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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

DEP has adopted a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York by establishing in the Air Code Penalty Schedule new penalties for two separate violations of Chapter 1 of Title 24 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Administrative Code section 24-154 requires mold assessment licensees and mold remediation licensees to file notifications of mold remediation projects with an agency designated by the Mayor. Subdivision (d) of Section 24-154 authorizes that designated agency to establish penalties for failing to file such notifications. On March 25, 2019, the Office of the Mayor designated DEP as such agency. For such violations, DEP has amended the Air Code Penalty Schedule by establishing the following penalties: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, penalties of $2400.

DEP has amended the Air Code Penalty Schedule to establish penalties for building owners or other responsible parties who fail to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant. Section 24-108 of the Administrative Code requires a building owner or responsible party to allow DEP to take such samples. Section 24-178 of the Administrative Code allows DEP to impose penalties for failures to comply with section 24-108. For such violations, DEP establishes the following penalties: for a first violation, a penalty of $200; for a second violation, a penalty of $400; and for a third violation and all subsequent violations, penalties of $600.

This rule is authorized by section 1043 of the Charter of the City of New York and sections 24-105, 24-108, 24-154 and 24-178 of the Administrative Code.

Effective Date: 
Mon, 12/30/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules
The purpose of the Watershed Regulations is to protect public health by preventing contamination to and degradation of the City’s surface water supply. The amendments incorporate changes in federal and state law and address issues that have arisen during administration and enforcement of the Watershed Regulations.
The amendments to the Watershed Regulations include revisions to replace the existing approach for evaluating alterations and modifications of subsurface sewage treatment systems (“SSTS”) – and for determining whether systems that have been discontinued for five years or more years can be brought back into service – with an approach that focuses primarily on how well the SSTS will serve the proposed use, consistent with public health and water quality concerns. These amendments also provide that where certain ancillary, non-residential use of a residence does not change the nature or rate of flow of sewage to its SSTS, the use is not subject to DEP’s review and approval, allowing for example, a home office use or certain transient guest overnight accommodations.
These amendments also include various revisions which relate to the incorporation of the NYSDEC 2015 State Pollutant Discharge Elimination System (“SPDES”) General Permit for Stormwater Discharges from Construction Activity. Additionally, the revisions establish a category of small, limited impact projects for which stormwater pollution prevention plans can be simpler, similar to the existing framework for individual residential stormwater permits. The amendments also eliminate the description of the phosphorus offset pilot program, which had a limited term and was completed.
These amendments revise the definition of “new” and “existing” regulated activities. As defined in prior versions of the Watershed Regulations, the term “new” applied to all regulated activities undertaken, constructed, installed, or implemented after May 1, 1997, and the term “existing” applied to those activities prior to May 1, 1997. The amended definition preserves the meaning of the terms “new” and “existing” as they are used in the current regulations with regard to certain non-complying regulated activities — i.e., storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities which, if discontinued for two or more years, must comply with the Watershed Regulations or permanently desist. For other regulated activities, the word “existing” is used in its more conventional sense to refer to activities that exist or are in operation at the time they are being considered under the amended regulations.
These revisions incorporate standards for holding tanks and portable toilets. DEP will not review and approve holding tanks or portable toilets; rather, these revisions establish standards consistent with applicable State guidance. The amendments remove the term “service connection” and clarify the definition of a “sewer connection” relieving past confusion in administering the existing regulations and expanding its definition to include the conveyance all sewage, industrial and other wastes and update the design standards used for sewer connections.
In addition, these amendments eliminate the “hardship” criterion necessary for obtaining a variance from the Watershed Regulations, which has not proven to further water quality goals. These amendments improve due process provisions for applicants when DEP seeks to modify, suspend or revoke an approval. This includes new procedures on how to seek a hearing, and how to appeal a DEP determination, before the City’s Office of Administrative Trials and Hearings (“OATH”).
These amendments include re-issued watershed maps included in Appendix 18-A, based upon updated information from DEP’s LiDAR survey of the watershed. In addition, Appendices 18-B and 18-C are combined and certain revisions are incorporated to clarify the standards used for analysis of water quality samples.
The amendments include technical corrections such as substituting more recent versions of publications cited in the Watershed Regulations, updating certain technical terminology, and modifying or changing the order of certain text to improve clarity and intelligibility. Some of the plain language and clarification revisions were identified as part of the retrospective rules review conducted by the Mayor’s Office of Operations.
In addition to these amendments, DEP intends to work closely with NYSDEC as it updates its SPDES General Permit for Stormwater Discharges from Construction Activity, the current version of which will expire in January 2020, and NYSDEC’s related Stormwater Management Design Manual. DEP intends to further amend these rules to incorporate NYSDEC’s 2020 Construction General Permit, and potentially to include other related changes at that time to ensure appropriate stormwater controls based on sound scientific information.

