OATH ECB Proposed Repeal of Violations of NYC Administrative Code Section 16-118 from the Sanitation Penalty Schedule
Proposed Rules: Open to CommentsLog in or register to post comments
City of New York
Office of Administrative Trials and Hearings
Environmental Control Board
Notice of Public Hearing and Opportunity to Comment on Proposed Rule
What are we proposing? The NYC Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to amend its Sanitation Penalty Schedule, found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), by repealing penalty provisions relating to violations of NYC Administrative Code Section 16-118. This schedule contains penalties for summonses issued by the New York City Department of Sanitation (DSNY). Simultaneously, DSNY is proposing a companion rule that includes the penalty provisions for violations of Section 16-118.
When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 a.m. on April 10, 2017. The hearing will be in the OATH ECB Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.
This location has the following accessibility option(s) available: Wheelchair Accessible.
How do I comment on the proposed rules? Anyone can comment on the proposed rule by:
- Website. You can submit comments to OATH ECB through the NYC rules website at http://rules.cityofnewyork.us/.
- Email. You can email written comments to Rules_Oath@oath.nyc.gov.
- Mail. You can mail written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.
- Fax. You can fax written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, at 212-361-1900.
- Hearing. You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on April 10, 2017. You can speak for up to three (3) minutes.
Is there a deadline to submit written comments? You may submit written comments up to the close of business on April 10, 2017.
What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at 212-436-0708. You must tell us by April 3, 2017.
Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH ECB, 66 John Street, 10th Floor, New York, NY 10038.
What authorizes OATH ECB to make this rule? Sections 1049-a of the City Charter authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s regulatory agenda for this Fiscal Year.
Where can I find OATH ECB’s rules? OATH ECB’s rules are in Title 48 of the Rules of the City of New York.
What rules govern the rulemaking process? OATH ECB must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049-a of the City Charter.
Statement of Basis and Purpose of Proposed Rule
The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing the repeal of all violations of NYC Administrative Code Section 16-118 from the Sanitation Penalty Schedule found in Title 48 of the Rules of the City of New York Section 3-122. Local Law 75 of 2016, which took effect on August 12, 2016, amended the penalty amounts for violations of Administrative Code Section 16-118(1). As a result, OATH ECB repealed the penalty provisions for violations of Section 16-118(1) from its Sanitation Penalty Schedule, effective November 6, 2016. OATH ECB now proposes the repeal of the remaining violations of Section 16-118 from the Sanitation Penalty Schedule. At the same time, DSNY is also proposing to add a new Chapter 19 to Title 16 of the Rules of the City of New York that will contain the penalties for violations of Administrative Code Section 16-118.
OATH ECB is in the process of repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York so that they can be relocated to the rules of the agencies with rulemaking and policymaking jurisdiction over the laws underlying the violations. Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the regulatory and enforcement agencies have the regulatory authority and necessary expertise to determine appropriate penalties to address violation of the rules and of the laws within their jurisdiction. In addition, moving the penalty schedule will make it easier for the public to find the penalties, which will be located within the same chapter as the rules that contain the substantive violations alleged in the summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as meeting the criteria for this initiative.