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Office of Administrative Trials and Hearings/Environmental Control Board

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, January 6, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

On February 18, 2014, Mayor de Blasio launched the Vision Zero action plan – an ambitious plan to reduce traffic fatalities in New York City. Vision Zero accepts no traffic fatality as inevitable. Vision Zero allows government agencies, industry groups, key transportation stakeholders and the public to understand traffic crashes as the result of a series of actions that can be changed or prevented through enforcement, education and design. As part of Mayor de Blasio’s Vision Zero Action Plan, several pieces of legislation have been enacted that are intended to reduce fatalities resulting from motor vehicle accidents. Among this legislation are two new laws, Local Law No. 29 and Local Law No. 50 of 2014, which establish civil penalties for certain traffic-related offenses, and which provide for adjudication by the Environmental Control Board.  This proposed rule would amend ECB’s DOT Penalty Schedule to implement these new laws.

 

Section One: Right of Way

 

Local Law No. 29 of 2014 added a new Section 19-190 to the Administrative Code, entitled “Right of way.”  Subdivision (a) provides that if a motor vehicle driver fails to yield to a pedestrian or bicyclist who has the right of way, the driver shall be subject to a civil penalty of not more than $100, in addition to or as an alternative to the penalties that can be imposed for committing a traffic infraction as provided in the law.  Subdivision (b) of Section 19-190 provides that if a driver violates subdivision (a) and the vehicle causes contact with the pedestrian or bicyclist, and thereby causes physical injury, the driver shall be subject to a civil penalty of not more than $250, in addition to or as an alternative to the penalties that can be imposed for committing a misdemeanor as provided in the law.

 

 

 

Section Two: Civil Penalties for Leaving the Scene of an Incident without Reporting

 

Local Law No. 50 of 2014 added a new Section 19-191 to the Administrative Code, entitled “Civil penalties for leaving the scene of an incident without reporting.”  The civil penalties contemplated by the law relate to a violation of Vehicle and Traffic Law Section 600, which obligates motor vehicle operators, who know or have cause to know that property damage or personal injury has been caused due to an incident involving their vehicle, to stop and share their identifying information with the person sustaining the damage or injury and/or with a police officer, the nearest police station, or a judicial officer, as applicable. 

 

New Administrative Code Section 19-191 sets forth four levels of civil penalties associated with a motor vehicle operator’s failure to comply with Vehicle and Traffic Law Section 600, as follows:

 

·                        If an incident involves property damage, the operator is liable for a civil penalty of not more than $500;

·                        If an incident involves physical injury, the operator is liable for a civil penalty of not less than $1,000 and not more than $2,000;

·                        Notwithstanding the limits on civil penalties where an incident involves physical injury, if an incident involves serious physical injury, the operator is liable for a civil penalty of not less than $2,000 and not more than $10,000; and

·                        Notwithstanding the limits on civil penalties where an incident involves physical injury, if an incident involves death, the operator is liable for a civil penalty of not less than $5,000 and not more than $10,000.

 

Penalties

 

The default penalties for these sections are the maximum penalty amounts pursuant to the respective sections.

 

The proposed rule would add six new entries to the Department of Transportation Penalty Schedule in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), setting forth civil penalties for the enforcement of Sections 19-190 and 19-191 of the Administrative Code.  In recognition of the seriousness of the offenses articulated by these two new laws, no cure periods are provided and the civil penalties are set at the maximum authorized by Local Law Nos. 29 and 50, respectively.

 

ECB’s authority for these rules is found in Sections 1043 and 1049-a of the New York City Charter and Sections 19-190 and 19-191 of the New York City Administrative Code (Section 19-191 as enacted by Local Law No. 50 of 2014). 

 

 

 

Subject: 

ECB Proposed Rule concerning the amendment of its Department of Transportation Penalty Schedule regarding the failure to yield and leaving scene of accident.

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

Elizabeth Nolan-Marino at (212) 436-0708 or Jim Macron at (212) 436-0602

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Monday, December 29, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

 

 

The New York City Environmental Control Board is proposing a rule to  modify the ECB Buildings Penalty Schedule to enforce Local Law 141 of 2013 (LL 141), also known as the 2014 NYC Construction Code update.

