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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Monday, December 10, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Section 24-705 of the New York City Administrative Code (Ad Code) provides that DEP “by regulation shall develop a facility inventory form” (FIF) which is to be filed annually with DEP by facilities in accordance with Ad Code section 24-706 in order to report the presence of certain hazardous substances in facilities.

DEP complied with section 24-705 by promulgating an FIF as Appendix A to the Community Right-to-Know Rules, which are found at Title 15, Chapter 41 of the Rules of the City of New York. However, the FIF which currently appears in Appendix A has not been revised since 1990.

The current FIF needs to be updated for two reasons: First, the United States Environmental Protection Agency (EPA) has amended its hazardous chemical reporting regulations (40 CFR Part 370) to implement the Emergency Planning and Community Right-to-Know Act (EPCRA), as a result of changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). Following EPCRA, to incorporate the adoption of the OSHA HCS in 40 CFR Part 370, the U.S. EPA is replacing the existing five federal hazard categories for list reporting (Section 311) and annual inventory reporting (Section 312) with 24 new physical and health hazard categories. Since the FIF must reflect EPA’s reporting requirements, it must be changed to accommodate these new categories.

Second, Local Law Number 143 for the year 2013 amended Title 24 of the Ad Code by requiring the department to promulgate rules amending the FIF to include (1) any applicable special flood hazard area zone, as established by the Building Code, and Office of Emergency Management coastal storm and hurricane evacuation zone; (2) a certification that hazardous substance storage is in compliance with department rules and all other applicable federal, state, and local laws, rules and regulations; and (3) a description of how such storage takes into account potential flooding and other extreme weather events.

This proposed rule also would make technical corrections to 15 RCNY §§ 41-03 (definitions), 41-05(a) and 41-12(b)(1).

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-705 of the New York City Administrative Code.

Subject: 

Amendment of rules to update the Facility Inventory Form filed with the Department of Environmental Protection DEP under the Community Right-to-Know Law.

Location: 
DEP 1st Floor Haz Mat Conference Room
59-17 Junction Blvd. 1st Floor Haz Mat Conf. Rm.
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Friday, November 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
Under authority granted to it by section 1100 of the Public Health Law and section 24-302 of the New York City Administrative Code, the New York City Department of Environmental Protection (“DEP”) is amending sections 18-12, 18-15 through 18-17, 18-23, 18-26, 18-29, 18-34 through 18-39, 18-61 and 18-82 through 18-84 of its Rules and Regulations for the Protection from Contamination, Degradation and Pollution of the New York City Water Supply and its Sources (“Watershed Regulations”). 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 proposed amendments incorporate changes in federal and state law and also address issues that have arisen during administration and enforcement of the Watershed Regulations, which were identified by a number of the interested parties.
The proposed amendments to the Watershed Regulations include revisions to replace the existing approach for evaluating alterations and modifications of subsurface sewage treatment systems – and for determining whether systems that have not been used in some time can be brought back into service – with an approach that focuses primarily on how well the septic system will serve the proposed use, consistent with public health and water quality concerns. The amendments to the Watershed Regulations also include various revisions which relate to the incorporation of the New York State Department of Environmental Conservation (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 proposed amendments also eliminate the description of the phosphorus offset pilot program, which had a limited term and was completed.
The proposed 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. Furthermore, the proposed revisions reorganize and clarify requirements applicable to the alteration and modification of certain noncomplying regulated activities – i.e., storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities. In addition, DEP proposes to eliminate the “hardship” criterion necessary for obtaining a variance from the Watershed Regulations, which has not proven to further water quality goals.
DEP also proposes to re-issue 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 will be combined and certain revisions will be incorporated to clarify the standards used for analysis of water quality samples.
The proposed 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 proposed 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.
As required by section 1100 of the Public Health Law, DEP will not adopt these amendments until the State Department of Health has approved them.

Subject: 

Amendment of Watershed Regulations

Location: 
NYC DEP 11th Floor Conference Room
59-17 Junction Blvd. 11th Floor
Flushing, NY 11373
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.

The rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.

DEP’s authority for this rule is found in City Charter section 1043 and section 24-716 of the Administrative Code.

DEP received comments concerning the applicability of this rule to utilities, telecommunications providers and hospitals to the effect that it would be burdensome and onerous for such entities to comply with the rule while maintaining essential services during an extreme weather event. In response, DEP has added a provision to the rule exempting hospital, government, utility, and telecommunications entities from complying with the rule in order to maintain essential services.

Effective Date: 
Thu, 11/01/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Laws 10 and 53 of 2018 amended Section 24-219 and 24-220 of the Administrative Code, require the filing of noise mitigation plans that must be made publicly available on the department’s website, as well as requiring noise mitigation rules for interior renovation.

DEP promulgates these rules, as required by section 24-219 and 24-220 to clarify and revise the existing noise construction rules as set forth in 15 RCNY 28-100 et seq. to require that noise mitigation plans must be filed with the department and add a section to the rules that will provide for mitigation techniques to control for interior renovation noise.

