Microsoft Word - 43 - Chapter31 of Title 15 House-Site Connections to the Sewer System _3

Title 15 of the Rules of the City of New York is amended by adding a new Chapter 31 to

read as follows:

Rule Governing House/ Site

Connections to the Sewer

System

Published on the City Record: October 1, 2010

Printed: November 24, 2010

§31-01 Applicability and Scope ...................................................................................... 3

§31-02 Sewer Availability Certification ....................................................................... 10

§31-03 Standards for issuance of permits ..................................................................... 14

§31-04 Standards for Installation of Sewer connections ............................................... 21

§31-05 Inspections ........................................................................................................ 26

§31-06 Repair Order...................................................................................................... 27

§31-01 Applicability and Scope

(a) Applicability.

(1) This Rule applies to the certification of sewer availability and to the

issuance of permits for the construction, alteration, repair or relay,

plugging, unplugging, and inspection of all Sewer connections and

appurtenances.

(2) The portion of a new Sewer connection extending from the curb line to

sewers built under New York City capital sewer construction projects are

not subject to this Rule and are covered by the standards and specifications

for such projects.

(b) Definitions.

For the purposes of this Rule, the following definitions apply:

Agency. “Agency” means an agency of the City.

Allowable flow. “Allowable flow” means the storm flow from developments

based on existing sewer design criteria that can be released into an existing storm

of combined sewer.

Allowable sewer or drain. “Allowable sewer or drain” means an existing sewer

or drain built in accordance with a City drainage plan or an approved Drainage

proposal, and is the approved outlet to receive Flow from the site of an existing or

a proposed development.

Alteration map. “Alteration map” means a map showing proposed changes to

the City map.

A.N.S.I. “A.N.S.I.” means the American National Standards Institute.

Applicant. “Applicant” means the Owner of an existing or a proposed

development or his or her legally designated representative.

Applicant’s offering plan. “Applicant’s offering plan” or “Applicant’s offering

prospectus” means the set of legal documents setting forth the rights, privileges,

and duties of purchasers of shares in the Applicant’s proposed development, and

which is submitted to the New York State Department of Law in accordance with

the requirements of Section 352-e of the New York State General Business Law.

Approved outlet. “Approved outlet” means an existing storm, sanitary or

combined sewer or drain built to receive flow from a development.

As-built drawing or Record drawing. “As-built drawing” or “Record drawing”

means a map or a drawing which represents the actual constructed state of a City

sewer, a Private sewer, or a Private drain and appurtenances.

A.S.T.M. “A.S.T.M.” means the American Standards for the Testing of

Materials, latest edition.

Available sewer or drain. “Available sewer or drain” means an existing fronting

sewer or drain which has existing adequate capacity for use by an existing or a

proposed development.

Block. “Block” means a tract of land bounded by consecutive intersecting

streets.

Building. “Building” means a structure having a specific Block and Lot (or tax

sub-lot). In general, a structure will be considered a Building if it has a separate

entrance from an outdoor area.

BWSO. “BWSO” means the Bureau of Water & Sewer Operations or its

successor.

Catch basin. “Catch basin” means a structure designed to collect and convey

stormwater runoff to a Storm sewer, a Combined sewer, or an approved outlet by

means of a catch basin connection pipe.

City. “City” means the City of New York.

City drainage plan. “City drainage plan” or “drainage plan” means a plan for

the proper sewage and drainage of the City of New York, or any part thereof,

prepared and adopted in accordance with Section 24-503 of the Administrative

Code of the City of New York.

City map. “City map” means the City map referred to in Sections 198 and 199 of

the City Charter.

Combined sewage. “Combined sewage” means a combination of Sanitary

sewage, industrial wastewater and stormwater runoff.

Combined sewer. “Combined sewer” means a sewer receiving a combination of

sanitary and/or industrial wastewater and stormwater runoff.

Combined sewer connection. “Combined sewer connection” means a Sewer

connection which extends from the property line and conveys both Sanitary

sewage and storm water runoff to a Combined sewer or drain.

Commissioner. “Commissioner” means the Commissioner of the New York City

Department of Environmental Protection.

Condominium association. “Condominium association” means the legal entity

comprising the present and future unit-Owners of a condominium development

and established in accordance with Article 9-B of the New York State Real

Property Law.

Connection permit. “Connection permit” means a written authorization issued

by the DEP to connect to an existing sewer or drain or an approved outlet.

Contractor. “Contractor” means an entity retained by the Owner/Applicant to

construct a facility.

Contributory drainage area. “Contributory drainage area” means a drainage

area bounded by the ridge lines of the furthest boundaries from which flow

reaches a point of discharge.

DEP. “DEP” means the New York City Department of Environmental Protection

or its successor Agency.

Detention basin. “Detention basin” means a structure designed to store an

accumulation of stormwater runoff and release it at a controlled rate into an

approved outlet sewer system of limited capacity.

Direct discharge. “Direct discharge” means a discharge by means of a sewer

connection to a City sewer, a Private sewer, a Private drain, or an approved outlet

fronting the property.

DOB. “DOB” means the New York City Department of Buildings or its

successor Agency.

DOF. “DOF” means the New York City Department of Finance or its successor

Agency.

DOT. “DOT” means the New York City Department of Transportation or its

successor Agency.