 

 

 

LL 141, which goes into effect on December 31, 2014, amends the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code and brings these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

 

 

LL 141 amended some requirements, added new requirements and renumbered existing sections of these codes. The penalty schedule needs to be amended to reflect these changes.  The proposed rule amends the penalty schedule by:

 

·       updating sections of the Administrative Code,

 

·       updating descriptions to the table of classifications,

 

·       deleting some existing violations that no longer apply or could be combined with existing descriptions, and

 

·       adding new violations and their classifications.

 

 

 

Penalty amounts for all existing infractions remain unchanged.   All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1.  The statutory maximum for each class of violation is:

 

Class 3 -$500,

 

Class 2 - $10,000, and

 

Class 1 - $25,000.

 

 

 

New violations that are not immediately hazardous (Class 1) are indicated as curable in the penalty schedule.

 

 

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Buildings Penalty Schedule regarding the implementation of Local Law 141 of 2013.

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

Elizabeth Nolan-Marino at (212) 436-0708 or Jim Macron at (212) 436-0602

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Monday, December 29, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Environmental Control Board (“ECB”) proposes amendments to the Department of Transportation (DOT) penalty schedule, codified in Section 3-124 of Title 48 of the Rules of the City of New York.  In an effort to support Mayor de Blasio’s Small Business First initiative and set penalties that are reasonable in relation to the violations cited, DOT has requested that ECB:

·       lower the penalty for failure to obtain a confirmation number for a street opening permit on a protected street, and

·       add a separate penalty for failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

This amendment and the additional charge will clarify the difference between a respondent’s failure to notify the department prior to commencing a backfill on a protected street versus a respondent’s failure to obtain a confirmation number for any street opening permit on a protected street. They will also ensure that the penalty is proportionate to the violating condition cited, and will promote consistency within DOT’s fine structure by setting similar penalties for similar offenses.

 

Fine Decrease for 34 RCNY § 2-11(f)(2)(ii).  Failure to obtain a confirmation number for a street opening permit on a protected street.

 

In June 2013, 34 RCNY § 2-11(f)(2) of the Highway Rules was amended to require all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number.  The purpose of this amendment was to clarify that a confirmation number is required for all such permits on protected streets regardless of whether a permittee engages in a backfill.  As an unintended consequence of the rule change, permittees who fail to obtain a confirmation number but whose work does not involve a backfill or impact the roadway currently receive the same penalty as permittees who fail to obtain a confirmation number before performing a backfill in the roadway.  Therefore, ECB proposes that the penalty for failing to obtain a confirmation number for a street opening permit on a protected street, where the permittee is not engaging in backfill, be reduced from $750 to $250 with a default penalty of $750.

 

New Code Request for 34 RCNY § 2-11(f)(4)(i).  Failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

When a permittee conducts a backfill without a confirmation number, it impacts DOT’s ability to conduct appropriate oversight of the construction activity taking place. Therefore, this charge imposes a penalty if a permittee fails to obtain such confirmation number at least two hours prior to the scheduled start time for the backfill, except as otherwise authorized by the Commissioner.  The new charge, “Failing to obtain a confirmation number on a protected street two hours prior to the commencement of a backfill,” carries a penalty of $750 with a default penalty of $2,250.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule.

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

Elizabeth Nolan-Marino at (212) 436-0708 and Jim Macron at (212) 436-0302

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

 

 

The Department of Environmental Protection (DEP) has requested that the Environmental Control Board (ECB) amend the Air Asbestos and Air Code Penalty Schedules. Some of the changes were requested to address evolving industry practices that raise safety concerns, while other changes were introduced in response to revisions of the Rules of City of New York (RCNY).  Cure periods are not included in the provisions, because the governing statutes mandate the imposition of minimum penalties.

 

 

 

The ECB held a public hearing on September 12, 2014 regarding amendments to its Air Asbestos and Air Code Penalty Schedules. The Air Asbestos Penalty Schedule is found in Section 3-101 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. A representative from the NYC Department of Environmental Protection (“DEP”) and one member from the public attended the September 12, 2014 public hearing. The member from the public did not wish to testify. Three (3) written comments were received. The Board has considered the 3 written comments.

