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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (“ECB”) has amended its Department of Transportation (DOT) Penalty Schedule, codified in Section 3-124 of Title 48 of the Rules of the City of New York.  In an effort to support Mayor de Blasio’s Small Business First initiative and set penalties that are reasonable in relation to the violations cited, at DOT’s request ECB has:

·       lowered the penalty for failure to obtain a confirmation number for a street opening permit on a protected street, and

·       added a separate penalty for failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

This amendment and the additional charge will clarify the difference between a respondent’s failure to notify the department prior to commencing a backfill on a protected street versus a respondent’s failure to obtain a confirmation number for any street opening permit on a protected street. They will also ensure that the penalty is proportionate to the violating condition cited, and will promote consistency within DOT’s fine structure by setting similar penalties for similar offenses.

 

The ECB held a public hearing on December 29, 2014 regarding amendments to its Department of Transportation (DOT) Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. Two representatives of DOT attended the public hearing. No members of the public attended the public hearing. ECB received one written comment on the proposed rule regarding amendments to its DOT Penalty Schedule.

 

 

Fine Decrease for 34 RCNY § 2-11(f)(2)(ii).  Failure to obtain a confirmation number for a street opening permit on a protected street.

 

In June 2013, 34 RCNY § 2-11(f)(2) of the Highway Rules was amended to require all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number.  The purpose of this amendment was to clarify that a confirmation number is required for all such permits on protected streets regardless of whether a permittee engages in a backfill.  As an unintended consequence of the rule change, permittees who fail to obtain a confirmation number but whose work does not involve a backfill or impact the roadway currently receive the same penalty as permittees who fail to obtain a confirmation number before performing a backfill in the roadway.  Therefore, ECB has reduced the penalty for failing to obtain a confirmation number for a street opening permit on a protected street, where the permittee is not engaging in backfill, from $750 to $250 with a default penalty of $750.

 

New Code Request for 34 RCNY § 2-11(f)(4)(i).  Failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

When a permittee conducts a backfill without a confirmation number, it impacts DOT’s ability to conduct appropriate oversight of the construction activity taking place. Therefore, this charge imposes a penalty if a permittee fails to obtain such confirmation number at least two hours prior to the scheduled start time for the backfill, except as otherwise authorized by the Commissioner.  The new charge, “Failing to obtain a confirmation number on a protected street two hours prior to the commencement of a backfill,” carries a penalty of $750 with a default penalty of $2,250.

 

Effective Date: 
Sun, 03/08/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 29, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Environmental Control Board (“ECB”) proposes amendments to the Department of Transportation (DOT) penalty schedule, codified in Section 3-124 of Title 48 of the Rules of the City of New York.  In an effort to support Mayor de Blasio’s Small Business First initiative and set penalties that are reasonable in relation to the violations cited, DOT has requested that ECB:

·       lower the penalty for failure to obtain a confirmation number for a street opening permit on a protected street, and

·       add a separate penalty for failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

This amendment and the additional charge will clarify the difference between a respondent’s failure to notify the department prior to commencing a backfill on a protected street versus a respondent’s failure to obtain a confirmation number for any street opening permit on a protected street. They will also ensure that the penalty is proportionate to the violating condition cited, and will promote consistency within DOT’s fine structure by setting similar penalties for similar offenses.

 

Fine Decrease for 34 RCNY § 2-11(f)(2)(ii).  Failure to obtain a confirmation number for a street opening permit on a protected street.

 

In June 2013, 34 RCNY § 2-11(f)(2) of the Highway Rules was amended to require all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number.  The purpose of this amendment was to clarify that a confirmation number is required for all such permits on protected streets regardless of whether a permittee engages in a backfill.  As an unintended consequence of the rule change, permittees who fail to obtain a confirmation number but whose work does not involve a backfill or impact the roadway currently receive the same penalty as permittees who fail to obtain a confirmation number before performing a backfill in the roadway.  Therefore, ECB proposes that the penalty for failing to obtain a confirmation number for a street opening permit on a protected street, where the permittee is not engaging in backfill, be reduced from $750 to $250 with a default penalty of $750.

 

New Code Request for 34 RCNY § 2-11(f)(4)(i).  Failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

When a permittee conducts a backfill without a confirmation number, it impacts DOT’s ability to conduct appropriate oversight of the construction activity taking place. Therefore, this charge imposes a penalty if a permittee fails to obtain such confirmation number at least two hours prior to the scheduled start time for the backfill, except as otherwise authorized by the Commissioner.  The new charge, “Failing to obtain a confirmation number on a protected street two hours prior to the commencement of a backfill,” carries a penalty of $750 with a default penalty of $2,250.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
Brooklyn, NY 10038
Contact: 

Elizabeth Nolan-Marino at (212) 436-0708 and Jim Macron at (212) 436-0302

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 Click here (.pdf) for the complete text of the adopted rule.

Effective Date: 
Tue, 11/15/2011