Drainage proposal. “Drainage proposal” means a plan showing a proposed

sewerage system to serve an existing or a proposed development and Contributory

drainage area that does not conform to the City drainage plan.

Dwelling unit. “Dwelling unit” means one or more rooms in a Building that are

arranged, designed, used or intended for use by one family.

Finally mapped street. “Finally mapped street” means a street as shown on the

City map.

Flow. “Flow” means a continuous movement of storm water or wastewater.

Fronting. “Fronting” means an existing sewer or drain abutting an existing or

proposed development.

Groundwater. “Groundwater” means any existing water in subsoil stratums,

including water from springs and natural underground streams, but excluding

water from wells used for the delivery of potable or processed water.

Groundwater table. “Groundwater table” means the actual depth of ground

water below surface.

Homeowners’ association. “Homeowners’ association” means the legal entity

compromising the present and future homeowners/unit owners of a development.

House connection proposal. “House connection proposal” means a plan

showing proposed Sewer connection(s) to a City sewer, a Private sewer, a Private

drain, or an approved outlet to serve Fee Simple One (1), Two (2) or Three (3)

Family Dwelling Units.

Indirect discharge. “Indirect discharge” means a discharge into a City sewer, a

Private sewer, or an approved outlet by means other than a direct discharge.

Industrial waste. “Industrial waste” means any liquid, gaseous or solid

substance, or a combination thereof, resulting from any process of industry,

manufacturing, trade or business, or from the development or recovery of natural

resources.

Inspector. “Inspector” means a DEP or DOB sewer connection inspector.

Internal drain. “Internal drain” means a drainage system under the jurisdiction

of the DOB and which is not located in a Final mapped street, a Record street or

an Easement under the jurisdiction of the DEP.

Intercepting sewer. “Intercepting sewer” or “Interceptor sewer” means a sewer

which, during dry weather, receives the dry -weather flow from a number of

transverse Sanitary or Combined sewers and conveys such Flow to a wastewater

pollution control plant. During storms, it receives predetermined quantities of

dry-weather flow mixed with stormwater and conveys Combined sewage to a

wastewater pollution control plant.

Interceptor-collector. “Interceptor-collector” means an Intercepting sewer which

also serves as a local Sanitary sewer.

Legally designated representative. “Legally designated representative” means a

Professional Engineer or Registered Architect licensed by the State of New York

who represents the Owner in connection with a proposal, plan, or application.

Licensed Master Plumber. “Licensed Master Plumber” means a plumber

licensed to perform plumbing work within the City by the City agency having

jurisdiction over such licensing.

Lot. “Lot” means a tax lot as shown on the Tax map of the City.

Mapping action. “Mapping action” means a proceeding to change the City map

pursuant to the New York City Charter.

Opinion of dedication. “Opinion of dedication” means an opinion by the

Corporation Counsel that a street is an open and continuously traveled street

dedicated for public use.

Owner. “Owner” means any individual, firm, corporation, company, association,

society, institution or any other legal entity that owns the property, appurtenances,

and easements compromising an existing or a proposed development.

Private drain. “Private drain” means a private sanitary, stormwater, or combined

drain that is constructed in a Finally mapped street, a Record street, or an

easement and discharges into an approved outlet.

Private pumping station. “Private pumping station” means a privately owned,

operated, and maintained wastewater collection facility required for the pumping

of sanitary or stormwater runoff or Combined sewage to a Private force main.

Private force main. “Private force main” means a privately owned, operated and

maintained pressurized pipe designated to receive the wastewater discharged from

a Private pumping station and to convey it under pressure to a point of discharge.

Private sewage treatment plant. “Private sewage treatment plant” means a

privately owned, operated and maintained wastewater collection facility located

on private property that is used for the physical, chemical, and/or biological

treatment of wastewater.

Private sewer. “Private sewer” means a private sanitary, stormwater, or

combined sewer that is designed and constructed in accordance with the

requirements of the City drainage plan to serve a specific development and is

located in a Finally mapped street, a Record street, or a sewer easement, and

discharges into an approved outlet.

Private sewer plan or private drain plan. “Private sewer plan” or “Private drain

plan” means a construction plan for the installation of Private sewers or Private

drains and appurtenances thereto.

Record street. “Record street” means a street that appears on the Tax map of the

City, but is not a Finally mapped street.

Repair/relay. “Repair/relay” means complete, substantial, or partial repair or

replacement of any existing Sewer connection.

Rule. “Rule” means all the standards and requirements of the DEP governing

connection to the sewer system, as contained herein.

Runoff. “Runoff” means overland stormwater flow that is not absorbed into the

ground.

Sanitary sewage. “Sanitary sewage” means bodily waste, swimming pool

discharge, wash water, or similar waste which is discharged into a Sanitary sewer

or a Combined sewer.

Sanitary sewer. “Sanitary sewer” means a sewer which conveys Sanitary sewage

and/or industrial waste.

Sanitary sewer connection. “Sanitary sewer connection” means a Sewer

connection which extends from the property line of a building and conveys only

Sanitary sewage to a Sanitary sewer/drain or a Combined sewer/drain.

Seepage basin. “Seepage basin” means a drainage structure constructed in the

street area designed to dispose of street storm water runoff collected by catch

basins and catch basin connections at locations where storm or combined sewer

do not exit.