DEP received written comments pertaining to the type of noise that requires interior noise mitigation, as well as alternative technology that may be used to reduce noise to levels acceptable under the New York City Noise Control Code (“Noise Code”). As a result of these comments, this rule exempts minimal noise activities and allows an equivalent technology to be used if the mitigation will reduce the sound levels to those permitted by the Noise Code.

Effective Date: 
Thu, 10/18/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law 53 of 2018 added a new subdivision (e) to Section 24-207 of the Administrative Code. This new subdivision requires the commissioner to prescribe specific time frames for inspections in response to after hours noise complaints received by the department to ensure that inspections are most likely to occur at a time that the alleged noise is continued from the time of such complaint, or at a time when the alleged noise is likely to be repeated.

DEP promulgates these rules, as required by section 24-207(e), to establish the method and strategy to inspect after hours complaints when the noise will still be continuing and/or likely to be repeated.

DEP received a comment from one individual requesting that an actual numerical value be tied to the inspection process to clearly set forth the parameters for when the after hours inspection must occur. That suggested revision is captured in this rule.

Effective Date: 
Sun, 10/14/2018

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, October 10, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
Section 1403(b-1) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “the power to administer and enforce provisions of law, rules and regulations relating to the management and control of discharges and runoff from public and private property, including but not limited to stormwater discharges, which may convey pollutants and other materials that may enter and have an adverse impact on the waters of the state.” Title 24 of the Administrative Code of the city of New York, Chapter 5-A provides that its purpose and intent are to “(i) reduce pollutants discharged in stormwater runoff from construction activities in such areas to the maximum extent practicable through appropriate erosion and sediment controls; (ii) minimize, to the maximum extent practicable, increases in stormwater runoff volume and velocity, and pollutant loading in stormwater runoff, from development sites in such areas; (iii) ensure the proper maintenance of post-construction stormwater management practices; and (iv) ensure compliance by certain industrial facilities in such areas with applicable requirements to manage stormwater runoff in order to reduce pollutants in stormwater from industrial activities to the maximum extent practicable.”
Chapter 19.1 is needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), which is issued by the New York State Department of Environmental Conservation (NYSDEC). The NYC MS4 permit requires the City to implement a number of programs in the portions of the City served by the City’s MS4 – the municipal separate storm sewer system – with the goal of reducing pollutants in the stormwater that enters surface waters from the MS4 to the “maximum extent practicable.” Specifically, the proposed Chapter enables the Commissioner to protect waters of the state by establishing two new regulatory programs required by the NYC MS4 permit:
(i) an inspection and enforcement program to ensure that industrial stormwater sources are in compliance with state and local stormwater requirements; and
(ii) a permitting, inspection and enforcement program for covered development projects, as defined in the rule, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.
Permit issuance for covered development projects in the MS4 area, meaning projects that involve or result in at least one acre of soil disturbance within the municipal separate storm sewer system (MS4) area, is not subject to environmental review pursuant to 6 NYCRR Section 617.5(c)(19). However, issuance of a variance under the rule is subject to environmental review.
DEP expects to publish the final version of sections 19.1-01 through 19.1-02 of these rules in December of 2018. The final rules will establish the effective date of these sections, which relate to general administration, enforcement, and industrial and commercial stormwater sources. The effective date will be 45 days after approval by NYSDEC of the City’s stormwater management plan.
DEP expects to publish the final version of section 19.1-03 of these rules within 30 days from the final approval by NYSDEC of the storm water management plan. The final rules will establish the effective date of this section, which relates to construction and post-construction stormwater sources. The effective date will be between 45 and 180 days after approval by NYSDEC of the City’s stormwater management plan.

Subject: 

The Department of Environmental Protection is proposing rules governing industrial, commercial, construction, and post-construction stormwater sources.

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 Rule

Local Law Number 53 of 2018 amended the Administrative Code by adding a new Section 24-223.1, which provides for the issuance of a stop work order when it is found that work is being performed in violation of the provisions of Section 24-222 or 24-228 or any rules promulgated thereunder.

DEP is promulgating these rules, as required by Section 24-223.1, to establish a procedure for requesting a hearing to appeal a written stop work order by amending Chapter 45 of Title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of Title 15 of the RCNY to add the hearing for appeal of written stop work orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

DEP received no comments at the public hearing nor were any submitted to DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 45 and 15 RCNY Chapter 32.

The Rule is authorized by Section 1043 of the Charter and Sections 24-204 and 24-223.1 of the Administrative Code.

Effective Date: 
Wed, 10/10/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

DEP is promulgating this rule to amend Chapter 47 of Title 15 of the Rules of the City of New York (RCNY), to establish new penalties for violations of Title 24, Chapter 2 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code), as amended by Local Law 53 of 2018 (LL 53). The rule is authorized by section 1043 of the New York City Charter(Charter) and sections 24-204 and 24-257 of the Noise Code, and is exempt from review under section 1043(d) of the Charter pursuant to section 1043(d)(4)(iii).