Effective Date: 
Fri, 11/29/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

DEP is adopting a new Chapter 59 to amend Title 15 of the Rules of the City of New York (RCNY) to establish a penalty schedule for violations of sections 24-601 et seq. of the Administrative Code. This final rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-610(c) and 24-611 of the Administrative Code.

The current Hazardous Substances Emergency Response Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-111, will be repealed by OATH on the same day that this final rule takes effect.

The penalty schedule is being moved from OATH Environmental Control Board (ECB) to DEP’s rules. 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 § 3-111 was identified as meeting the criteria for this initiative.

A public hearing regarding the final rule was held on September 11, 2019. No public comments were received regarding the rule.

The final rule is authorized by section 1043 of the Charter of the City of New York and sections 24-610(c) and 24-611 of the Administrative Code.

Effective Date: 
Fri, 11/29/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 6, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

The Stormwater Penalty Schedule (Title 15, Chapter 55 of the Rules of the City of New York) became effective on June 1, 2019. The Stormwater Penalty Schedule establishes penalties for violations of Title 15, Chapter 19.1 of the Rules of the City of New York (the “Stormwater Rules”, which also became effective on June 1, 2019).
Since the Stormwater Penalty Schedule went into effect, DEP has decided that the Schedule should be clarified to establish that violations of the Stormwater Rules may be settled by stipulation – meaning admission of the violation and agreement to pay a penalty. The proposed rule defines the term “stipulation” and establishes civil penalties to be imposed for stipulations.

Subject: 

Stormwater Penalty Schedule

Location: 
NYC Department of Environmental Protection
59-17 Junction Boulevard 19th Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 6, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York and to establish in the Air Code Penalty Schedule new penalties for two separate violations of Chapter 1 of Title 24 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Administrative Code section 24-154 requires mold assessment licensees and mold remediation licensees to file notifications of mold remediation projects with an agency designated by the Mayor. Subdivision (d) of Section 24-154 authorizes that designated agency to establish penalties for failing to file such notifications. On March 25, 2019, the Office of the Mayor designated DEP as such agency.

DEP proposes to establish the following penalties: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, penalties of $2400.

DEP is also amending the Air Code Penalty Schedule to establish penalties for building owners or other responsible parties who fail to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant. Section 24-108 of the Administrative Code requires a building owner or responsible party to allow the DEP to take such samples. Section 24-178 of the Administrative Code allows DEP to impose penalties for failures to comply with section 24-108.

DEP proposes to establish the following penalties: for a first violation, a penalty of $200; for a second violation, a penalty of $400; and for a third violation and all subsequent violations, penalties of $600.

This rule amendment exclusively establishes the amount of fees for such violations. Consequently, pursuant to item (iii) of paragraph (4) of subdivision (d) of section 1043 of the New York City Charter, this rule amendment is exempt from the procedure set forth in subdivision (d) therein.

Subject: 

Air Code Penalty amendments for failures to notify DEP of mold remediation projects and failures to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant.