Sewer certification . “Sewer certification” or “Sewer availability certification”

means a house connection proposal application or site connection proposal

application to certify the adequacy of the existing abutting sewer to receive site

storm and sanitary discharge from a development.

Sewer connection. “Sewer connection” means that part of a sanitary, stormwater,

or combined sewer disposal pipe which extends from the property line of a

Building to an existing City sewer, a Private sewer, a Private drain, or an

approved outlet under the jurisdiction of the DEP.

Sewer easement. “Sewer easement” means a nonpossessory interest in private

property, which allows for the limited right to use the property that is designated

for the construction and maintenance of a drainage facility such as a City sewer, a

Private drain, a Watercourse, a Watercourse diversion, or related structures.

Site connection proposal. “Site connection proposal” means a plan showing

proposed Sewer connection(s) from existing or proposed developments other than

Fee Simple of One (1), Two (2) or Three (3) Family Dwelling Units to a City

sewer, a Private sewer, a Private drain, or an approved outlet.

Special conditions. “Special conditions” mean and include, but is not limited to,

the construction or use of a Private sewage treatment plant, a Private on-site

pumping station, a private on-site Detention basin, a private Watercourse

diversion by an open channel or closed piping, or a proposed development

requiring a Mapping action.

Storm sewer. “Storm sewer” means a sewer which conveys only stormwater.

Stormwater. “Stormwater” means the excess water running off the surface of a

drainage area during, and immediately following, a period of precipitation.

Stormwater sewer connection. “Stormwater sewer connection” means a Sewer

connection, which extends from the property line of a Building and conveys

stormwater runoff to a Storm sewer/drain, or Combined sewer/drain or an

approved outlet.

Tax map. “Tax map” means the Tax map of the City as defined and referred to in

Section 11-203 of the Administrative Code of the City of New York.

Tentative lot. “Tentative lot” means a proposed tax lot as shown on the “Request

to Real Property Assessment, Department of Surveying, Division for Tentative

Lot Numbers”.

Water Board. “Water Board” means the New York City Water Board.

Watercourse. “Watercourse” means a natural or artificial channel, a visible path

or an active trench, which carries stormwater runoff from a Contributory drainage

area.

Watercourse diversion. “Watercourse diversion” means the re-routing of an

existing Watercourse by either open channel or closed piping.

Water service connection. “Water service connection” – The pipe from the street

water main or other source of water supply to the building served.

(1) The DEP may grant a variance from one or more of the requirements of

this Rule only upon:

(a) written request by the Applicant; and

(b) the presentation of adequate proof substantiating that

compliance with the requirements of this Rule would impose

an exceptional hardship.

(2) Every request for a variance shall:

(a) identify the specific provision(s) of this Rule for which a

variance is sought;

(b) demonstrate that an exceptional economic, technological or

safety hardship would result from compliance with the

identified provision(s) and that the variance requested is the

minimum necessary to afford relief; and

adverse impact on public health, safety, or welfare, the

environment, or any natural resource(s).

(3) There shall be no variances granted from the bonding, insurance, or

security requirements of this Rule.

(4) In granting variance, the DEP may impose specific conditions

necessary to assure that the variance will have no adverse impact on

public health, safety, or welfare, the environment, or any natural

resource. Failure to comply with any condition of a variance shall be a

violation of these rules.

§31-02 Sewer Availability Certification

(a) General Requirements.

Owners proposing to connect to a City sewer, a private sewer, a private drain, or

an approved outlet to serve an existing or a proposed development must file a

sewer certification application with the appropriate department of the City, in

accordance with the following requirements:

(1) For an existing or a proposed Fee Simple One (1), Two (2) or Three (3)

Family Dwelling Unit, a House Connection Proposal for sewer availability

certification shall be required.

(2) For all existing or proposed developments other than Fee Simple One (1),

Two (2) or Three (3) Family Dwelling Units, a Site Connection Proposal

for sewer availability certification shall be required.

(3) For the elimination of existing cesspools or septic tanks for existing

buildings other than Fee Simple One (1), Two (2) or Three (3) Family

Dwelling Units, a Site Connection Proposal for sewer availability

certification shall be required, unless the site has been granted a prior

sewer availability certification.

(4) All House Connection Proposals or Site Connection Proposals for

sewer availability certification shall be prepared by, or under the

supervision of, a professional engineer or registered architect licensed by

the State of New York, and shall be submitted with the appropriate sewer

certification application form. The signature and seal of a professional

engineer or registered architect shall appear on each proposal.

(b) Specific Requirements.

(1) A professional engineer or registered architect may self-certify the

availability of sewers by using the appropriate self-certified sewer

certification application, except as specified in paragraph (3) of this

subdivision.

(2) All sewer certification applications for new construction under the

jurisdiction of theDOB may be submitted to the DEP or to the DOB. All

other sewer certification applications for construction that is not under the

jurisdiction of the DOB and do not require DOB project identification

number(s) (DOB PIN(s)) shall be submitted to the DEP.

