Establish Standards for the Curing of Violations of Sections 24-165, 24-166, and 24-227 of the Administrative Code

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Monday, November 17, 2014
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose

 

Local Law Number 153 (LL 153) for the year 2013 amended various sections of the Administrative Code of the City of New York, including two sections in the Air Pollution Control Code (24-165 and 24-166) and one section in the Noise Control Code (24-227). The amendments to Sections 24-165, 24-166 and 24-227 made by LL 153 give respondents an opportunity to avoid paying a civil penalty for a first violation of these sections if they admit liability and provide a certification that demonstrates that they have cured the violation within a forty-five day time period.

 

LL 153 requires the Commissioner of the DEP to promulgate rules that prescribe the information and documentation needed for a respondent to certify that he or she has permanently corrected a violation issued under Section 24-165, 24-166 or 24-227. A certification of compliance is necessary for the Commissioner to recommend that no monetary penalty be imposed for a first violation of these sections.

 

Consistent with the above, DEP promulgates the following new rule, to be found at 15 RCNY Chapter 36.

 

This rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-165(g), 24-166(c), and 24-227(d) of the Administrative Code.