leveling, and/or compacting of fill material activities conducted on the property so as to ensure that the property is maintained in a sanitary manner and to prevent the creation of public nuisances and safety hazards and the deposit thereon of any materials other than those permitted under these Rules and Regulations. Safety and public nuisance standards applied to landfill operations shall include but not be limited to the following: (1) depressed or excavated areas which exceed five feet in depth must be enclosed by fencing or a berm. Berms must not exceed 6 feet in height. (The type, and minimum height of the enclosure needed will be determined by a D.O.S. inspector.) (2) storage of fill material on the property shall not exceed 10 feet. (3) if the landfill site is bound by a roadway or street, a 10 foot set back between said street or roadway and the berm or fencing must be installed. (4) accepted engineering and construction practices must be followed to prevent any structural damage to surrounding structures or future structures built at the site's location. (5) the landfill operation shall be conducted in such a manner as to be in compliance with all survey specifications. (b) Operating standards. Operating standards applied to landfill shall include but not be limited to the following: (1) The boundaries of the landfill site should be clearly identified by surveying markers or stakes. (2) In instances which do not permit for the installation of survey markers, the boundaries of the site should be defined by physical objects such as fences, streets, berms, etc. (3) Surveying markers or grade stakes should also be placed throughout the property to indicate the final elevation levels of the property, as well as the horizontal limits of landfilling. Benchmarks must also be provided to facilitate surveying. (4) Material used for the fill operation must not contain any hazardous material (wherever referred to in these Regulations shall be as defined by 6 NYCRR part 371 Regulations adopted by New York State DEC pursuant to Article 27, Title 9, of the Environmental Conservation Law), asbestos, wood, or unsuitable items such as tires, iron, appliances, mattresses, putrescibles, household goods, etc. (5) Limits on the volume of material to be deposited at the landfill site will be set at the time of permit issuance. These limits will be based on the plans and scope of work submitted by the permittee during the application period. The limits cannot be changed unless a revised set of plans, scope of work and explanation/justification for the change is presented to the Department, and prior written Department approval is obtained. If the permittee fails to comply with this Rule, the Department will stop/suspend the intake of fill materials when the original volume limits are reached. The Department must also receive duly notarized written notice from the property owner indicating that all changes in plans and scope of work have his/her approval. (6) The permittee must notify the Department in writing at least 10 days before the point when the limit for fill material has been reached. The Department will verify this information with an on site inspection. A second written notice must be sent to the Department at the point of project completion. A final inspection will then be performed by Department personnel to ensure that the job conforms with the plans approved by the Department. A landfill operation will not be considered complete unless the entire site has been graded/leveled off, is in total compliance with the elevations set in the approved plans, is in a clean and sanitary state, and poses no safety hazards or public nuisance problems. (7) If a permit is granted, and the landfill work is not begun within the permitted period, the permit will be automatically canceled and the contractor must reapply for a new permit. (8) If the landfill work is not completed within the permitted period, the permit must be renewed. (9) The processing, sorting or screening of acceptable fill material at a landfill job site is illegal unless: the site is properly zoned for a processing operation, and all required permits and approvals have been obtained from the Department of Buildings. (10) Department personnel must have access to the landfill operation at all times for the purpose of inspecting the progress of the work; compliance to approved plans; quality of the fill material; and sampling/testing of the fill material. Costs of sampling and testing shall be the responsibility of the permittee/contractor. (11) In the event that improper fill material is observed at a job site during the course of an inspection by Department personnel, the permittee will be required to isolate the material, and remove it from the job site in the presence of Department personnel. A clean up operation must commence within 48 hours of the discovery. (12) Prior to beginning any fill operation the permittee must clean the site of all trees, weeds, bushes, shrubs, etc. and any unacceptable materials previously deposited there. (13) In order to prevent the creation of a public nuisance and to insure the safety of surrounding communities, the permittee may be required to comply with additional safety and/or operating conditions deemed appropriate by the Commissioner. (14) Landfill operations may only be conducted during daylight hours. A violation of any of these Rules and Regulations or of the applicable sections of the Administrative Code or the Health Code shall subject the permittee/contractor and/or property owner to the penalties contained in 16 RCNY § 3-02(m) and (n) of these Regulations or in the Health Code, as well as suspension, revocation or denial of the permit. Permits to conduct landfill operations are not transferable from one contractor to another. Only the company to whom the permit is issued is permitted to conduct the landfill operation. In the event that subcontractors are hired to do any portion of the land fill work, the Department must be informed in writing, and prior Department approval must be obtained before work can begin. All contractors and subcontractors will be subjected to a background investigation which will reveal their record of compliance with City, State and Federal laws. The Department reserves the right to deny a permit on the basis of the contractor's/subcontractor's record of compliance. Failure to inform the Department of subcontractors, and/or failure to obtain prior Department approval could result in the cancellation of a permit request or the revocation of a permit. The names of all permitted contractors and subcontractors will appear on the landfill permit. This permit must be kept on the job site at all times and shown to Department representatives upon request. In the event that an owner/contractor is found to be conducting a landfill operation without the required approval of the Department of Sanitation, he or she will be subject to all the penalties applicable under the Health and Administrative Codes and relevant Regulations of the City of New York. He or she will be subject to the impoundment of vehicles; required to stop the operation until such time as a proper permit request has been made and approved; conduct borings testing as specified by a Department inspector at the contractor's expense to establish that work performed illegally at the unpermitted site meets with the Department's requirements as to the quality of material used; and pay all fines and/or fees deemed by the Commissioner to cover the Department's cost of monitoring the illegal site. (c) Security and supervision. Permittees at waterfront property including piers shall supervise such areas personally or by an authorized representative twenty-four hours every day, including Sundays and holidays. If a pier or the portion thereof or waterfront property covered by a permit may be securely locked or barred to prevent dumping therefrom during nights, Sundays and holidays, and such pier waterfront property or the portion thereof covered by a permit is kept securely locked or barred at night and on Sundays and holidays, no supervision will be required at those times unless material is being received or partially loaded or loaded dumpers are moored thereat. (d) Fires prohibited. No fires shall be maintained or permitted upon any portion of any landfill area. (e) Entranceway controls. All permittees/contractors shall provide and at all times properly maintain a suitable and satisfactory entranceway or driveway into and upon all permitted landfill areas. Each permittee/contractor must prevent every vehicle using or desiring to use such areas from crossing curbs or sidewalks to reach or leave the property unless and until he shall have first obtained due permission to cut the curb from the municipal authority having jurisdiction and also shall have planked or otherwise adequately protected such sidewalk. (f) Environmental controls. Every permittee must keep such permitted or landfill area and the fill material deposited on land areas, or in and upon lands under water or upon vessels, clean, inoffensive and neat in appearance. Said landfill work shall not result in an offensive or unclean condition on properties abutting the landfill operation. All filling in operations shall be conducted in such manner as to prevent the accumulation of stagnant waters. All landfill operators will be required to clean surrounding streets if tracing of dirt occurs. If the generation of dust is deemed to be a problem, the landfill operator will be required to provide a water source to wet down the landfill area and surrounding streets. City hydrants are not to be used unless a D.E.P. permit is obtained. (g) Conformity with City, State and Federal laws and regulations. All filling operations in and upon lands under water or upon lands or piers abutting upon any navigable waterway shall be conducted at all times in accordance with all City, State, and Federal laws and regulations applicable thereto.

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/0-0-0-31429Fetched: 10/24/2026