(3) A professional engineer or registered architect shall not self-certify sewer

certification applications for the cases listed below. Such applications

shall be submitted to the DEP for review and certification:

(i) Applications involving mapping actions;

(ii) Applications for connection(s) to a proposed private sewer or

private drain under construction by the applicant to serve a

proposed development;

(iii) Applications for proposed developments to be constructed in

staged phases;

(iv) Applications for proposed developments on part of a tax lot;

(v) Applications to connect to a sewer or drain where the flow

discharged must pass through a private pumping station;

(vi) Applications for proposed developments which must utilize an

easement through, or cross, adjacent properties, to gain access to

an approved outlet;

(vii) Applications for proposed developments on a site traversed by a

watercourse, active ditch, or existing sewer easement;

(viii) Applications for proposed discharge of flow to a private drain not

built in accordance with the City drainage plan and which is not

owned by the owner(s) of the proposed development(s);

(ix) Applications to connect to sewers or drains discharging to a private

sewage treatment plant;

(x) Applications for proposed sanitary discharge to an interceptor

sewer;

(xi) Applications for proposed sanitary discharge to six (6) inch

diameter sanitary sewers or drains;

(xii) Applications for proposed discharge of site storm flow to a

highway drain, Work Project Administration (WPA) sewer,

Temporary Connection (TC), plumber’s drain, watercourse

diversion, or State arterial highway drain;

(xiii) Applications for skewed connections or connections to stub

extensions from existing manholes; and

(xiv) Application for proposed developments in areas rezoned after

June 1993.

(4) All sewer certification applications shall contain the appropriate

identification number(s) as issued by the DOB,except for:

(i) Self-certified applications filed with the DOB; or

(ii) Applications which are not required to be filed with the DOB.

(5) Sewer certification applications shall show the proposed sanitary

discharge; the proposed storm flow and the allowable storm flow from the

site, in accordance with the following:

(i) Computation of allowable storm flow to be discharged into

stormwater or combined sewers or drains shall be based on either

the City drainage plan or an approved drainage proposal under

which the existing sewers or drains were constructed.

(ii) Developed site storm flow shall be computed using the rational

method for the total site area, with rainfall intensity of 5.95 inches

per hour and the weighted runoff coefficient (Cw) based on the site

development.

(iii) Applicants shall specify the method(s) of disposal of all developed

site storm flow in conformance with the provisions of local laws

governing such disposal.

(iv) Sanitary flow discharged to sanitary or combined sewers or drains

shall be computed based on the densest development permissible

under zoning designation for the proposed development in

accordance with the most recent drainage design criteria of the

DEP.

(6) Block and lot numbers shall correspond to the most recent records

supplied by the DOF. Any applicant proposing to alter an existing block

and/or lot layout shall submit to the DOB a Tentative Lot Number(s)

Request Form bearing the applicant’s signature and seal and showing the

proposed block or lot modifications. Such forms shall be approved by the

DOB.

(7) All existing and proposed sewer connections shall be shown on the site

plan and supporting documents.

(8) No horizontal bends for sewer connections shall be permitted outside the

property lines of the project site.

(9) All sewer connections shall be gravity connections. Single structures

utilizing an internal ejector shall follow provisions of the New York City

Building Code and shall connect to the sewer by gravity for such use. In

cases where multiple structure developments use internal ejectors, the

internal ejector system shall discharge into a pressure relief manhole

within the property lines, and then flow into the existing sewer by a

gravity sewer connection.

(10) All site plans submitted to the DEP with sewer certification applications

shall be prepared in accordance with the latest standards and requirements

of the DEP, as indicated below:

(i) Site plans shall be drawn to scale, and shall contain the original

seal and signature of the filing professional engineer or registered

architect.

(ii) All hydraulic computations, and the proposed method(s) of

disposal for all sanitary and storm discharge, must be shown on the

site plan.

(iii) Swimming pool(s) must be shown on the site plan, but are not

reviewed as part of the sewer certification application(s). A

separate approval for the discharge from swimming pools must be

obtained from the DEP. All swimming pools must discharge to an

internal sanitary system prior to discharge into the existing sewer

or drain.

(iv) Computations and details for the proposed on-site retention or

detention of stormwater runoff from the developed site, which

exceeds the allowable flow, must be shown on the site plan.

(11) For sites with industrial waste discharge, the applicant must obtain

approval from the DEP for such discharge prior to the certification of the

sewer certification application. For self-certified sewer certification

applications, the approval for the discharge of industrial waste must be

obtained prior to submission of the self-certified sewer certification

application to the City.

§31-03 Standards for issuance of permits

(a) Permits.

(1) No person or Owner shall connect to, make use of, or make an

opening into any interceptor sewer, interceptor collector, sanitary,

storm, or combined sewer or drain, or install, repair, relay or plug

sewer connections, except upon issuance of a permit consistent

with the provisions of this Rule. No sewer connections shall be

permitted to any catch basin. Any such connection made without a

permit shall be in violation of this Rule.

(2) Permits for a new connection or connections shown on certified

sewer certification applications shall be required for the following:

(i) new developments;

(ii) alterations performed on existing buildings, where sewer

availability certification is required by the DOB;

(iii) existing buildings served by cesspools or septic tanks to be

connected to fronting sewers or drains; and

(iv) unplugging and reuse of a plugged sewer connection.

(3) Plug permit(s) shall be required when an existing connection or

connections are to be abandoned.

(4) Repair or relay permits shall be required for the repair or

replacement of an existing sewer connection. Where realignment

of the existing sewer connection or connections to new points of

connection results in the plugging of an existing sewer connection

or connections, no separate plug permit shall be required.