 

 

 

Changes to the Air Asbestos Penalty Schedule

 

 

 

Ad. Code § 24-1002(c)

 

On February 4, 2014, Mayor de Blasio signed Local Law 3 of 2014, which amended Title 24 of the Administrative Code by adding a new Chapter 10. The amendment requires the DEP to establish a program to provide for the registration of practicing Master Environmental Hazard Remediation Technicians. Since the registration program will be administered by the Asbestos Control Program, ECB has added the following penalty for this provision to the Air Asbestos Penalty Schedule.

 

 

 

Section 24-1003 specifies a minimum penalty of $1000 for any violation of Chapter 10. No maximum penalty is set forth. A review of section 24-1002(c) makes it unlawful to identify oneself as a Master Hazard Remediation Technician without being registered by the DEP.

 

 

 

15 RCNY 1-91(n)

 

ECB has also added a penalty to the Air Asbestos Penalty Schedule for section 15 RCNY 1-91(n), a provision of the subchapter on engineering controls. This section requires contractors to carefully install ducting for negative pressure units because improper installation threatens the release of asbestos fibers into uncontaminated building areas.

 

 

 

 

 

Changes to the Air Code Penalty Schedule

 

15 RCNY 12-18(a), 12-18(b), 12-18(c), and 12-18(d)

 

15 RCNY 12-18 provides for the posting of notices by dry cleaning facilities. The notices address the use of chemicals in the dry cleaning process. 

 

 

 

Penalties for the section are governed by the Air Code Table of Civil Penalties. This table is found at 24-178(b)(5).The Air Code Penalty Schedule currently provides a penalty for failure to post a required notice in an easily visible location in dry cleaning facilities. This notice is required by New York State. ECB is retaining the existing penalty for 12-18(a) with an amended description.

 

 

 

Additionally, ECB has added penalties for subdivisions (b), (c) and (d). Section 12-18(b) requires dry cleaners using perc (also known as PCE and perchloroethylene) to post a notice informing customers that the chemical is used in its dry cleaning process. The notice must include a web address where the Material Safety Data Sheet can be viewed. The sign required by 12-18(b) differs from the sign required by 12-18(a); 12-18(a) complies with New York State law and thus its penalty is higher than the penalties for 12-18(b), (c) and (d). Section 12-18(c) requires dry cleaners using alternatives to perc, known as non-perchloroethlene (non-perc) to post a sign identifying the chemical being used along with a web address where the Material Safety Data Sheet for the chemical can be viewed.  Section 12-18(d) requires dry cleaners using perc and non-perc to post notices as required by subdivisions (a), (b), and (c).

 

 

 

15 RCNY 2-09 and 15 RCNY 40-02(b)

 

15 RCNY Chapter 2 sets forth performance standards and engineering criteria for boilers and water heaters. Specifically, Section 2-09 states that boilers requiring a certificate of operation undergo an annual tune-up and combustion efficiency test. These results must be kept and submitted to DEP upon request.

 

 

 

15 RCNY Chapter 40 states that emergency generators (defined in 15 RCNY 40-01) must be registered and pass a smoke test. Specifically, section 40-02(b) requires the owner or operator of an emergency generator to maintain records documenting the generator’s hours of operation and provide these records to the DEP upon request.

 

 

 

There are no existing penalties for 15 RCNY 2-09 and 15 RCNY 40-02(b). Since these sections are most similar to the recordkeeping provisions of 24-177(b) and (c), ECB has added that the penalties for 24-177 are adopted for these two charges.

 

 

 

 

 

 

 

Ad. Code § 24-168.1

 

Paragraph (1) of subdivision (b) of section 24-168.1 of the Air Pollution Control Code prohibits the use or delivery of heating oil that contains less than two per cent biodiesel by volume. Local Law 43 of 2010 added two penalties related to these provisions to the Air Code Table of Civil Penalties found in Administrative Code section 24-178(b)(5). The first provision states that the minimum and maximum penalties for a violation of 24-168.1 of using noncompliant heating oil are “as per schedule E.” The second provision sets a minimum penalty of $1000 and a maximum of $10,000 for the delivery of noncompliant heating oil, in addition to “twice the amount of money saved for failure to comply.”

