Rule Amending the Penalty Schedule for Violations of the Air Code

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, June 8, 2017
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule

On May 11, 2016, Chapter 43 of Title 15 of the Rules of the City of New York, establishing a penalty schedule for violations of the Air Code, took effect. It has since been discovered that there is an error in the penalty schedule.

Administrative Code Section 24-169, which prohibits the use, purchase, sale, offer, storage or transport of fuel with excess sulfur content, is listed in the penalty schedule with the incorrect subdivision. The schedule should include § 24-169(a) and § 24-169(b) but not § 24-169(c), which is not a charging section. The amounts of the penalties are set forth correctly, and remain unchanged.

Consistent with the above, DEP promulgates the following amendment, to be found at 15 RCNY Chapter 43.