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Office of Administrative Trials and Hearings/Environmental Control Board

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

On October 2, 2013, Mayor Bloomberg signed into law Intro 1107-A, which became Local Law 77 of 2013 (Local Law 77), in relation to the collection of food waste. Specifically, this law codified the Department of Sanitation’s (DSNY) organic waste collection pilot program and made several technical amendments to section16-308 of the New York City Administrative Code. 

The ECB held a public hearing on June 11, 2014 regarding amendments to its Sanitation Penalty Schedule found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York relating to organic waste recycling.   Neither written comments nor oral testimony were presented at the June 11, 2014 public hearing concerning the proposed rule regarding amendments to its Sanitation Penalty Schedule.

Several subdivisions of section 16-308 that DSNY currently enforces were relettered.  These sections relate to a city yard waste collection program. The rule amends ECB’s Sanitation Penalty Schedule to reflect the relettering of subdivisions of section 16-308 by Local Law 77. The penalties for these violations remain unchanged.

The former subdivision (e) of section 16-308 of the Administrative Code establishes requirements related to the manner in which yard waste should be set out for collection by DSNY. Local Law 77 relettered subdivision (e) as subdivision (f).

The former subdivision (f) of section 16-308 of the Administrative Code, establishes requirements applicable to business that generate yard waste. Local Law 77 relettered subdivision (f) as subdivision (g).

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Effective Date: 
Sun, 08/10/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

 

On August 12, 2013, Mayor Bloomberg signed into law Intro. No. 893-A, also referred to as Local Law No. 57 of 2013. This law created a new chapter in Title 16 of the Administrative Code of the City of New York, Chapter 4-D, which establishes several new violations related to the bulk collection of recyclable containers using motor vehicles.

The ECB held a public hearing on April 22, 2014 regarding amendments to its Sanitation Penalty Schedule found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. A representative from the NYC Department of Health and Mental Hygiene (“DOHMH”) attended the April 22, 2014 public hearing. Neither written comments nor oral testimony were presented at the April 22, 2014 public hearing concerning the Proposed Rule regarding amendments to ECB’s Sanitation Penalty Schedule.

 

The law prohibits the use of a motor vehicle to accept, receive, or collect recyclable containers in bulk from more than one person on streets and in public areas, except for by authorized city employees or agents or private carters licensed or registered pursuant to section 16-505 of the Administrative Code. It also restricts the transfer of recyclable containers in bulk from one vehicle to another on or in any street where one or more of the vehicles involved in the transfer has a commercial license plate. The use of city streets for this activity creates significant health and safety risks for pedestrians and drivers.Any owner of a motor vehicle used in violation of this law is also liable unless he or she can show that the vehicle was used without his or her knowledge. 

On private property, if individuals wish to accept, receive, or otherwise collect recyclable containers in bulk from more than two persons, or to transfer recyclable containers in bulk from one motor vehicle to another, they must register with the Department of Sanitation. They must also ensure that they do not create nuisances or hazardous conditions by maintaining clean sidewalks and roadways around their sites. They also must satisfy annual reporting requirements, as specified in Administrative Code 16-473.

Pursuant to Sections 1048 and 1049-a of the New York City Charter and Chapter 3 of Title 48 of the RCNY, the New York City Environmental Control Board (ECB) hears and decides notices of violation issued for violations of the Administrative Code requirements pertaining to the acceptance of recyclable containers in bulk using motor vehicles. These requirements can be found in Chapter 4-D of Title 16 of the Administrative Code, enacted by Local Law 57 of 2013. The rule sets forth the penalties for these violations, which can result in fines of $250 to $1000 and/or an owner’s vehicle being impounded.

 

ECB’s authority for these rules is found in Chapter 4-D of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a of the New York City Charter.

 

 

Effective Date: 
Sun, 07/13/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

ECB has amended its penalty schedule to allow for enforcement of new laws and rules that set limits on volatile organic compound (VOC) emissions in carpets and carpet cushions. Local Law 2 of 2012 added a new Chapter 13 to Title 17 of the Administrative Code, effective July 1, 2013.  After the law was passed, DOHMH enacted rules implementing this new chapter. Those rules became effective on August 23, 2013.

