Bull riveter in operation, January 24, 1913.

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Smart Business

A Guide to DEP Environmental Regulations and Permitting Requirements for Businesses in New York City

About this Guide

This guide provides information for businesses in NewYork City that must comply with local environmental regulations and permitting requirements including:

autobody shops
auto repair shops
dry cleaners
electroplaters
food service companies
jewelry manufacturers
metal fabricators
printers
restaurants
surface coaters
textile and dye shops
woodworkers

This guide describes major Department of Environmental Protection (DEP) permit and non-permit environmental compliance requirements. It does not describe all of DEP’s programs and requirements nor state and federal requirements. For example, beyond complying with DEP’s air permitting requirements, electroplaters must also comply with federal regulations controlling the emission of Hazardous Air Pollutants (HAPs). Furthermore, a business may have requirements under several DEP programs.

Download the Brochure (PDF)

WATER AND SEWER: See Administrative Code Title 24, Chapters 3 and 5, and Rules of the City of NewYork Title 15, Chapter 19
...	A water tap or wet connection permit along with a water meter permit is required for water service. A sewer connection permit is required for the discharge of wastewater and storm water into the City’s sewers.
...	Any industrial or commercial facility making a new sewer connection must submit a wastewater quality control application.
...	Non-residential facilities (e.g. restaurants, food handling operations, hospitals, day care and senior centers) should have grease interceptors. An amendment to the New York City Sewer Use Regulations provides for “Self Certification” of grease interceptors by a licensed New York State Professional Engineer or Registered Architect, with Affidavit of Completion by a licensed Master Plumber.
...	“Significant Industrial Users” (SIUs) are required to obtain an industrial wastewater discharge permit. Non-SIUs may have to meet standards under a Commissioner’s Order and Directive.
...	Certain facilities may also require an oil/water separator, if their floor, trench or zip drain(s) lead(s) to public sewers.
WATER CONSERVATION: See Rules of the City of NewYork Title 15, Chapter 20.
...	Businesses should regularly read their water meters and survey their operation for leaks. Leaks should be repaired as soon as possible.
...	All air conditioning systems in excess of two tons must recirculate the cooling water.
...	Washing sidewalks or watering lawns and gardens is prohibited between 11am and 7pm, and at all hours from November 1 through April 1. All hoses must have nozzles.
AIR: See Administrative Code Title 24, Chapter 1, and Rules of the City of New York Title 15, Chapters 1-5, 8-10 and 12.
...	Boilers, based on their BTU rating, require either a registration or a work permit and certificate of operation.
...	Industrial/commercial equipment such as dry cleaning machines, printers, spraybooths, spray guns, degreasers, and mechanically assisted tailpipe exhaust systems (unless used only for the NYS Vehicle Inspection and Maintenance Program) require a work permit and a certificate of operation.
...	The certificate of operation is based on the information in the work permit and is issued only after passing a DEP field inspection.
...	It is prohibited to cause emissions of air contaminants or odors potentially detrimental to a person’s health or comfort.
...	Registrations and certificates of operation must be renewed every three years.
	Vehicles:
...	It is illegal to idle any vehicle’s engine for more than three minutes, unless it is used to operate equipment such as a truck’s liftgate or refrigeration unit.
NOISE: See Administrative Code Title 24, Chapter 2, and Rules of the City of New York Title 15, Chapters 6 and 7.
...	Construction is allowed only on weekdays between 7am and 6pm. Variances may be issued allowing construction at other times.
...	Certain kinds of equipment must be operated to ensure an acceptable noise level within a residence. It is unlawful to operate an air circulation device, e.g., air conditioner, fan, or exhaust system, such that the equipment raises the ambient noise level above 45 dB(A), when measured inside an affected residence.
...	It is illegal to operate a sound reproduction device into a public area (e.g., a public street) for the purposes of attracting attention to merchandise or for other commercial purposes.
HAZARDOUS MATERIALS AND SPILLS: Facility Inventory Filing: See Administrative Code Title 24, Chapter 7 and Rules of the City of New York Title 15, Chapter 41.
...	If you store, handle or process any chemical listed on the New York City List of Hazardous Substances at or above its threshold quantity, you must annually file a Facility Inventory Form. If you store, handle or process any extremely hazardous substance or regulated toxic substance at or above federally established levels, you must file a Risk Management Plan.
Hazardous Substances Emergency Response Law: See Administrative Code Title 24, Chapter 6 and Rules of the City of New York Title 15, Chapter 11.
...	If you know of a release or spill of a hazardous substance or abandoned materials, you are required to immediately telephone the NYCDEP’s Division of Emergency Response & Technical Assessment (DERTA), at 718-595-4646, and send written notification, by certified mail, within one week of the release, to DERTA, at 59-17 Junction Boulevard, 1st Flr. LR, Flushing, NY 11373-5108.
ASBESTOS: See Administrative Code Title 24, Chapter 1, and Rules of the City of New York,Title 15, Chapter 1.
...	If you engage in any demolition/renovation activities that could disturb Asbestos-Containing Material (ACM) and for which a NYC Department of Buildings (DOB) permit or plan approval is required, you must file either of the following forms with DOB: An ACP7 (Asbestos Inspection Report) Form, if you will disturb more than 10 square feet, or more than 25 linear feet, of ACM; or an ACP5 (Not an Asbestos Project) Form, if your activities will disturb 10 square feet or less, or 25 linear feet or less, of ACM.
...	For demolition or renovation activities disturbing more than 10 square feet or more than 25 linear feet of ACM, for which no Department of Buildings permit or plan approval is required, the ACP7 must be filed with DEP at least seven days before the start of the project..
...	Asbestos removal work must be done by a New York State Department of Labor (NYSDOL) licensed contractor and NYSDOL and DEP certified workers.

Further Assistance:

DEP’s Environmental Economic Development Assistance Unit-EEDAU (Dial 311): for compliance assistance on local regulations and pollution prevention assistance; copies of regulations. You also can visit DEP’s One Stop Information Office at 96-05 Horace Harding Expressway, Queens, New York.

For assistance on state requirements, permits, and compliance assistance, call the NewYork State Department of Environmental Conservation, Division of Environmental Permits (718-482-4900 or 4997).

For assistance on federal requirements and pollution prevention assistance, call the United States EPA Region 2 Compliance Assistance Section (212-637-4050).

Free, Confidential Assistance on State Air Regulations:

The Environmental Ombudsman Unit (EOU) (212) 803-2288:located at the Empire State Development, Division for Small Business, is the small business advocate. The EOU can provide information on complying with environmental regulations and assist businesses through the compliance process.

The Small Business Assistance Program (800-780-7227): located at the New York State Environmental Facilities Corporation, provides technical services to small businesses including permit assistance and technical advice on pollution prevention and control strategies.

Last updated January 19, 2007

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