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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, April 14, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

ECB is proposing to amend its Sanitation Penalty Schedule to create penalties for violations of Local Law 67 of 2014 (“Local Law 67”), which relates to publicly accessible collection bins (typically used for clothing donations). ECB is also proposing to create a penalty for violations of 16 RCNY 1-04.2 which prohibits the placement of electronic waste out for solid waste or recycling collection.

 

Publicly Accessible Collection Bins

On December 14, 2014, Intro. Number 409-A of 2014 became a law, designated as Local Law 67, which will become effective on March 14, 2015.  Local Law 67 relates to the regulation of publicly accessible collection bins, which are prohibited from being placed on City property, property maintained by the City, or any public sidewalk or roadway. Bins may be placed on private property if the property owner or the property owner’s designated agent provides written permission to the bin owner. Owners of publicly accessible collection bins that operate lawfully on private property are required to place their names, addresses, and telephone numbers on their bins.

 

When Local Law 67 takes effect on March 14, 2015, DSNY will be authorized to immediately remove any publicly accessible collection bin placed on public property and to issue violations against owners of illegally placed collection bins.  Further, owners of bins that are lawfully placed on private property will be required to register and file an annual report with DSNY. Additionally, the bin owner and the private property owner will each be responsible for maintaining the bin in a clean and neat condition. Bin owners who fail to comply with these requirements will be liable for civil penalties.

 

The new law defines a subsequent offense as a violation issued to the same respondent within any eighteen-month period.  The proposed rule reflects this definition.

 

Electronic Waste

As of January 1, 2015, the New York State Electronic Equipment Recycling and Reuse Act (Chapter 99 of the laws of 2010, codified as Title 26 of Article 27 of the Environmental Conservation Law) prohibits disposal of electronic waste as solid waste in the State of New York.  This act prohibits electronic waste from being placed or disposed of in any solid waste management facility, or being placed out for collection for disposal at a solid waste management facility or hazardous waste management facility in the State of New York.  Specifically, the law means that residents and businesses may no longer place electronic waste, such as computers and cell phones, for example, out for collection with either regular waste or with recyclables.

 

Pursuant to section753oftheNewYorkCityCharter, DSNY is responsibleforthefunctionsand operations of wastedisposal within theCity, andhasauthorityundersections16-118and16-120oftheNewYorkCity AdministrativeCodetoissueviolationstopersonswhoimproperlydisposeofsolidwaste.  In response to the new law, DSNY promulgated a new rule, 16 RCNY 1-04.2, to prohibit electronic waste from being set out for solid waste or recycling collection in New York City.

 

ECB’s authority for these rules is found in Sections 1043(a) and 1049-a of the New York City Charter and Sections 10-169, 16-118, and 16-120 of the New York City Administrative Code.

 

Subject: 

ECB Proposed Rule concerning the amendment of its Sanitation Penalty Schedule regarding electronic waste and collection bins on public property.

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

Elizabeth Nolan 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: 
Tuesday, April 14, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

ECB is proposing a rule to modify the Buildings Penalty Schedule, in order to adequately enforce existing laws and rules and reflect changes brought about by Local Law 141 (LL 141), which went into effect on December 31, 2014.  LL 141 amended the Administrative Code of the City of New York (“Administrative Code”), 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.  LL 141 amended existing requirements, added new requirements, and renumbered existing sections of the affected codes.  In addition, unrelated to LL 141, ECB proposes to modify the Buildings Penalty Schedule to reflect efforts by the Department of Buildings (DOB) to update existing violations in DOB rules by amending their sections of law and violation descriptions.

 

The proposed rule includes twelve changes or additions to the Buildings Penalty Schedule, related to:

  • obtaining the relevant service equipment Certificate of Compliance prior to operation;
  • operating, maintaining, testing, and inspecting elevators and conveying systems (e.g., escalators, moving walkways, chair lifts and amusement devices);
  • providing notice when an elevator will be out of service due to repair work;
  • tampering, removing, or defacing a Stop Work Order or Vacate Order prior to its rescission by the Commissioner of Buildings;
  • failing to obey a Vacate Order;
  • failing to conduct or file a final inspection of permitted work with the DOB; and
  • damaging or removing trees in a Special Natural Area District without certification, authorization or special permit from the Department of City Planning.