 

 

 

 

 

Effective Date: 
Thu, 12/25/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 15, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings (“OATH”) is modifying the provisions in Chapter 6 in Title 48 of the Rules of the City of New York related to the Health Tribunal at OATH.  The changes modify various procedures relating to pre-hearing rescheduling, adjournments, notifications, defaults, appeals, conduct of participants, and other matters in order to simplify, clarify and expedite the adjudications process.  Where appropriate, the changes make the procedural rules at the Health Tribunal at OATH consistent with those of other tribunals at OATH.

 

Specific Amendments to be Enacted

 

In Section 6-01“Definitions Specific to this Chapter,” the term “Hearing Examiner” is changed to “Hearing Officer”. 

 

Section 6-02 “Jurisdiction, Powers and Duties of the Health Tribunal at OATH” is changed to permit the Tribunal to adjudicate Notices of Violation issued by any agency consistent with applicable law.  It also reflects that settlement conferences are not being held at the Tribunal. 

 

Section 6-03 “Proceedings before the Health Tribunal at OATH” simplifies the requirements of service by no longer requiring certified or registered mailing.  

 

Section 6-04 “Appearances” is reordered, with some changes.  An appearance must be at the time, as well as on the date, of the scheduled hearing.  This section sets forth what happens when either the petitioner or the respondent fails to appear at the scheduled time.  In addition:

  • The provisions in subdivision (b) detailing requirements for appearances by mail are moved to Section 6-05 “Adjudications by Mail and Online.”   
  • The provisions in subdivision (c) for pre-hearing adjournments are moved to Section 6-06 “Pre-Hearing Requests to Reschedule.” 
  • The provisions in subdivision (d) for requests for adjournments made at the hearing are moved to Section 6-07 “Requests for Adjournments.”
  • The provisions in subdivision (e) detailing the procedures for defaults upon a failure to appear by respondent are moved to Section 6-08 “Default” and Section 6-09 “Request for a New Hearing after a Failure to Appear.” 
  • New subdivision (c) and (d) detail procedures for appearances by the petitioner and what happens when a petitioner fails to appear at the scheduled time.

Section 6-05 “Adjudications by Mail and Online” is renamed from the previous title “Hearings and adjudications in person, by mail, or by telephone.”  References in subdivisions (a), (b), (c), (d), (e), (g), (h), (i) and (j) of this section to hearings in person or by telephone are moved to new Section 6-10 “Hearing Procedures.”  Subdivision (f) of this section, about the appearance of inspectors is moved to section 6-11 “Appearance of Inspectors”.

 

Section 6-06 “Subpoenas” is deleted in its entirety.  The Hearing Officer’s ability to issue subpoenas remains in Section 6-02(c) (3). 

 

New Section 6-06 is titled “Pre-Hearing Requests to Reschedule”.

  • It sets forth the procedures by which respondents may make a request for a hearing to be rescheduled and reduces the number of requests to one per party for each violation. 
  • It extends the time, up until the time of the scheduled hearing, in which a respondent may request to reschedule a hearing. 
  • It requires that the petitioner notify the respondent three days before the hearing if the petitioner requests to reschedule the hearing.

Section 6-07 “Requests for Adjournments” contains provisions regarding requests for adjournments made at a hearing, previously contained in Section 6-04(d).  It lists factors that will be considered in deciding whether there is good cause.

 

Section 6-08 “Defaults” contains provisions previously contained in Section 6-04(e) regarding the consequences of a failure to appear at a hearing.  Default decisions no longer need to be rendered by a hearing officer.

 

Section 6-09 “Request for a New Hearing after a Failure to Appear (Motion to Vacate a Default)” contains provisions previously contained in Section 6-04(e) regarding procedures for motions to vacate a default. 