 

The ECB held a public hearing on April 22, 2014 regarding amendments to its Health Code and Miscellaneous Food Vendor Violations Penalty Schedule found in Section 3-110 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. A representative from the NYC Department of Health and Mental Hygiene (“DOHMH”) attended the April 22, 2014 public hearing. Neither written comments nor oral testimony were presented at the April 22, 2014 public hearing concerning the Proposed Rule regarding amendments to ECB’s  Health Code and Miscellaneous Food Vendor Violations Penalty Schedule.

 

VOCs are common chemical contaminants that easily evaporate into the air. Some VOCs may have short- or long-term adverse health effects. U.S. Environmental Protection Agency studies have consistently found that VOC levels can be two to five times higher indoors than outdoors. Their presence can be noticed as an odor from new building materials including carpet, carpet backing, carpet cushion and adhesives. Carpet products that limit VOC emissions protect public health by improving the indoor air quality in homes and workplaces.

 

The rule sets seven penalties, ranging from $150 to $500, related to VOC emissions:

1.      Non-compliant carpet or carpet cushion sold, offered for sale or installed, first violation.

2.      Non-compliant carpet or carpet cushion sold, offered for sale or installed, second violation.

3.      Required notice not posted in a conspicuous location, or not provided in written or electronic form.

4.      Required documentation not provided within three business days of request.

5.      Receipt not provided to consumer.

6.      Posted sign does not meet required specifications.

7.      Notice text does not conform to wording requirement.

 

The penalties are within the limits of the penalty amounts authorized in Administrative Code section 17-1409. For violations issued under section 17-1402, a second and subsequent violation is a violation by the same respondent of the same section of law.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Effective Date: 
Sun, 07/13/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

On December 20, 2013, Mayor Bloomberg signed Intro. 1213-A of 2013, which became Local Law 153 of 2013 (LL 153/13). This law amended the Administrative Code (Ad. Code) to give respondents receiving a first violation for certain provisions the opportunity to avoid paying a civil penalty if they cure the violations within a specific time period. The proposed rule has added a $0 mitigated penalty to three ECB penalty schedules upon a showing that the underlying violations have been cured.

 

The ECB held a public hearing on May 5, 2014 regarding amendments to its Sanitation, Air, and Noise Codes Penalty Schedules.  The Sanitation Penalty Schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York; the Air Code Penalty Schedule is found in Section 3-102 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York; and the Noise Code Penalty Schedule is found in Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. Neither written comments nor oral testimony were presented at the May 5, 2014 public hearing concerning the Proposed Rule regarding amendments to ECB’s Sanitation, Air, and Noise Codes Penalty Schedules.

 

Ad. Code § 16-116(d)(i)

Paragraph (i) of subdivision d of section 16-116 of the Administrative Code provides the penalty for violations of subdivisions a and b of this section. LL 153/13 amended paragraph (i) of subdivision d of section 16-116 to provide for a cure period for a respondent who received a notice of violation (“NOV”) of subdivision b of section 16-116 for the first time. A respondent may receive a mitigated penalty of $0 if he or she provides proof to ECB that the violation was corrected before the date of the initial hearing. Such proof may include a copy of the actual decal, written receipts or an agreement from the private carter. 

 

Ad. Code §§ 24-165 and 24-166 (Air Code)

Section 24-165 sets forth requirements for air contaminant detectors. Section 24-166 sets forth requirements for combustion shutoffs, which are installed to automatically shut down oil-burning equipment when an emission which exceeds the prescribed opacity or density is detected. LL 153/13 added a new subdivision (g) to section 24-165 and a new subdivision (c) to section 24-166. The new subdivisions are identical and provide that the DEP Commissioner can recommend the imposition of a zero penalty to the Board for a first offense of section 24-165 or 24-166 if, within 45 days of the return date indicated on the notice of violation (NOV), respondent admits the violation and submits evidence satisfactory to DEP that work has been performed to permanently correct the violation.

 

 

Ad. Code § 24-227 (Noise Code)

This section prohibits excessive noise from circulation devices. LL 153/13 added a new subdivision (d) to section 24-227. It provides that the DEP Commissioner can recommend to ECB that no civil penalty be imposed for a first violation of this section if, within 45 days of the return date on the NOV, the respondent admits liability for the violation and files a certification with DEP that improvements have been made to the establishment and that measurements substantiate that the establishment is in full compliance with the sound levels described in section 24-227. The violation may nevertheless serve as a basis for imposing penalties for subsequent violations of section 24-227.