 

The penalties for these violations fall within the guidelines for their respective classes of violations, as set forth in Section 28-202.1 of the Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violations) - $500,

Class 2 (major violations) - $10,000, and

Class 1 (immediately hazardous violations) - $25,000.

 

Subject to these statutory maximums, the penalties in the Buildings Penalty Schedule are calculated as follows:

  • Where there is no default by a respondent, an Aggravated I Penalty is 2 ½ times the Standard Penalty and an Aggravated II Penalty is five times the Standard Penalty. 
  • In the case of a default by a respondent, an Aggravated I Default Penalty is ten times the Standard Penalty and an Aggravated II Default Penalty is set at the statutory maximum prescribed under law. 
  • The Default Penalty is five times the Standard Penalty.

           

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

 

 

Subject: 

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

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

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, March 13, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

On August 12, 2013, Mayor Bloomberg signed into law Intro. No. 893-A, which was designated as Local Law No. 57 of 2013 (LL 57). This law created a new chapter in Title 16 of the Administrative Code of the City of New York, Chapter 4-D, which established several new violations related to the bulk collection of recyclable containers using motor vehicles.  ECB then conducted its rulemaking process, and amended its Sanitation Penalty Schedule to reflect this new law.

The manner in which the rules were promulgated during the last rulemaking process unintentionally did not make clear whether certain violations applied to vehicle owners.  The proposed technical change in the rule will restore the intended purpose of the law to apply to vehicle owners.

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: 

ECB proposed rule concerning the amendment of its Sanitation Penalty Schedule regarding the collection of recyclable materials.

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final 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 rule amends ECB’s DOT Penalty Schedule to implement these new laws.

 

The ECB held a public hearing on January 6, 2015 regarding amendments to its Department of Transportation Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. A representative from the NYC Police Department attended the January 6, 2015 public hearing. Neither written comments nor oral testimony were presented at the January 6, 2015 public hearing.

 

 

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. 

 

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 rule adds 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. 

 

 

 

Effective Date: 
Sun, 03/08/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (“ECB”) has amended its 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, at DOT’s request ECB has:

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

·       added 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.

 

The ECB held a public hearing on December 29, 2014 regarding amendments to its Department of Transportation (DOT) Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. Two representatives of DOT attended the public hearing. No members of the public attended the public hearing. ECB received one written comment on the proposed rule regarding amendments to its DOT Penalty Schedule.

 

 

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 has reduced 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, 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.

 

Effective Date: 
Sun, 03/08/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the  Environmental Control Board (ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter and Chapter 14 of Title 17 of the Administrative Code. The ECB has amended its Department of Buildings (DOB) Penalty Schedule. The DOB Penalty Schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. It contains penalties for notices of violation issued by the New York City DOB. The rule was published in The City Record on November 25, 2014 and a public hearing was held on December 29, 2014. This rule supersedes the final rule published on February 6, 2015.

Statement of Basis and Purpose of Final Rule

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

The ECB held a public hearing on December 29, 2014 regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. Two representatives from the NYC Department of Transportation (“DOT”) attended the December 29, 2014 Public Hearing that also addressed an ECB proposed rule concerning amendments to ECB’s DOT Penalty Schedule. Neither written comments nor oral testimony were presented at the December 29, 2014 public hearing concerning the Proposed Rule regarding amendments to ECB’s DOB Penalty Schedule.

LL 141, effective 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 is amended to reflect these changes.  The 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.

Effective Date: 
Sat, 04/04/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 11, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate, for example.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) is proposing a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB is also proposing that the default penalty for failure to provide adequate protection be raised from $1,200 to $3,600.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule regarding the failure to provide adequate protection at worksites.

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: Closed to Comments

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: Closed to Comments

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: Closed to 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

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