(5) Permits shall be required to install manholes on existing sewers or

drains.

(6) Permits shall be required to install catch basins and catch basin

connections outletting to existing sewers or drains, or an approved

outlet.

(7) Permits shall be required to install seepage basins and catch basins

outletting to such seepage basins.

(b) General Requirements.

Sewer connection permits shall be required as follows:

(1) For a single structure on an individual tax lot fronting an existing

combined sewer, a new sewer connection permit shall be required

for each connection.

(2) For individual structures on one tax lot with individual combined

sewer connections to an existing combined sewer or drain, a sewer

connection permit shall be required for each individual combined

connection. Where such structures have separate connections to

separate sanitary and storm sewers, a new connection permit shall

be required for each individual sanitary and/or storm sewer

connection.

(3) For several individual structures on one tax lot sharing a

common internal drain or drains connecting to existing combined

sewers, one new sewer connection permit shall be required for

each connection. Where such structures have common sanitary

and storm internal drains for connection to separate sanitary and

storm sewers or drains, a new sewer connection permit shall be

required for each connection made to the sewers or drains.

(4) For individual structures on individual tax lots, which will

share common internal drains owned, operated or maintained by a

Homeowners Association, connections to existing combined

sewers shall require a new sewer connection permit for each tax

lot.

(5) Where individual structures on individual tax lots, which share

common internal drains owned, operated and maintained by a

Homeowners Association, connect to separate sanitary and storm

sewers or drains, a sewer connection permit shall be required for

each sanitary and storm sewer connection made to the common

internal drains from each tax lot.

(1) A certified house connection proposal or site connection proposal

shall be required for all permits, except for the following:

(i) plug permits;

(ii) repair/relay permits;

(iii) catch basin, catch basin connection, and manhole

permits;

(iv) catch basin, catch basin connection, and seepage basin

permits; and

(v) connection to an existing sewer for elimination of existing

cesspool or septic tanks for fee simple one, two, or three

family dwelling units.

(2) Prior to the issuance of a permit, applicants shall comply with the

following requirements:

(i) Upon certification of a house connection proposal or site

connection proposal by the DEP or DOB, the applicant’s

Licensed Master Plumber shall apply for the required sewer

connection permits at the DEP’s water and sewer records

office.

(ii) If work is to be done by a subcontractor, said subcontractor

must be identified on the application and an affidavit

of authorization must be executed by the Licensed Master

Plumber. The authorization shall specify the location and

work to be done and shall state that the work is being done

under the supervision of the Licensed Master Plumber.

Such authorization and responsibility will be effective for

the duration of the permit. If coring is to be done as part of

the work, it shall be performed by the Licensed Master

Plumber, or his/her authorized designee.

(iii) Only a Licensed Master Plumber may apply for a permit to

install new catch basins, catch basin connections, and

manholes on existing sewers or drains.

(iv) A Licensed Master Plumber or a Contractor may apply for

a permit or permits to install seepage basins, catch basins,

and catch basin connections outletting to such seepage

basins.

(v) No sewer connection permit shall be issued without the

presentation of a valid building construction permit or

alteration repair application (ARA) from DOB or

other Agencies having jurisdiction.

(vi) No permits shall be issued to install new catch basins, catch

basin connections, seepage basins, or manholes on existing

sewers or drains until an approved builder’s pavement plan

has been submitted.

(d) Permit Issuances.

(1) Prior to the issuance of any permit for sewer connection, applicants

must submit the following to the DEP:

(i) the appropriate permit application form and, if applicable,

an affidavit by the Licensed Master Plumber authorizing a

subcontractor to perform work;

(ii) a certified house connection proposal or site connection

proposal application;

(iii) a valid street/sidewalk opening permit from the DOT or

other entity having

jurisdiction;

(iv) proof of payment of the appropriate permit fee to the

Water Board;

(v) proof of compliance with all conditions set forth in the

certified house connection proposal or site connection

proposal application form;

(vi) a letter of authorization from the Owner to retain a

Licensed Master Plumber;

(vii) except for a single structure condominium development,

which is exempt from this requirement, a declaration of

covenants and restrictions establishing a Homeowners

Association or a declaration of condominium recorded at

the appropriate City Register’s or County Clerk’s Office

and a letter issued by the New York State Attorney General

accepting the offering plan/prospectus for filing; or a “No-

Action Letter” issued by the New York State Attorney

General and reviewed by the Legal Counsel of the

DEP;

(viii) easement documents, declaration of maintenance and deed

restrictions approved by the Legal Counsel of the

DEP and recorded at the office of the County Clerk.

(ix) proof of compliance with all other conditions that may be

set forth by the City and with all applicable Federal, State,

and Local Laws, Rules and Regulations.

(2) Unplug and Reuse or Reuse. For one, two or three family

dwellings only, permits for unplugging and reuse of a plugged

sewer connection, or reuse of an existing sewer connection will be

issued upon:

(i) compliance with all of the requirements listed in paragraph

(1) of this subdivision (d); and

(ii) submission to the DEP of the following:

(A) a notarized letter of intent from the owner

requesting reuse of the plugged sewer connection or

reuse of the existing sewer connection;

(B) signed and sealed certification from the filing

professional engineer or registered architect that the

existing sewer connection is adequate; and

Master Plumber that such plumber has verified that

the existing sewer connection is in good working

order.