 

ECB has included these changes and accompanying head notes in its penalty schedule to comply with the requirements of the new law.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Effective Date: 
Wed, 07/02/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 11, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

On October 2, 2013, Mayor Bloomberg signed into law Intro 1107-A, which became Local Law 77 of 2013 (Local Law 77), in relation to the collection of food waste. Specifically, this law codified the Department of Sanitation’s (DSNY) organic waste collection pilot program and made several technical amendments to section16-308 of the New York City Administrative Code. 

Several subdivisions of section 16-308 that DSNY currently enforces were relettered.  These sections relate to a city yard waste collection program. This proposed rule amends ECB’s Sanitation Penalty Schedule to reflect the relettering of subdivisions of section 16-308 by Local Law 77. The penalties for these violations remain unchanged.

The former subdivision (e) of section 16-308 of the Administrative Code establishes requirements related to the manner in which yard waste should be set out for collection by DSNY. Local Law 77 relettered subdivision (e) as subdivision (f).

The former subdivision (f) of section 16-308 of the Administrative Code, establishes requirements applicable to business that generate yard waste. Local Law 77 relettered subdivision (f) as subdivision (g).

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Subject: 

ECB Proposed Rule regarding amendments to its Sanitation Penalty Schedule concerning organic waste recycling. The proposed rule amends ECB's sanitation Penalty Schedule to reflect the relettering of certain subdivisions of section 16-308 of the New York City Administrative Code by Local Law 77 of 2013.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York , NY 10038
Contact: 

James Macron at (212) 436-0594 and Elizabeth Nolan at (212) 436-0592

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 5, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

On December 20, 2013, Mayor Bloomberg signed Intro. 1213-A of 2013,which became Local Law 153 of 2013 (LL 153/13). This law amends the Administrative Code (Ad. Code) to give respondents receiving a first violation for certain provisions the opportunity to avoid paying a civil penalty if they cure the violations within a specific time period. This proposed rule adds a $0 mitigated penalty to three ECB penalty schedules upon a showing that the underlying violations have been cured.

 

Ad. Code § 16-116(d)(i)

Paragraph (i) of subdivision d of section 16-116 of the Administrative Code provides the penalty for violations of subdivisions a and b of this section. LL 153/13 amends paragraph (i) of subdivision d of section 16-116 to provide for a cure period for a respondent who received a notice of violation (“NOV”) of subdivision b of section 16-116 for the first time. A respondent may receive a mitigated penalty of $0 if he or she provides proof to ECB that the violation was corrected before the date of the initial hearing. Such proof may include a copy of the actual decal, written receipts or an agreement from the private carter. 

 

Ad. Code §§ 24-165 and 24-166 (Air Code)

Section 24-165 sets forth requirements for air contaminant detectors. Section 24-166 sets forth requirements for combustion shutoffs, which are installed to automatically shut down oil-burning equipment when an emission which exceeds the prescribed opacity or density is detected. LL 153/13 adds a new subdivision (g) to section 24-165 and a new subdivision (c) to section 24-166. The new subdivisions are identical and provide that the DEP Commissioner can recommend the imposition of a zero penalty to the Board for a first offense of section 24-165 or 24-166 if, within 45 days of the return date indicated on the notice of violation (NOV), respondent admits the violation and submits evidence satisfactory to DEP that work has been performed to permanently correct the violation.

 

 

Ad. Code § 24-227 (Noise Code)

This section prohibits excessive noise from circulation devices. LL 153/13 adds a new subdivision (d) to section 24-227. It provides that the DEP Commissioner can recommend to ECB that no civil penalty be imposed for a first violation of this section if, within 45 days of the return date on the NOV, the respondent admits liability for the violation and files a certification with DEP that improvements have been made to the establishment and that measurements substantiate that the establishment is in full compliance with the sound levels described in section 24-227. The violation may nevertheless serve as a basis for imposing penalties for subsequent violations of section 24-227.

 

ECB is including these changes and accompanying head notes in its penalty schedule to comply with the requirements of the new law.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

 

Subject: 

Proposed Rule regarding Cure Period for Certain Violations concerning ECB's Sanitation, Air Code and Noise Code Penalty Schedules.

Location: 
Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0592 and Jim Macron at (212) 436-0594

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 22, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

 

On August 12, 2013, Mayor Bloomberg signed into law Intro. No. 893-A, also referred to as Local Law No. 57 of 2013. This law created a new chapter in Title 16 of the Administrative Code of the City of New York, Chapter 4-D, which establishes several new violations related to the bulk collection of recyclable containers using motor vehicles.

