New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-2 - Standards And Procedures For Regulated Activities And Noncomplying Regulated Activities › Section 128-2.7 - Noncomplying regulated activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General requirements.
(1) A noncomplying regulated activity may be
					 continued except where specifically prohibited from continuing by these rules
					 and regulations.
(2) A noncomplying
					 regulated activity shall come into compliance with these rules and regulations
					 where specifically required to do so by these rules and regulations.
(3) Except where otherwise provided in these
					 rules and regulations, no noncomplying regulated activity shall be
					 substantially altered or modified without the prior review and approval of the
					 department. The department shall review and approve such an alteration or
					 modification in accordance with the standards and procedures set forth in
					 Subpart 128-6 of this Part. However, a noncomplying regulated activity may be
					 reduced in size or extent without such review and approval provided that such
					 reduction does not cause any increase in any existing discharge or any increase
					 in the potential for contamination to or degradation of the water supply. An
					 application for a regulated activity to be located on a site with a
					 noncomplying regulated activity, which does not involve a substantial
					 alteration or modification of a noncomplying regulated activity, shall be
					 reviewed in accordance with the standards for that regulated
					 activity.
(4) In the event that any
					 noncomplying regulated activity is discontinued for a period of one year or
					 more, it shall permanently desist. However, a noncomplying regulated activity
					 shall not be deemed discontinued in the following situations:
(i) seasonal use of a residence or
					 business;
(ii) destruction of 75
					 percent or more of the market value of a noncomplying regulated activity and
					 its related property, by flood, fire, or other natural disaster, provided that
					 any replacement of a noncomplying regulated activity shall be identical in
					 capacity, intensity, volume and type to the former noncomplying regulated
					 activity and provided that such replacement shall take place within two years
					 of such destruction, and provided further that such replacement shall comply
					 with these rules and regulations, where possible; or
(iii) transfer, sale, or lease of a residence
					 or business provided further that the noncomplying regulated activity is not
					 changed to a different noncomplying regulated activity, unless approved by the
					 department, and provided that such transfer, sale or lease occurs within three
					 years of the offering for sale or lease of the residence or business.
(5) Should any noncomplying
					 regulated activity cause contamination to or degradation of the water supply,
					 such that the activity is a threat to the life, health, or safety of water
					 supply users, the commissioner may order that such noncomplying regulated
					 activity conform either in whole or in part to the requirements of these rules
					 and regulations, immediately or within a limited period of time at the
					 commissioner's discretion, or be discontinued immediately. Any person who
					 receives such an order may request a hearing on such order in the manner
					 provided in section
					 128-2.9 
					 of this Subpart.
(6) Any owner or
					 operator of a noncomplying regulated activity who was not required by these
					 rules and regulations to notify the department pursuant to paragraph (b)(1) of
					 this section, may request, in writing, a determination from the department that
					 such property or activity is a noncomplying regulated activity. The written
					 request shall include all of the information required in such paragraph. The
					 department shall determine, based upon the submission, whether the property or
					 activity is a noncomplying regulated activity, and shall notify the owner or
					 operator of such determination in writing.