Location: 
NYC Department of Environmental Protection
59-17 Junction Boulevard 19th Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 30, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
As part of New York City’s Green Infrastructure Program DEP provides incentives to private property owners for implementation of green stormwater management practices (also known as “green infrastructure”) on private property located within the five boroughs of the City. The Green Infrastructure Grant Program (“Program”) was created in 2010 to create a partnership with private property owners in the design and construction of green infrastructure practices. In preparation for the rollout of additional incentive programs, and to ensure that there is no overlap between programs, DEP is proposing to amend its Program rules to specifically incentivize green roof retrofits. Green roof retrofits are an especially important type of stormwater management practice in ultra-urban cities like New York City. The rule amendments would also provide for a more streamlined application submission and design review process for green roof retrofits.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Subject: 

DEP's Green Infrastructure Grant Program rules

Location: 
NYC DEP Fishbowl Conference Room
59-17 Junction Blvd. 19th 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 Rule

On January 6, 2019, DEP amended its asbestos rules, which are found at Title 15, Chapter 1 of the Rules of the City of New York (RCNY). After DEP promulgated these rules, companies engaged in asbestos abatement requested several minor clarifications as follows:

• Clarify section 1-29 by specifying that only air monitoring technicians need to have their license at the work place, not all individuals;
• Clarify the requirements of section 1-36(b) as to how many air sampling technicians need to be present during sampling;
• Clarify that the requirements of section 1-42(a) regarding the placement of air samples apply to all asbestos projects, not only those that are conducted indoors;
• Change the requirements for lettering on notices to be posted under sections 1-81(a) and 1-125(a), as contractors advised that the required font sizes were impractical.

In addition, it was noted that the new Air Asbestos Penalty Schedule, found at Title 53 of Chapter 1 of the RCNY, which also became effective on January 6, 2019, had failed to carry over certain sections from the penalty schedule which had previously been located in the rules of the Office of Administrative Trials and Hearings.

Finally, the rule divides the penalty schedule into three subdivisions (specifically, the RCNY, the New York State Industrial Code, and the New York City Administrative Code). No substantive change is intended with respect to the amendments made by sections six and nine of the rule other than the addition of a penalty for a violation of Administrative Code § 24-1002.

The only public comments received were from the Asbestos Workers Union (Local 78), which opposed the change concerning the number of air sampling technicians and the change in font size for required notices. After assessing the comments, DEP has decided that the changes are justified.

After the public hearing was held, it was noted that the Air Asbestos Penalty Schedule contains an outdated statutory reference regarding violations for resuming work in violation of stop-work orders. The outdated reference is corrected in the final rule.

The rule is authorized by section 1043 of the Charter of the City of New York and sections 24-105 and 24-136 of the Administrative Code.

Effective Date: 
Fri, 09/20/2019

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Wednesday, September 11, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Department of Environmental Protection (“DEP” or “Department”) proposes to amend its rules governing the use of the public sewers (Title 15, chapter 19 of the Rules of the City of New York (“RCNY”)) to clarify language, update references to national standards and local codes, and to reflect changes in technology and practice related to the use of the public sewers.

The proposed amendments would make Chapter 19 clearer and more detailed and comprehensive, in order to make it easier for the regulated community to determine what needs to be done to attain compliance. In addition, the proposed amendments would provide the City with adequate legal authority to prohibit illicit discharges as required by the City’s Municipal Separate Storm Sewer System (MS4) permit, which was issued by the New York State Department of Environmental Conservation (DEC) on August 1, 2015 pursuant to the federal Clean Water Act. The MS4 permit requires the City to develop and implement measures to reduce pollution in stormwater runoff, and significantly expands the City’s previous obligations to reduce pollutants discharging to the MS4 areas. Numerous City agencies have significant responsibilities under the MS4 permit. The Department is responsible for coordinating the interagency efforts to meet the City’s MS4 permit requirements.

The proposed amendments to §19-01 Definitions would:

- Add the New York City Plumbing Code (hereinafter the “Plumbing Code”) definitions for “automatic grease removal device” and “grease interceptor” because the Plumbing Code distinguishes between the two. Currently Chapter 19 only refers to the sizing requirements for “grease interceptors” without addressing “automatic grease removal devices,” which are becoming increasingly common.
- Make Chapter 19 more consistent with the Plumbing Code in definitions and terminology by amending or adding definitions for “building drain,” “building drainage system,” “building sewer,” “clear water waste,” “combined sewer,” “groundwater,” and “potable water.”
- Add a definition for “bypass” from 40 CFR 122.41(m)(1)(i) and from the Industrial Wastewater Discharge permits issued by DEP.
- Delete the definition of “direct discharge.”
- Clarify the definition of “discharge” by describing a discharge as not only the release or introduction of a substance to the public sewer but also the “placement” of a substance therein.
- Clarify the definition of “effluent” by limiting it to combined or sanitary sewers because as used in this chapter the term cannot refer to discharges to the MS4.
- Add a definition for “food waste disposer.” Also, the proposed amendments specify in §19-03(b) that food waste disposers are permitted only within dwelling units, as it does in Plumbing Code § 413.1 and Administrative Code § 24-518.1(b).
- Add a definition for “grease retention capacity” to clarify a currently undefined term which is used in Chapter 19.
- Change “extraction solvent” to “extractant” in the definition of “non-polar material” and “oil and grease” in case the Environmental Protection Administration prescribes an extractant that is not a solvent.
- Clarify the definition of “pre-treatment” to specify discharges to a sanitary or combined sewer.
- Add a definition for “reduced pressure zone device” from 15 RCNY §20-10 because the term is used in the definition of “clear water waste.”
- Amend the definition of “sewer” to include conveyance of storm water.
- Clarify the definition of “sewer surcharge” to specify discharges to a sanitary or combined sewer.
- Clarify the definition of “shredded garbage” to specify conditions in a sanitary or combined sewer.
- Change “water pollution control plant” to “wastewater treatment plant” because the latter is the term that is currently used by DEP in all of its literature.
- Clarify the definition of “wastewater,” by adding “contaminated stormwater runoff” and “any liquid that is conveyed by means of a pump or a hose” so that it is understood that these are also considered wastewater.
- Add a definition for “yellow grease,” because of proposed new paragraphs (1) and (2) of subdivision (v) of section 19-11 related to yellow grease.
- Add definitions for “gravity grease interceptor” and “hydromechanical grease interceptor” in order to add sizing requirements for gravity grease interceptors while clarifying that the existing sizing requirements apply to hydromechanical grease interceptors.
- Add a definition for “green infrastructure” and include it in the definition of “sewerage system” in order to ban the discharge of prohibited substances into such infrastructure, and protect such infrastructure from damage.

The proposed amendments to §19-02 Disposal of Wastewater, Stormwater and Groundwater clarify the rules to better describe the existing process for obtaining permits for such discharges. The proposed changes also include a new self-certification process for discharges of 10,000 gallons per day or less to avoid a lengthy review for such discharges if a licensed New York State Professional Engineer certifies that the discharge is in compliance with the Department’s pollutant limits. This is consistent with the spirit of the current regulatory language which does not require a permit for such discharges.

Regarding unauthorized connections to the sewer system, the proposed amendments clarify that the owner of the property with the unauthorized connection is liable for correcting the violation, and for all related expenses. Additionally, the proposed amendments state that DEP could choose to do the necessary work where circumstances may warrant, the expenses for which shall become due and payable by the property owner and constitute a lien upon the property. These powers are an important option for DEP in circumstances where it deems it preferable to do the work than to terminate water and sewer service. Examples of such circumstances are where there are particularly vulnerable individuals living on the premises, such as children, the elderly, or people with a health condition.

Also, the proposed amendments specify that groundwater discharge permits and/or letters of approval are for the “temporary” discharge of groundwater. This is meant to deter groundwater dischargers from continuing to tax the capacity of the sewer by the continuous renewal of permits and letters of approval to discharge groundwater rather than implementing a permanent engineering solution to a groundwater infiltration problem.

The proposed amendments to §19-03 Materials and Substances Excluded from Public Sewers clarify the section and add more harmful substances to the list of substances that are excluded from the public sewer. In addition, the proposed amendments replace certain references to “public sewer” with “combined or sanitary sewer” to clarify that the section is applicable only to combined and sanitary sewers. The term “public sewer” is retained in portions of this section that are applicable to combined, sanitary and storm sewers.

The proposed amendments to §19-04 Toxic Substances Accepted Conditionally, help to ensure that pretreatment systems are not just installed but installed correctly, and to prohibit the bypassing of such systems. In addition, the proposed amendments replace references to “public sewer” with “combined or sanitary sewer” to clarify that this section is applicable only to combined and sanitary sewers.