(3) Plug Permit for plug of an existing sewer connection will be

issued upon:

(i) compliance with the requirements contained in

subparagraphs (i), (iii), (iv), (vi) and (ix) of paragraph (1)

of this subdivision (d);

(ii) presentation of a notarized letter of intent from the Owner

to plug the existing sewer connection and to retain a

Licensed Master Plumber for this purpose; and

(iii) verification of the existence of the sewer connection to be

plugged.

(4) Repair or Relay of Existing Sewer Connections. Permits for

repair/relay of existing sewer connections will be issued upon

compliance with the requirements in subparagraphs (i), (iii), and

(ix) of paragraph (1) of this subdivision (d);

(5) Connections to an existing sewer for the purpose of eliminating

cesspools or septic systems. Permits for sewer connections to an

existing sanitary or combined sewer in order to eliminate cesspools

or septic systems will be issued upon:

(i) compliance with the requirements contained in

subparagraphs (i), (ii), (iii), (iv), (v), and (ix) of paragraph

(1) of this subdivision (d);

(ii) for fee simple one, two or three family dwelling units,

submission of approval from DOB to abandon the

existing cesspool or septic system;

(iii) for other than fee simple one, two or three family dwelling

units, submission of:

(A) an approval from DOB to abandon the existing

cesspool or septic system; and

(B) a certified site connection proposal from the

appropriate department, as required by

subparagraphs (i), (ii ) and (v) of paragraph (1) of

this subdivision (d).

(6) New manholes on existing sewers or drains for new sewer

connections or for new catch basin connections. Permits for new

manholes to be placed on existing sewers for new sewer

connections or for new catch basin connections will be issued

upon:

(i) compliance with all of the requirements in subparagraphs

(i), (ii), (iii), (iv), (v), and (ix) of paragraph (1) of this

subdivision (d); and

(ii) for new catch basin connections, compliance with all

requirements contained in paragraph (7) of this subdivision

(d).

(7) New catch basins, catch basin connections, and seepage basins.

Permits for new catch basins, catch basin connections, and

seepage basins will be issued upon:

(i) compliance with the requirements contained in

subparagraphs (i), (iii), (iv), and (ix) of paragraph (1) of

this subdivision (d); and

(ii) presentation of a valid approved Builders Pavement Plan.

A Builders Pavement Plan, approved by the City, must be

on file with the Borough office of BWSO prior to

issuance of the permit.

(e) Terms and Conditions.

(1) Each permit shall be valid for a period not to exceed sixty (60)

calendar days from the date of issuance. An additional one time

thirty (30) day extension may be granted upon written request by

the Licensed Master Plumber explaining reasons for the delay.

(2) After expiration of the permit period and any extension, the

permittee shall be required to file for a new permit and pay all

required fees.

(3) Any permit issued by the DEP pursuant to this Rule may be

revoked by the Commissioner for cause.

(f) Fees.

(1) All fees shall conform to the latest fee schedule published by the

Water Board.

(2) All fees shall be paid to the Water Board.

(g) Violations. It shall be a violation to perform any operation or work

without a permit as required by this Rule.

§31-04 Standards for Installation of Sewer connections

(a) General Requirements. All new sewer connections shall be in

compliance with this Rule.

(b) Specific Requirements.

(1) Sewer connections may be made to available existing sewers,

drains, or approved outlets, upon the issuance of a permit.

(2) New sewer connections shall have a minimum of four (4) feet of

cover unless the DEP grants approval for a lesser cover. No cover

above a sewer connection less than two and a half (2.5) feet shall

be permissible. Sewer connections with less than three (3) feet of

cover must be encased in concrete.

(3) Connections to sewers supported by piles must be ductile iron pipe

Class fifty-six (56), on broken stone with push on joints. The

thickness of the broken stone bedding shall be a minimum of nine

(9) inches.

(4) Where the replacement or repair of an existing sewer connection

results in damage or defect to adjacent or connected facilities, the

Commissioner, upon being notified of such damage or defect, may

order the Licensed Master Plumber to investigate and effect any

repairs to the adjacent or connected facilities that may be required

at such plumber’s own expense. Representatives of adjacent or

connected facilities shall be mailed copies of the Commissioner’s

order.

(5) Catch basin connections to storm or combined sewers of forty-

eight (48) inches in diameter or smaller shall be made to existing

or new manholes. For sewers larger than forty-eight (48) inches in

diameter, the catch basin connections shall be made to existing

manholes, if available, or directly to the sewer. Details of all other

methods of connections shall be reviewed and approved by the

DEP. All work must be in accordance with any Builders Pavement

Plan, approved by the City.

(6) New sewer connections shall be made to existing spurs fronting the

property.

(7) In cases where no spurs exist, or connection to an existing spur is

not feasible, one of the following methods of connection shall be

used:

(i) For six (6) inch diameter sewer connections to six (6) inch

diameter sewers or drains, three (3) sections of the existing

sewer or drain shall be replaced with two (2) straight pipe

sections and a central spur piece.

