CORRECTIONS TO THE ASBESTOS PENALTY SCHEDULE

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 5, 2019

Statement of Basis and Purpose of Proposed Rule

On January 6, 2019, DEP amended its asbestos rules, which are found at Title 15, Chapter 1 of the Rules of the City of New York (RCNY). After DEP promulgated these rules, companies engaged in asbestos abatement requested several minor clarifications. In response, DEP is proposing to revise the rules as follows:

• Clarify section 1-29 by specifying that only air monitoring technicians need to have their license at the work place, not all individuals;
• Clarify the requirements of section 1-36(b) as to how many air sampling technicians need to be present during sampling;
• Clarify that the requirements of section 1-42(a) regarding the placement of air samples apply to all asbestos projects, not only those that are conducted indoors;
• Change the requirements for lettering on notices to be posted under sections 1-81(a) and 1-125(a), as contractors advised that the required font sizes were impractical.

In addition, it was noted that the new Air Asbestos Penalty Schedule, found at Title 53 of Chapter 1 of the RCNY, which also became effective on January 6, 2019, had failed to carry over certain sections from the penalty schedule which had previously been located in the rules of the Office of Administrative Trials and Hearings. Accordingly, DEP proposes to amend the penalty schedule to correct those omissions.

Finally, the proposed rule divides the penalty schedule into three subdivisions (specifically, the RCNY, the New York State Industrial Code, and the New York City Administrative Code). No substantive change is intended with respect to the amendments made by sections six and nine of the propose other than the addition of a penalty for a violation of Administrative Code § 24-1002.

Consistent with the above, DEP proposes to promulgate the following amendments, to be found at 15 RCNY Chapter 1 and 53.

The rule is authorized by section 1043 of the Charter and sections 24-105 and 24-136 of the Administrative Code.

Public Hearing
Subject: 

DEP HEARING CONCERNING CORRECTIONS TO THE ASBESTOS PENALTY SCHEDULE

Public Hearing Date: 
Wednesday, June 5, 2019 - 11:00am
Contact: 

No contact

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373