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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, September 24, 2014
Proposed Rules Content: 

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.

Subject: 

.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

On December 20, 2013, Mayor Bloomberg signed Intro. 1213-A of 2013, which became Local Law 153 of 2013 (LL 153/13). This law amended the Administrative Code (Ad. Code) to give respondents receiving a first violation for certain provisions the opportunity to avoid paying a civil penalty if they cure the violations within a specific time period. The proposed rule has added a $0 mitigated penalty to three ECB penalty schedules upon a showing that the underlying violations have been cured.

 

The ECB held a public hearing on May 5, 2014 regarding amendments to its Sanitation, Air, and Noise Codes Penalty Schedules.  The Sanitation Penalty Schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York; the Air Code Penalty Schedule is found in Section 3-102 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York; and the Noise Code Penalty Schedule is found in Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. Neither written comments nor oral testimony were presented at the May 5, 2014 public hearing concerning the Proposed Rule regarding amendments to ECB’s Sanitation, Air, and Noise Codes Penalty Schedules.

 

Ad. Code § 16-116(d)(i)

Paragraph (i) of subdivision d of section 16-116 of the Administrative Code provides the penalty for violations of subdivisions a and b of this section. LL 153/13 amended paragraph (i) of subdivision d of section 16-116 to provide for a cure period for a respondent who received a notice of violation (“NOV”) of subdivision b of section 16-116 for the first time. A respondent may receive a mitigated penalty of $0 if he or she provides proof to ECB that the violation was corrected before the date of the initial hearing. Such proof may include a copy of the actual decal, written receipts or an agreement from the private carter. 

 

Ad. Code §§ 24-165 and 24-166 (Air Code)

Section 24-165 sets forth requirements for air contaminant detectors. Section 24-166 sets forth requirements for combustion shutoffs, which are installed to automatically shut down oil-burning equipment when an emission which exceeds the prescribed opacity or density is detected. LL 153/13 added a new subdivision (g) to section 24-165 and a new subdivision (c) to section 24-166. The new subdivisions are identical and provide that the DEP Commissioner can recommend the imposition of a zero penalty to the Board for a first offense of section 24-165 or 24-166 if, within 45 days of the return date indicated on the notice of violation (NOV), respondent admits the violation and submits evidence satisfactory to DEP that work has been performed to permanently correct the violation.

 

 

Ad. Code § 24-227 (Noise Code)

This section prohibits excessive noise from circulation devices. LL 153/13 added a new subdivision (d) to section 24-227. It provides that the DEP Commissioner can recommend to ECB that no civil penalty be imposed for a first violation of this section if, within 45 days of the return date on the NOV, the respondent admits liability for the violation and files a certification with DEP that improvements have been made to the establishment and that measurements substantiate that the establishment is in full compliance with the sound levels described in section 24-227. The violation may nevertheless serve as a basis for imposing penalties for subsequent violations of section 24-227.

 

ECB has included these changes and accompanying head notes in its penalty schedule to comply with the requirements of the new law.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

Effective Date: 
Wed, 07/02/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 5, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

On December 20, 2013, Mayor Bloomberg signed Intro. 1213-A of 2013,which became Local Law 153 of 2013 (LL 153/13). This law amends the Administrative Code (Ad. Code) to give respondents receiving a first violation for certain provisions the opportunity to avoid paying a civil penalty if they cure the violations within a specific time period. This proposed rule adds a $0 mitigated penalty to three ECB penalty schedules upon a showing that the underlying violations have been cured.

 

Ad. Code § 16-116(d)(i)

Paragraph (i) of subdivision d of section 16-116 of the Administrative Code provides the penalty for violations of subdivisions a and b of this section. LL 153/13 amends paragraph (i) of subdivision d of section 16-116 to provide for a cure period for a respondent who received a notice of violation (“NOV”) of subdivision b of section 16-116 for the first time. A respondent may receive a mitigated penalty of $0 if he or she provides proof to ECB that the violation was corrected before the date of the initial hearing. Such proof may include a copy of the actual decal, written receipts or an agreement from the private carter. 

 

Ad. Code §§ 24-165 and 24-166 (Air Code)

Section 24-165 sets forth requirements for air contaminant detectors. Section 24-166 sets forth requirements for combustion shutoffs, which are installed to automatically shut down oil-burning equipment when an emission which exceeds the prescribed opacity or density is detected. LL 153/13 adds a new subdivision (g) to section 24-165 and a new subdivision (c) to section 24-166. The new subdivisions are identical and provide that the DEP Commissioner can recommend the imposition of a zero penalty to the Board for a first offense of section 24-165 or 24-166 if, within 45 days of the return date indicated on the notice of violation (NOV), respondent admits the violation and submits evidence satisfactory to DEP that work has been performed to permanently correct the violation.

 

 

Ad. Code § 24-227 (Noise Code)

This section prohibits excessive noise from circulation devices. LL 153/13 adds a new subdivision (d) to section 24-227. It provides that the DEP Commissioner can recommend to ECB that no civil penalty be imposed for a first violation of this section if, within 45 days of the return date on the NOV, the respondent admits liability for the violation and files a certification with DEP that improvements have been made to the establishment and that measurements substantiate that the establishment is in full compliance with the sound levels described in section 24-227. The violation may nevertheless serve as a basis for imposing penalties for subsequent violations of section 24-227.

 

ECB is including these changes and accompanying head notes in its penalty schedule to comply with the requirements of the new law.

 

ECB’s authority for these rules is also found in section 1049-a of the New York City Charter.

 

 

 

Subject: 

Proposed Rule regarding Cure Period for Certain Violations concerning ECB's Sanitation, Air Code and Noise Code Penalty Schedules.

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

Elizabeth Nolan at (212) 436-0592 and Jim Macron at (212) 436-0594