The proposed amendments to §19-05 Permit for Industrial Wastewater Discharge, §19-06 Removal, Transportation and Disposition of Scavenger Wastes, §19-07 Best Management Practices Plans (BMPPs) for Persons Discharging Total Silver Halide Process Wastewater to the Public Sewer System, §19-10 General Provisions, and §19-12 Best Management Practices for Perchloroethylene Discharges to the Public Sewer System from Dry Cleaning Facilities clarify the rules consistent with what is needed based on the experience of DEP inspectors, and other enforcement personnel. In addition, the proposed amendments replace certain references to “public sewer” with “combined or sanitary sewer” to clarify that portions of these sections are applicable only to combined and sanitary sewers. The term “public sewer” is retained in portions of this section that are applicable to combined, sanitary and storm sewers.

The proposed amendments to §19-11 Best Management Practices (BMPs) for Non-Residential Direct and Indirect Dischargers of Grease to the Public Sewer System, are numerous and represent the first major overhaul of the “grease regulations” since 1998. They reflect 17 years of accumulated experience on the part of DEP’s inspectors and their purpose is to clarify the requirements, be more comprehensive, and provide greater enforcement tools to inspectors in fulfilling their duties to bring non-residential dischargers of grease into compliance.

In addition, some of the proposed changes would:

- Specify more fixtures that must be connected to a grease interceptor to avoid confusion by the regulated community.
- Specify more types of establishments that are covered by the BMPs to avoid confusion.
- Allow for compliance through the installation of automatic grease removal devices instead of just grease interceptors. This will conform to the Plumbing Code, which distinguishes between the two types of devices, and accomodate the increasing use of automatic grease removal devices.
- Require that the design, construction, and installation of grease interceptors and automatic grease removal devices not hinder the ability of inspectors to perform a dye test for the purpose of ascertaining connections to waste lines.
- Require that grease interceptors and automatic grease removal devices have a tamper proof distinguishing feature that will allow an inspector to determine what model the device or interceptor is, even when installed below grade.
- Add a minimum flow rate in gallons per minute to the minimum grease retention capacity in pounds in Tables I and II because automatic grease removal devices are rated by flow rate rather than grease retention capacity. Also, amendments to section 19-11(e) would require that the grease retention capacity in pounds for grease interceptors be at least twice the numerical flow rate in gallons per minute, because some grease interceptor manufacturers make interceptors which have retention capacities that are greater than twice the flow rate. Therefore, sizing only by minimum grease retention capacity could result in a grease interceptor being installed that cannot handle the flow from the fixtures it is tributary to.
- Replace the old method of calculating aggregate volume for the fixtures in Tables I and II with a more accurate method.
- Add detailed criteria for determining the sizing of grease interceptors and automatic grease removal devices tributary to automatic dishwashers, combination ovens, floor drains, woks, and automatic hood wash units.
- Add the 25% rule for maintenance of grease interceptors and automatic grease removal devices. The rule requires that all the fat, oil, grease, and solids be removed before 25% of the interceptor or device’s total liquid depth is exceeded. The 25% rule is an industry standard and is used by many municipalities across the country.
- Add sizing requirements for gravity grease interceptors. Since gravity grease interceptors are sized by storage capacity in gallons, rather than flow rate and grease retention capacity in pounds, they cannot be sized by the existing requirements which specify the required flow rate and grease retention capacity. Only hydromechanical grease interceptors are sized by flow rate and grease retention capacity in pounds. Therefore, for gravity grease interceptors, a means of converting the existing requirements into a minimum storage capacity in gallons has been inserted; i.e. the minimum required flow rate shall be multiplied by 3. The resulting number shall represent the minimum storage capacity in gallons if a gravity grease interceptor is installed. To arrive at this conversion, DEP looked at various hydromechanical grease interceptors and divided their total liquid volume to the static water level in cubic inches by 231 to derive the volume in US gallons. The resulting volumes were on average between 2 and 3 times the flow rate, which is why DEP is using 3 multiplied by the flow rate to determine what a comparable storage volume in gallons would be for gravity grease interceptors.
- Add more detailed sizing criteria for floor drains.
- Prohibit the use of emulsifiers, enzymes, chemicals, microbial agents, or other additives in grease interceptors or automatic grease removal devices because many of them send grease downstream creating the appearance of a well maintained device, while the grease reaches the sewer by mixing in with the wastewater. Some additives do not do anything to the grease while creating a disincentive for proper maintenance when the owner of the establishment thinks all that is needed is to use the additive without the need to clean out the unit.
- Require yellow grease (waste cooking oil) to be disposed of only through collection by carters licensed by the New York City Business Integrity Commission. This will help to prevent yellow grease from being discharged down the drain.
- Add a definition for “green infrastructure” and also include it in the definition of “sewerage system.” By doing so, damage to the green infrastructure is prohibited under 15 RCNY 19-10(b)(2), which prohibits damage to the sewerage system.
- Add green infrastructure to the ban against discharge of prohibited substances in 15 RCNY 19-03(a)(1) and 15 RCNY 19-02(e).
- Add wipes and other personal care products to the list of substances prohibited from being discharged to the public sewer in 15 RCNY 19-03(a)(1).
- Add a prohibition against discharging antifreeze to the public sewer.
- Add a prohibition against discharging hazardous waste pharmaceuticals to the public sewer in accordance with the new prohibition against the “sewering” of hazardous waste pharmaceuticals in 40 CFR 266.505. The DEP prohibition is stricter than the federal prohibition in that the former would only exempt such small quantities as may be present in normal household wastes, whereas the latter only apply to healthcare facilities and reverse distributors.