(ii) For six (6) inch diameter sewer connections to eight (8)

inch diameter sewers or drains, if the existing eight (8) inch

diameter sewer or drain is not supported by a concrete

cradle, the connection method described in subparagraph (i)

of this paragraph (7) shall apply. For sewers or drains on

concrete cradles, a minimum of four (4) feet in length of

the existing sewer or drain shall be encased in concrete

from the point of connection. The concrete shall be allowed

to set for twenty-four (24) hours, after which time, core

drilling shall be performed.

(iii) Core drilling to install a spur into an existing sewer or drain

shall only be performed with an approved coring machine.

Such coring shall be made at the one (1) or two (2) o’clock

or ten (10) to eleven (11) o’clock position as described in

paragraph (9) of this subdivision (b). The cored portion of

the sewer shall be retained and submitted to the

Inspector. Core drilling shall only be permitted

in the following circumstances:

(A) where the new sewer connection is six (6) inches in

diameter and the existing sewer or drain is ten (10)

inches in diameter or larger;

(B) where the new sewer connection is eight (8) inches

in diameter and the existing sewer or drain is twelve

(12) inches in diameter or larger;

in diameter and the existing sewer or drain is

twenty-four (24) inches in diameter or larger.

(iv) Any sewer connection twelve (12) inches in diameter or

larger to existing sewers or drains less than forty-eight (48)

inches in diameter shall be made only to an existing or

proposed manhole. For sewer connections larger than

eighteen (18) inches in diameter, the applicant shall submit

a detail of the proposed method of connection to the

DEP for review and approval.

(8) Core drilling. Core drilling shall be performed in accordance with

the following requirements:

(i) Clay or Cement Sewers or Drains. A six (6) inch thick

concrete encasement on top and bottom of the existing

sewer or drain for a minimum of four (4) feet length along

the existing sewer shall be provided. The concrete

encasement shall be allowed to set for a minimum of

twenty-four (24) hours before the core drill may be

performed.

(ii) Brick Sewers or Drains. A three (3) inch concrete

encasement with six (6) by six (6) w2.9/w2.9 wire mesh

over the top half of the sewer for a minimum of four (4)

feet along the length of the sewer shall be provided. The

concrete encasement shall be allowed to set for a minimum

of twenty-four (24) hours before the core drill may be

performed.

(9) Installation of a spur on the existing sewer or drain shall be

performed in accordance with the following requirements:

(i) A hole shall be core drilled with an approved core drilling

machine to produce a smooth hole equal to the inside

diameter of the sewer connection. A tap saddle/tee made of

cast iron shall be installed and bonded to the existing sewer

or drain with a quick setting two-part mix of epoxy

adhesive that will harden in four (4) to seven (7) hours.

(ii) A hole shall be core drilled with an approved core drilling

machine to produce a smooth hole equal to the outside

diameter of either a Dutchman (short piece of pipe with

belt) or the outside diameter of a neoprene rubber tee

fitting, which shall be placed in the drilled hole and held in

place by a tampered plastic insert. The sewer connection

shall fit into the open end of the tee fitting and be held in

place by a mechanically tightened steel band.

(10) Should unanticipated field conditions necessitate a different

method of construction than that shown on the certified sewer

certification application, such method shall be submitted for

review and approval by the DEP, prior to any work being

performed.

(1) The materials used for new sewer connections or replacement of

existing sewer connections and appurtenances shall meet the

following requirements:

(i) Extra strength vitrified clay pipe (ESVP), conforming to

A.S.T.M. C-700 on six (6) inch concrete cradle, class forty

(40), for sewer connections up to and including an eighteen

(18) inch diameter;

(ii) Ductile iron pipe (DIP), Class fifty-six (56) with push-on

joints, conforming to A.N.S.I. specification on broken stone

bedding conforming to A.S.T.M. C-33, size sixty-seven

(67);

(iii) Pre-cast Reinforced Concrete Pipe (PCRP) Class three (3)

or higher on six (6) inch concrete cradle conforming to

A.S.T.M. Class thirty five (35) for sewer connections of a

twenty-four (24) inch diameter and larger.

(2) Materials differing from those described in paragraph (1) of this

subdivision (c) shall not be issued without written approval of the

DEP. The burden of establishing the suitability of the material

shall be with the applicant.

(d) Manhole Connections.

(1) The inner top of the proposed sewer connection shall not be lower

than the inner top of the sewer. The invert of the proposed sewer

connection shall be at least three (3) inches above the bench

elevation at the manhole wall. The invert of the proposed sewer

connection shall not be more than four (4) feet above the spring

line (1/2 the diameter) of the sewer.

(2) The use of pre-cast manholes on existing sewers or drains shall be

in conformance with the latest DEP Sewer Design Standards, and

shall be supplied by an approved vendor.

(3) No pre-cast manholes shall be installed on existing brick sewers.

(e) Seepage Basins, Catch Basins and Catch Basin Connections.

(1) All proposed seepage basins, catch basins, and catch basin

connections shall be installed in accordance with any Builders

Pavement Plan approved by the City and the latest Department

standards and requirements, and shall be supplied by approved

vendors.

(f) Trench Excavation.

(1) Prior to performing any excavation, the permittee shall give notice

to the New York City & Long Island One Call Center in

accordance with 16 NYCRR Part 753.

(2) Excavations, trenching, and shoring as required, shall be in

conformance with sections 23 and 53 of the New York State

Industrial Code, and all other applicable Federal, State, and Local

Laws, Rules and Regulations.

