hazardous materials Subscribe to RSS - hazardous materials

Proposed Rules: Open to Comments

Log in or register to post 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which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-111, will be repealed by OATH on the same day that this proposed rule takes effect.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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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: Open to Comments

Log in or register to post 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

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

Agency:
Comment By: 
Wednesday, July 11, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
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 proposed 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 proposed 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 New York City Charter section 1043 and section 24-716 of the Administrative Code.

Subject: 

Siting and Storage of Hazardous Materials.

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

No contact

Download Copy of Proposed Rule (.pdf):