Amendment of Air Code Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Monday, December 30, 2019
Agency:

Statement of Basis and Purpose of Rule

DEP has adopted 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 by establishing 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. For such violations, DEP has amended the Air Code Penalty Schedule by establishing 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 has amended 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 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. For such violations, DEP establishes 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 is authorized by section 1043 of the Charter of the City of New York and sections 24-105, 24-108, 24-154 and 24-178 of the Administrative Code.