AMENDMENT OF AIR CODE PENALTY SCHEDULE

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, November 6, 2019
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York and to establish in the Air Code Penalty Schedule new penalties for two separate violations of Chapter 1 of Title 24 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Administrative Code section 24-154 requires mold assessment licensees and mold remediation licensees to file notifications of mold remediation projects with an agency designated by the Mayor. Subdivision (d) of Section 24-154 authorizes that designated agency to establish penalties for failing to file such notifications. On March 25, 2019, the Office of the Mayor designated DEP as such agency.

DEP proposes to establish the following penalties: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, penalties of $2400.

DEP is also amending the Air Code Penalty Schedule to establish penalties for building owners or other responsible parties who fail to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant. Section 24-108 of the Administrative Code requires a building owner or responsible party to allow the DEP to take such samples. Section 24-178 of the Administrative Code allows DEP to impose penalties for failures to comply with section 24-108.

DEP proposes to establish the following penalties: for a first violation, a penalty of $200; for a second violation, a penalty of $400; and for a third violation and all subsequent violations, penalties of $600.

This rule amendment exclusively establishes the amount of fees for such violations. Consequently, pursuant to item (iii) of paragraph (4) of subdivision (d) of section 1043 of the New York City Charter, this rule amendment is exempt from the procedure set forth in subdivision (d) therein.

Public Hearing
Subject: 

Air Code Penalty amendments for failures to notify DEP of mold remediation projects and failures to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant.

Public Hearing Date: 
Wednesday, November 6, 2019 - 11:30am
Contact: 

No contact

Location: 
NYC Department of Environmental Protection
59-17 Junction Boulevard 19th Floor Fishbowl Conference Room
Flushing, NY 11373