LL 53 amends subdivision (d) of section 24-223 of the Noise Code to set enforceable decibel limitations from construction noise. Prior to the enactment of LL 53, violations were not authorized for exceedances of a decibel level unless the responsible party failed to confer with the Department concerning mitigation measures that can be used to reduce noise. In addition, LL 53 authorizes the Department to issue a stop work order if the Department finds that work is being performed in violation of sections 24-223 or 24-228 of the Noise Code, or any rules promulgated thereunder.

Consistent with the above, DEP adopts the following rule amendment.

Effective Date: 
Fri, 10/05/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 3, 2018
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal its Community Right-To-Know Penalty Schedule rule.  This schedule is currently found in Section 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Community Right-To-Know Penalty Schedule contains penalties for summonses issued by the Department of Environmental Protection (DEP) for violations of Chapter 7 of Title 24 of the Administrative Code of the City of New York. DEP is proposing a related rule adding a similar Community Right-To-Know Penalty Schedule to Chapter 41 of Title 15 of the RCNY.

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:00 a.m. on October 3, 2018. The hearing will be in the OATH 10th Floor Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

  • Website.  You can submit comments to OATH ECB through the NYC rules website at http://rules.cityofnewyork.us/.
  • Email.  You can email written comments to Rules_Oath@oath.nyc.gov.
  • Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.
  • Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at (212) 361-1900.
  • Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling OATH at (212) 436-0708, or you can also sign up in the hearing room before the hearing begins on October 3, 2018. You can speak for up to three (3) minutes.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on October 3, 2018.

What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at 100 Church Street, 12th Floor, New York, NY 10007. You may also call OATH by telephone at (212) 436-0708 to request a reasonable accommodation. Please tell us by September 26, 2018.

This location has the following accessibility option(s) available: Wheelchair Accessible.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH ECB to make this rule? Section 1049-a of the New York City Charter (City Charter) authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s regulatory agenda for this Fiscal Year.

Where can I find OATH ECB’s rules? OATH ECB’s rules are in Title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH ECB must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049-a of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal its Community Right-To-Know Penalty Schedule rule. This schedule is currently found in § 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of the Community Right-To-Know Law, codified in Chapter 7 of Title 24 of the Administrative Code of the City of New York. This penalty schedule provides the penalties for violations relating to the siting and storage of hazardous substances stored in portable containers. The Department of Environmental Protection (DEP) is proposing a related rule adding a similar Community Right-To-Know Penalty Schedule to Chapter 41 of Title 15 of the RCNY, including one new violation of 15 RCNY § 41-14.

The context for this proposed repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 violation 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 the enforcement agency’s rules will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule repeal 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 could 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. This proposed rule repeal was identified as meeting the criteria for this initiative.

Section 1. The Community Right-To-Know Penalty Schedule rule, found in Section 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

Subject: 

.

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

OATH Rules, 212-436-0708

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 3, 2018
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal its Sewer Control Penalty Schedule rule.  This schedule is found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Sewer Control Penalty Schedule contains penalties for summonses issued by the Department of Environmental Protection (DEP) for violations of Chapter 5 of Title 24 of the Administrative Code of the City of New York and Chapter 19 of Title 15 of the RCNY. DEP is proposing a related rule adding a similar Sewer Control Penalty Schedule to its rules.

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:00 a.m. on October 3, 2018. The hearing will be in the OATH 10th Floor Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

  • Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.
  • Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at (212) 361-1900.
  • Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling OATH at (212) 436-0708, or you can also sign up in the hearing room before the hearing begins on October 3, 2018. You can speak for up to three (3) minutes.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on October 3, 2018.

What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at 100 Church Street, 12th Floor, New York, NY 10007. You may also call OATH by telephone at (212) 436-0708 to request a reasonable accommodation. Advance notice is requested to allow sufficient time to arrange accommodations.  Please tell us by September 26, 2018.

This location has the following accessibility option(s) available: Wheelchair Accessible.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH ECB to make this rule? Section 1049-a of the New York City Charter (Charter) authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s regulatory agenda for this Fiscal Year.

Where can I find OATH ECB’s rules? OATH ECB’s rules are in Title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH ECB must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049-a of the City Charter. 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal its Sewer Control Penalty Schedule rule. This schedule is currently found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Sewer Control Penalty Schedule contains penalties for summonses issued by the Department of Environmental Protection (DEP) for violations of Chapter 5 of Title 24 of the Administrative Code of the City of New York and Chapter 19 of Title 15 of the Rules of the City of New York. This penalty schedule provides penalties for violations relating to the construction and regulation of public sewers, including unauthorized discharge into public sewers. DEP is proposing a related rule adding a similar Sewer Control Penalty Schedule to its rules.

The context for this proposed repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 violation 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 the enforcement agency’s rules will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule repeal 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 could 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. This proposed rule repeal was identified as meeting the criteria for this initiative.

Section 1. The Sewer Control Penalty Schedule rule, found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

Subject: 

.

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

OATH Rules, 212-436-0708

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