  • Subdivision (c) lists circumstances to be considered in determining “reasonable excuse” for a respondent’s failure to appear at the hearing.
  • Subdivision (e) provides that if a motion to vacate a default has been previously granted and a new default decision has been issued for the same Notice of Violation, the second default decision will not be opened except in exceptional circumstances and in order to avoid injustice.
  • Subdivision (f) provides that a motion to open a default received more than one year after the default decision will not be granted except in exceptional circumstances and in order to avoid injustice.

Section 6-10 “Hearing Procedures” is a new section that incorporates with some modifications, provisions contained in subdivisions (a), (b), (c), (d), (e), (g), (h), (i) and (j) of former Section 6-05 “Hearings and adjudications in person, by mail, or by telephone.”

  • The provision in subdivision (b), “The hearings shall be open to the public,” is removed to accommodate the conduct of hearings by mail, telephone and online.
  • Subdivision (d) requires that counsel or authorized representatives who appear on behalf of respondents have sufficient staffing to complete their scheduled hearings.  It also gives the Tribunal discretion to determine the order in which the Notices of Violations are heard. 

Section 6-11 “Appearance of Inspectors” is a new section that incorporates with some modifications, the provisions that were previously contained in Section 6-05(f).

  • Subdivision (a)(1) permits a respondent to make a pre-hearing request for the inspector up to three, rather than seven, business days prior to the hearing.  Such request is considered as a request to reschedule the hearing and follows the rules outlined in Section 6-06.
  • Subdivision (b) permits a hearing to be adjourned no more than two, rather than three, times for the presence of the officer. 

Section 6-12 “Payment of Penalties” is a new section that incorporates with some modifications  the provisions formerly found in Section 6-05(i) regarding the imposition of late payment penalties if the fine is not paid on time.

 

Section 6-13 “Disqualification of Hearing Officers” contains provisions formerly found in Section 6-07.  There are no major substantive rule changes in the section.

 

Section 6-14 “Appeals” incorporates with some modifications the provisions formerly found in Section 6-08. 

  • Subdivision (c) describes the record to be considered on appeal and limits the evidence to that which was presented at the hearing.

Section 6-15 “Registered Representatives” incorporates with some modifications the provisions formerly found in Section 6-09 “Registration and disqualification of certain authorized representatives”.  Family members of respondents are exempt from the registration requirement.  The Tribunal will not charge a fee to register representatives or issue a registration card and identification number.  The new rule is consistent with procedures currently in place at the Environmental Control Board.

 

Section 6-16 “Misconduct” is a new section that enumerates prohibited conduct by a party, witness, representative or attorney, including prohibited communications.  It also provides penalties for misconduct and procedures for imposing discipline on attorneys or representatives.

 

Section 6-17 “Computation of time” continues, with one minor modification, former Section 6-10 “Computation of time”.  Subdivision (b) of this section is modified to provide that if a Tribunal decision is mailed to a party, five, rather than seven, days will be added to the period of time within which the party has the right or requirement to act.

 

The Health Tribunal at OATH’s authority for these rules is also found in section 1049 of the New York City Charter.


Subject: 

The Health Tribunal at OATH proposes to modify the provisions in Chapter 6 in Title 48 of the Rules of the City of New York. The changes modify various procedures relating to pre-hearing rescheduling, adjournments, notifications, defaults, appeals, conduct of participants, and other matters related to the Health Tribunal at OATH.

 

Location: 
NYC Office of Administrative Trials and Hearings
100 Church Street 12th Fl, Court Room G
New York, NY 10007
Contact: 

Stacey Turner
(212) 933-3007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Friday, September 12, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Environmental Protection (DEP) has requested that the Environmental Control Board (ECB) amend the Air Asbestos and Air Code Penalty Schedules. Some of these proposed changes have been requested to address evolving industry practices that raise safety concerns, while other changes are being introduced in response to revisions of the Rules of City of New York (RCNY).  Cure periods are not included in the proposed provisions, because the governing statutes mandate the imposition of minimum penalties.