The proposed amendments also include minor plain language revisions.

Subject: 

Public Sewer Use Rules Revision Rule.

Location: 
NYC Department of Environmental Protection
59-17 Junction Blvd. 19 Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, September 11, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Protection (DEP) is proposing a new Chapter 59 to amend Title 15 of the Rules of the City of New York (RCNY) that would establish a penalty schedule for violations of sections 24-601 et seq. of the Administrative Code. The proposed rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-610(c) and 24-611 of the Administrative Code.

The current Hazardous Substances Emergency Response Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-111, will be repealed by OATH on the same day that this proposed rule takes effect.

The penalty schedule will be moved from OATH Environmental Control Board (ECB) to DEP’s rules. 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 proposed 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 proposed repeal of 48 RCNY § 3-111 was identified as meeting the criteria for this initiative.

Subject: 

Hazardous Substances Emergency Response Penalty Schedule Proposed Rule.

Location: 
NYC Department of Environmental Protection
59-17 Junction Blvd. 19 Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 10, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing to repeal its Hazardous Substances Emergency Response Law (Hazardous Materials) Penalty Schedule. This rule is currently found in Section 3-111 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).  It contains penalties for violations of Chapter 6 of Title 24 of the Administrative Code.  DEP is proposing the adoption of substantially all of OATH’s Hazardous Materials Penalty Schedule into a new Chapter 59 of Title 15 of the RCNY. 

OATH ECB is currently in the process of repealing all penalty schedules in its rules, codified in Subchapter G of Chapter 3 of Title 48 of the RCNY, with the intent that the penalty schedules be incorporated into the rules of the applicable agencies. This is being done because it is the agencies, not OATH ECB, that possess the rule- and policy-making authority over the laws which underlie the violations detailed in the penalty schedules. In addition, such repeals will serve OATH’s core function as an adjudicatory body, as well as help to alleviate any false public perceptions that OATH is an enforcement agency, rather than a neutral arbiter.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has, until now, promulgated penalty schedules, the City’s regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of their own rules and laws, based on the severity of each violation and its effect on City residents.  The shifting of penalty schedules from OATH ECB to the rules of the enforcement agency will also make it easier for the public to find these penalties, as they will be located within the same chapter as the agency rules that support the violations alleged in their summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB to approve proposed or amended penalties for agency rules that have already been adopted by the City legislature and/or completed the steps required by the City Administrative Procedure Act (CAPA), during which the public still has the opportunity to comment on proposed penalties.

Working with the City’s rulemaking agencies, the NYC Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective review of the City’s existing rules, identifying those rules that could be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to increase public understanding and compliance. OATH’s proposed rule repeal was identified as meeting the criteria for this initiative.

 

Subject: 

Proposed Repeal of OATH Hazardous Materials Penalty Schedule

Location: 
Office of Administrative Trials and Hearings, 10th Floor Conference Room
66 John Street
New York, NY 10038
Contact: 

Nicholas Dietz
212-933-3005
NDietz@oath.nyc.gov

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