The law prohibits the use of a motor vehicle to accept, receive, or collect recyclable containers in bulk from more than one person on streets and in public areas, except for by authorized city employees or agents or private carters licensed or registered pursuant to section 16-505 of the Administrative Code. It also restricts the transfer of recyclable containers in bulk from one vehicle to another on or in any street where one or more of the vehicles involved in the transfer has a commercial license plate. The use of city streets for this activity creates significant health and safety risks for pedestrians and drivers. Any owner of a motor vehicle used in violation of this law is also liable unless he or she can show that the vehicle was used without his or her knowledge. 

On private property, if individuals wish to accept, receive, or otherwise collect recyclable containers in bulk from more than two persons, or to transfer recyclable containers in bulk from one motor vehicle to another, they must register with the Department of Sanitation. They must also ensure that they do not create nuisances or hazardous conditions by maintaining clean sidewalks and roadways around their sites. They also must satisfy annual reporting requirements, as specified in Administrative Code 16-473.

Pursuant to Sections 1048 and 1049-a of the New York City Charter and Chapter 3 of Title 48 of the RCNY, the New York City Environmental Control Board (ECB) hears and decides notices of violation issued for violations of the Administrative Code requirements pertaining to the acceptance of recyclable containers in bulk using motor vehicles. These requirements can be found in Chapter 4-D of Title 16 of the Administrative Code, enacted by Local Law 57 of 2013. The proposed rule sets forth the penalties for these violations, which can result in fines of $250 to $1000 and/or an owner’s vehicle being impounded.

 

ECB’s authority for these rules is found in Chapter 4-D of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a of the New York City Charter.

 

 

 

Subject: 

Proposed Rule concerning the amendment of ECB's Sanitation Penalty Schedule pertaining to the bulk collection of recyclable containers.

Location: 
Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0592 or James Macron at (212) 436-0594

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 22, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

ECB is amending its penalty schedule to allow for enforcement of new laws and rules that set limits on volatile organic compound (VOC) emissions in carpets and carpet cushions. Local Law 2 of 2012 added a new Chapter 13 to Title 17 of the Administrative Code, effective July 1, 2013.  After the law was passed, DOHMH enacted rules implementing this new chapter. Those rules became effective on August 23, 2013.

 

VOCs are common chemical contaminants that easily evaporate into the air. Some VOCs may have short- or long-term adverse health effects. U.S. Environmental Protection Agency studies have consistently found that VOC levels can be two to five times higher indoors than outdoors. Their presence can be noticed as an odor from new building materials including carpet, carpet backing, carpet cushion and adhesives. Carpet products that limit VOC emissions protect public health by improving the indoor air quality in homes and workplaces.

 

The proposed rule sets seven new penalties, ranging from $150 to $500, related to VOC emissions:

1.      Non-compliant carpet or carpet cushion sold, offered for sale or installed, first violation.

2.      Non-compliant carpet or carpet cushion sold, offered for sale or installed, second violation.

3.      Required notice not posted in a conspicuous location, or not provided in written or electronic form.

4.      Required documentation not provided within three business days of request.

5.      Receipt not provided to consumer.

6.      Posted sign does not meet required specifications.

7.      Notice text does not conform to wording requirement.

 

The proposed penalties are within the limits of the penalty amounts authorized in Administrative Code section 17-1409. For violations issued under section 17-1402, a second and subsequent violation is a violation by the same respondent of the same section of law.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Subject: 

Proposed Rule concerning the amendment to ECB's Health Code and Miscellaneous Food Vendor Violations Penalty Schedule regarding carpet emissions.

Location: 
Environmental Control Board
66 John Street 10th Floor, Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0592 or James Macron at (212) 436-0594

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a public hearing on January 8, 2014, regarding amendments to section 48 RCNY 3-31(c) of its rules of procedure.  The rule clarifies that a single attempt at service of a notice of violation may be sufficient to constitute “a reasonable attempt” under Section 1049-a(d)(2)(b) of the New York City Charter (“Charter”).  Section 1049-a does not contain a definition of “reasonable attempt,” but ECB decisions have long held that a single attempt is sufficient.  However, recent court decisions have created some confusion as to the correct standard.  Therefore, ECB has codified its decisions via rulemaking. Four (4) members of the public attended the January 8, 2014, public hearing and two (2) members of the public testified on the proposed rule. Two written comments were received. The Board has considered the testimony from the 2 members of the public and the 2 written comments.
 
