Section 16-131. Rules for the operation of dumps, non-putrescible solid waste transfer stations, putrescible solid waste transfer stations and fill material operations; permits and fees

a. The  commissioner  shall  have  power to adopt rules:
    1.  controlling  and  providing  for  supervision  over  the  conduct,
  operation, and use by persons or public agencies of all piers  or  lands
  or lands under water used as dumps, non-putrescible solid waste transfer
  stations  or  putrescible  solid  waste  transfer  stations, or for fill
  material operations;
    2. requiring applicants and permittees to disclose to  the  department
  information  determined  by  the  commissioner  to  be necessary for the
  department to fulfill its duties under this title. Such information  may
  include  but need not be limited to financial statements, and any annual
  or quarterly report required to be filed with the  state  department  of
  environmental  conservation  pursuant to regulations promulgated by such
  department to regulate solid waste management facilities;
    3.  requiring  permittees  to  maintain  records  determined  by   the
  commissioner  to  be  necessary for the department to fulfill its duties
  under this chapter and to protect the public  health  and  safety.  Such
  records  shall  include,  without  limitation,  a  log  of  the names of
  prospective customers denied the use of such dump, transfer station,  or
  fill material operation.
    b.  The commissioner shall, pursuant to subdivision a of this section,
  adopt rules:
    1. establishing, in consultation with the commissioners of health  and
  environmental  protection,  requirements  appropriate  for protection of
  public  health  and  the  environment  concerning   siting   of   dumps,
  non-putrescible  solid  waste transfer stations, putrescible solid waste
  transfer stations and/or fill material operations in relation  to  other
  such  facilities,  residential  premises and/or other premises for which
  such requirements may be appropriate. Requirements established  pursuant
  to  this  paragraph  shall  be  in  addition  to other applicable siting
  requirements;
    2. limiting  the  hours  of  operation  of  premises  required  to  be
  permitted pursuant to section 16-130 of this chapter;
    3.  prescribing the use of deodorants, and other odor control measures
  as may be needed, at putrescible  solid  waste  transfer  stations  and,
  where appropriate, at other facilities required to be permitted pursuant
  to such section;
    4.  prescribing  the  use  of  ventilation  systems  in fully enclosed
  structures on  premises  required  to  be  permitted  pursuant  to  this
  section; and
    5.  requiring that all activities relating to the processing, tipping,
  sorting, storage and compaction of  solid  waste  at  putrescible  solid
  waste transfer stations, and, in the commissioner's discretion, at other
  premises required to be permitted pursuant to this section, be conducted
  within  a  fully enclosed structure. If the commissioner determines that
  such activities would not adversely affect a  residential  area  if  not
  conducted  within  a fully enclosed structure, then the commissioner may
  grant an exemption from such requirement, provided that no exemption may
  be granted in contravention of  regulations  promulgated  by  the  state
  department   of  environmental  conservation  to  regulate  solid  waste
  management facilities or other applicable law. Any person  who,  on  the
  effective  date of this local law, holds a permit for, and conducts such
  activities on, premises where no fully enclosed  structure  exists,  and
  who shall be required to conduct such activities within a fully enclosed
  structure,  may  be  granted  a reasonable time, to be determined by the
  commissioner, to construct such structure.

    c. The commissioner shall issue permits  to  such  persons  or  public
  agencies  engaged  in  use of piers or lands or lands under water within
  the city as dumps, non-putrescible  solid  waste  transfer  stations  or
  putrescible  solid  waste  transfer  stations.  The  commissioner  shall
  collect  an annual fee of seven thousand dollars for each permit for any
  such pier or part thereof, or for each piece or parcel of land  or  land
  under  water used as a dump or as a non-putrescible solid waste transfer
  station, and an annual fee of thirteen thousand dollars for each  permit
  for  any  such pier or part thereof, or for each piece or parcel of land
  or land under water used as a putrescible solid waste transfer  station.
  The  commissioner  shall  collect  an  annual  registration fee of seven
  thousand dollars for an intermodal solid waste container  facility.  The
  commissioner  may  by  rule  provide for suspension or revocation of any
  permit or registration issued pursuant to this subdivision for cause  or
  violation of the orders or rules of the commissioner.
    d. The commissioner shall issue permits every six months to persons or
  public  agencies  engaged  in use of piers or lands or lands under water
  for fill material operations. The commissioner shall collect a fee every
  six months of twelve hundred fifty dollars for each permit for any  such
  pier  or part thereof, or for each piece or parcel of land or land under
  water where the anticipated or actual aggregate amount of fill  material
  for  grading,  levelling,  surcharging,  compacting  or final dispostion
  during such six-month period is equal to or greater  than  one  thousand
  cubic  yards,  and  a  fee  of  six hundred twenty-five dollars for each
  permit for any such pier or part thereof, or for each piece or parcel of
  land or land under water  where  the  anticipated  or  actual  aggregate
  amount  of fill material for grading, levelling, surcharging, compacting
  or final disposition during such  six-month  period  is  less  than  one
  thousand  cubic  years,  provided  that  no fee shall be charged for the
  first six-month permit issued in a calendar year for any  pier  or  part
  thereof,  or  for each piece or parcel of land or land under water where
  the anticipated or actual aggregate amount of fill material for grading,
  levelling, surcharging, compacting  or  final  disposition  during  such
  six-month   period   is   less  than  three  hundred  cubic  yards.  The
  commissioner may by regulation provide for suspension or  revocation  of
  any  permit  issued pursuant to this paragraph for cause or violation of
  the orders or rules or regulations of the commissioner.  Notwithstanding
  any  other  provision  of  this  section  or  of  section 16-130 of this
  chapter, no permit or fee shall be required of an owner or  occupant  of
  residential  property  engaged  in  a  fill  material  operation on such
  property where the  anticipated  or  actual  aggregate  amount  of  fill
  material  for  grading,  levelling,  surcharging,  compacting  or  final
  disposition during a six-month period is less than three  hundred  cubic
  yards.
    e.  Rules  adopted  by the commissioner pursuant to this section shall
  become effective only after filing  and  publication  as  prescribed  by
  chapter  forty-five  of  the  charter. In addition, notwithstanding such
  chapter, prior to adoption by the commissioner of a final rule  pursuant
  to subdivision e of section one thousand forty-three of the charter, and
  after   consideration   of   relevant  comments  presented  pursuant  to
  subdivision d of such section, the  commissioner  shall  submit  to  the
  council the draft text of the final rule proposed to be published in the
  City  Record;  the  council  shall have thirty days to comment upon such
  text. The final rule may include revisions in response to  comment  from
  members  of  the  council  and shall not be published in the City Record
  before the thirty-first day after such submission, unless the speaker of
  the council authorizes earlier publication.
    f. As used in this section:

    1. the terms "dump," "non-putrescible solid waste  transfer  station,"
  "putrescible  solid  waste  transfer station," "fill material" and "fill
  material operation" shall have the meanings ascribed in  section  16-130
  of this chapter; and
    2.  the  term "intermodal solid waste container facility" shall mean a
  facility or premises served  by  rail  or  vessel  at  which  intermodal
  containers  are  transferred from transport vehicle to transport vehicle
  for the purpose of consolidating intermodal containers for  shipment  by
  rail  or  vessel  to an authorized disposal or treatment facility, where
  the contents of each container remain in their closed containers  during
  the  transfer between transport vehicles, and storage remains incidental
  to transport at the location where the containers are consolidated.