Promulgation of Right to Know Penalty Schedule.

Adopted Rules: Closed to Comments

Effective Date: 
Friday, April 5, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

DEP has adopted a new rule, adding a new Chapter 54 of Title 15 of the (RCNY, to govern the siting and storage of hazardous substances stored in portable containers. The rule is authorized by section 1043 of the Charter of the City of New York and section 24-716(b) of the Ad Code.
The addition of this new rule requires a change to the existing Community Right-to-Know Penalty Schedule, in order to add penalties for 15 RCNY section 41-14 as specified in section 24-713(d) of the Ad Code.
The current Community Right-to-Know Law Penalty Schedule, which is located in OATH’s rules at 48 RCNY § 3-104, will be repealed by OATH on the same day that this rule takes effect.
Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents.
Moving the penalty schedule to DEP’s rules will also make it easier for the public to find the penalties.
Finally, the rule relocation will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules 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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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. The repeal of 48 RCNY §3-104 was identified as meeting the criteria for this initiative.

DEP received no comments regarding the rule.

DEP’s authority for this rule is found in New York City Charter section 1043 and Section 24-713 of the New York City Administrative Code.