The Current Rule
 
ECB’s rules of procedure, as found in 48 RCNY 3-31(c), regulate the service of certain notices of violation (NOV).  A person accused of violating a provision of the Charter or the City’s Administrative Code under ECB’s jurisdiction is known as a respondent.  
 
Under Charter Section 1049-a(d)(2)(a), an agency typically must serve a NOV to a respondent in the same manner as is prescribed by article three of the Civil Practice Law and Rules (CPLR) or article three of the Business Corporation Law (BCL).  However, the Charter also includes a number of exceptions.  Section 1049-a(d)(2)(a)(i) allows for service of a NOV by delivering the notice to a person employed by the respondent on or in connection with the premises where the violation occurred.  Section 1049-a(d)(2)(a)(ii) allows for service of a NOV issued by the Department of Sanitation, the Department of Buildings, or the Fire Department by affixing such notice in a conspicuous place to the premises where the violation occurred.
 
Charter Section 1049-a(d)(2)(b) provides that these exceptions only apply after “a reasonable attempt” has been made to serve the NOV in a manner permitted by article three of the CPLR or article three of the BCL.  The Charter does not contain a definition of “reasonable attempt,” but ECB has long interpreted the language so that a single attempt could satisfy the requirement.  ECB’s interpretation is based on the plain language of section 1049-a(d)(2)(b), which requires “a reasonable attempt” (emphasis added), and also the section’s legislative history.  The State Legislature added section 1049-a(d)(2)(b) to the Charter with the intent that the new language would “eliminate the time-consuming, costly and often unrewarding process now entailed in identifying and locating the person responsible for the violation.”  Governor’s Memorandum on Approval, Bill Jacket, L. 1979, ch. 623.  The rule ensures that the legislative intent behind the creation of section 1049-a(d)(2)(b) is codified in ECB’s rules of procedure. 
 

ECB’s authority to implement this rule is found in Section 1049-a of the New York City Charter.

 

 

Effective Date: 
Sun, 03/16/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

  

The Environmental Control Board held a public hearing on December 18, 2013 regarding amendments to its Sanitation Penalty Schedule. This schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). A representative from the Department of Buildings and one member of the public attended the public hearing. The member of the public testified on the proposed rule. No written comments were received. The Board has considered the testimony from the member of the public.

 

On August 12, 2013, Mayor Bloomberg signed Local Law No. 56 for the year 2013. This law repealed the prior theft of recycling laws and added new provisions that enhance the City’s enforcement of the scavenging law by punishing those who unlawfully take City property or recyclables for their own financial gain.

 

Specifically, Local Law No. 56 amended the City’s recycling law by requiring a written agreement between a building owner and a private recyclables collector prior to the removal of recyclables. As amended, the law now also requires any building with four or more residential units or occupied by a City agency that receives DSNY collection and is in need of supplemental collection to first request supplemental collection from DSNY before entering into any additional agreements.

 

Additionally, there has been an increase in the theft of recyclable material containing refrigerants, which often results in harmful CFCs being released into the air. Local Law No. 56 makes it unlawful to remove a refrigerant-containing item or Department-marked item that has been placed out by the owner for DSNY collection, and allows the City to issue penalties against those who remove, transport, and receive unlawfully taken materials. Finally, Local Law No. 56 creates a citizen reward program for persons who report unlawful scavenging activities that lead to a conviction. Notices of Violation issued as a result of a citizen complaint will be based on an affidavit filed by the citizen.

 

This rule has added new definitions and new penalty amounts in ECB’s DSNY penalty schedule to comply with Local Law No. 56. For tracking purposes, the rule contains different categories for actions commenced based on the observation of a DSNY employee and those commenced based on a citizen affidavit (marked “Affidavit” in the penalty schedule).

 

The penalty provisions in Local Law No. 56 are codified in Sections 16-118 and 16-464 of the Administrative Code of the City of New York. The new penalties added by Local Law No. 56 in section 16-464 are flat penalties, and the statute does not provide a range for each charge. Solely for the convenience of the public, ECB is including these charges and accompanying head notes in its penalty schedule to ensure that ECB’s Penalty Schedules are as comprehensive as possible.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Effective Date: 
Sun, 03/16/2014

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