 

Requested Changes to the Air Asbestos Penalty Schedule

 

Ad. Code § 24-1002(c)

On February 4, 2014, Mayor de Blasio signed Local Law 3 of 2014, which amends Title 24 of the Administrative Code by adding a new Chapter 10. The amendment requires the DEP to establish a program to provide for the registration of practicing Master Environmental Hazard Remediation Technicians. Since the registration program will be administered by the Asbestos Control Program, ECB proposes to add the following penalty for this provision to the Air Asbestos Penalty Schedule.

 

Section 24-1003 specifies a minimum penalty of $1000 for any violation of Chapter 10. No maximum penalty is set forth. A review of section 24-1002(c) makes it unlawful to identify oneself as a Master Hazard Remediation Technician without being registered by the DEP.

 

15 RCNY 1-91(n)

ECB is also adding a penalty to the Air Asbestos Penalty Schedule for section 15 RCNY 1-91(n), a provision of the subchapter on engineering controls. This section requires contractors to carefully install ducting for negative pressure units because improper installation threatens the release of asbestos fibers into uncontaminated building areas.

 

 

Requested Changes to the Air Code Penalty Schedule

15 RCNY 12-18(a), 12-18(b), 12-18(c), and 12-18(d)

15 RCNY 12-18 provides for the posting of notices by dry cleaning facilities. The notices address the use of chemicals in the dry cleaning process. 

 

Penalties for the section are governed by the Air Code Table of Civil Penalties. This table is found at 24-178(b)(5). The Air Code Penalty Schedule currently provides a penalty for failure to post a required notice in an easily visible location in dry cleaning facilities. This notice is required by New York State. ECB proposes to retain the existing penalty for 12-18(a) with an amended description.

 

Additionally, ECB proposes to add penalties for subdivisions (b), (c) and (d). Section 12-18(b) requires dry cleaners using perc (also known as PCE and perchloroethylene) to post a notice informing customers that the chemical is used in its dry cleaning process. The notice must include a web address where the Material Safety Data Sheet can be viewed. The sign required by 12-18(b) differs from the sign required by 12-18(a); 12-18(a) complies with New York State law and thus its penalty is higher than the penalties for 12-18(b), (c) and (d). Section 12-18(c) requires dry cleaners using alternatives to perc, known as non-perchloroethlene (non-perc) to post a sign identifying the chemical being used along with a web address where the Material Safety Data Sheet for the chemical can be viewed.  Section 12-18(d) requires dry cleaners using perc and non-perc to post notices as required by subdivisions (a), (b), and (c).

 

15 RCNY 2-09 and 15 RCNY 40-02(b)

15 RCNY Chapter 2 sets forth performance standards and engineering criteria for boilers and water heaters. Specifically, Section 2-09 states that boilers requiring a certificate of operation undergo an annual tune-up and combustion efficiency test. These results must be kept and submitted to DEP upon request.

 

15 RCNY Chapter 40 states that emergency generators (defined in 15 RCNY 40-01) must be registered and pass a smoke test. Specifically, section 40-02(b) requires the owner or operator of an emergency generator to maintain records documenting the generator’s hours of operation and provide these records to the DEP upon request.

 

Currently, there are no existing penalties for 15 RCNY 2-09 and 15 RCNY 40-02(b). Since these sections are most similar to the recordkeeping provisions of 24-177(b) and (c), it is proposed that the penalties for 24-177 are adopted for these two new charges.

 

Ad. Code § 24-168.1

Paragraph (1) of subdivision (b) of section 24-168.1 of the Air Pollution Control Code prohibits the use or delivery of heating oil that contains less than two per cent biodiesel by volume. Local Law 43 of 2010 added two penalties related to these provisions to the Air Code Table of Civil Penalties found in Administrative Code section 24-178(b)(5). The first provision states that the minimum and maximum penalties for a violation of 24-168.1 of using noncompliant heating oil are “as per schedule E.” The second provision sets a minimum penalty of $1000 and a maximum of $10,000 for the delivery of noncompliant heating oil, in addition to “twice the amount of money saved for failure to comply.”

 

 

Subject: 

ECB Propoed Rule concerning amendments to its Asbestos and Air Code Penalty Schedules.

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

Elizabeth Nolan-Marino at (212) 436-0708 and Jim Macron at (212) 436-0602.

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

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