(3) Permittees shall comply with all requirements of the DOT or other

entity having jurisdiction.

(4) The permittee shall properly support, protect, and maintain all

facilities encountered.

(5) Rock excavation for proposed sewer connections shall be made in

compliance with applicable sections of the DEP’s Standard

Specifications.

(6) The maximum width of a sheeted trench shall be in accordance

with DEP Sewer Design Standards.

(g) Backfilling.

(1) Backfilling and pavement restoration shall be in compliance with

the Standards and Requirements of the DOT or other entity having

jurisdiction.

(2) No backfilling shall commence until the sewer connection, seepage

basin, catch basin and catch basin connection has been properly

installed, inspected and accepted by the Inspector.

(3) If the work is not accepted by the Inspector, the permittee shall

make the trench safe, including plating in as required by the DOT

or other entity having jurisdiction.

§31-05 Inspections

(a) General Requirements.

(1) All sewer connections, including new connections, relays/repairs,

plugs, catch basin and catch basin connections, and seepage basins

shall be inspected and approved by an Inspector.

(2) A permittee shall be granted an inspection one business day

following the request for such inspection.

(3) Prior to commencing excavation for sewer connections, the

permittee shall verify that the sewer or drain is not surcharged,

obstructed, or damaged. If the sewer is surcharged, obstructed, or

damaged, the permittee shall not perform any work and shall

immediately notify the DEP.

(4) No sewer connection or related work shall be inspected or

approved by an Inspector unless the trench is open for any length

of previously un-inspected work and all pipes, joints, and related

work are visible. A suitable ladder affording safe access for such

inspection shall be provided by the permittee. Trenches must

conform to all applicable Rules, Regulations and laws regarding

safety.

(5) An Inspector is required to be present during any drill-in to a sewer

or drain.

(6) Any trench backfilled without completed inspection shall be re-

excavated to the degree necessary as determined by the Inspector.

(7) Inspections will be conducted Monday through Friday (except on

holidays) between the hours of seven (7) A.M. and four (4) P.M.

Exceptions to this requirement may be granted upon traffic and

work stipulations set forth by the DOT or other entity having

jurisdiction or for other unforeseen circumstances, at the discretion

of the DEP.

(8) No inspection shall be performed unless all permits and

appropriate documentation required by the DEP are displayed at

the work site. Such documentation shall include:

(i) the certified house connection proposal or certified site

connection proposal, with all pertinent supporting

documents where required;

(ii) the approved permit application and sewer connection

permit;

(iii) the street opening permit from the DOT or other entity

having

jurisdiction, and when a Builder’s Pavement Plan has been

required, an approved copy thereof;

(iv) all approved shop drawings;

(v) all Mayor’s Traffic Construction Coordination Committee

traffic stipulations, where weekend and/or night work is

scheduled; and

(vi) all applicable notarized affidavits regarding the reuse of

existing connections.

(b) Certificate of Inspection.

(1) A certificate of inspection shall be issued for each permit granted

by the DEP upon:

(i) successful completion of an inspection; and

(ii) compliance with all applicable requirements in sections 31-

04 and 31-05 of this Rule.

(2) For sewer certifications with multiple permits, a certificate of

inspection shall be issued for each unit.

(3) No certificate of inspection shall be issued unless all sewer work

shown on the certified house connection proposal or site

connection proposal has been completed and inspected.

§31-06 Repair Order

(a) General Requirements.

(1) When a sewer connection, private pumping station, private sanitary

ejector or a private force main is found to be leaking, inoperative

or defective at a particular premises, the DEP shall issue a repair

order to the Owner of such premises. The repair order shall

instruct the Owner to make all necessary repairs and otherwise

comply with the requirements of such order within 30 days of the

date of issuance of such order, except when the DEP determines

that there is an immediate danger to public health, property or to

the environment, in which case such order may provide that repairs

shall be made immediately upon issuance of such order. For

purposes of this section, “ejector” shall mean a mechanical device

used to pump or eject sewage.

(2) If the Owner has not complied with the repair order in the period

allowed, the DEP shall shut off the water service tap/wet

connection of the premises. All repair work concerning a sewer

connection shall be performed by a Licensed Master Plumber, as

provided herein.

(3) If an Owner believes that a repair order has been issued in error or

that exigent circumstances exist such that shutting off the tap/wet

connection of the premises would result in extreme hardship, the

Owner may apply by letter to the Commissioner who shall make a

final determination as to whether the repair order was issued in

error or whether exigent circumstances exist warranting an

abeyance of issuance of the repair order.

(4) A Licensed Master Plumber shall obtain a sewer connection repair

permit prior to performing work pursuant to a repair order on a

sewer connection or in compliance with sections 25-03(a)(4) and

25-05(a) of this Rule. Upon completion of all necessary repairs by

the Licensed Master Plumber and approval by the DEP, a Licensed

Master Plumber shall obtain a tap/wet connection permit to restore

the water service.

(5) When the water service is shut off by the DEP, the Owner must

engage a Licensed Master Plumber to assume responsibility for the

excavation over the tap or wet connection. If the Owner fails to

engage a Licensed Master Plumber, the water service will remain

shut off, the excavation will be backfilled, and the street will be

properly restored.