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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) held a Public Hearing on August 9, 2012 regarding changes to its Sanitation Penalty Schedule. This schedule is found in §3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. It contains penalties for notices of violation issued by the New York City Department of Sanitation (DSNY). Neither written comments nor oral testimony were presented at the August 9, 2012 Public Hearing.

 

The final paragraph of the head notes of the penalty schedule explains what penalties will be imposed when a respondent fails to appear for a hearing. For most charges, a respondent who defaults is given thirty days from the mailing date of the default order to admit and pay the mail-in penalty indicated on the notice of violation plus a $30 fee. However, there are certain exceptions.

 

One exception is if the mail-in penalty is the maximum penalty allowed by law. In that case, no late fee is charged.

 

Other exceptions include charges where the respondent is not allowed to admit and pay the penalty by mail. These charges include more serious violations such as illegal dumping, transfer station violations and improper disposal of medical waste. In those cases, because the full default penalty is charged when the respondent fails to appear for a hearing, no late fee is charged.

 

 

Effective Date: 
Tue, 11/13/2012

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 9, 2012
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Environmental Control Board (ECB) proposes to change its Sanitation Penalty Schedule. This schedule is found in §3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. It contains penalties for notices of violation issued by the New York City Department of Sanitation (DSNY).

 

The final paragraph of the head notes of the penalty schedule explains what penalties will be imposed when a respondent fails to appear for a hearing. For most charges, a respondent who defaults is given thirty days from the mailing date of the default order to admit and pay the mail-in penalty indicated on the notice of violation plus a $30 fee. However, there are certain exceptions.

 

One exception is if the mail-in penalty is the maximum penalty allowed by law. In that case, no late fee is charged.

 

Other exceptions include charges where the respondent is not allowed to admit and pay the penalty by mail. These charges include more serious violations such as illegal dumping, transfer station violations and improper disposal of medical waste. In those cases, because the full default penalty is charged when the respondent fails to appear for a hearing, no late fee is charged.

 

 

 

 

Subject: 

Opportunity to comment on the proposed rule regarding penalties for offenses adjudicated by the Environmental Control Board (ECB) related to the Sanitation Penalty Schedule.

Location: 
Environmental Control Board (ECB)
66 John Street, 10th Floor
New York, NY 10038
Contact: 

James Macron
Counsel to the Board
ECB
66 John Street, 10th Floor
New York, N.Y. 10038
(212) 361-1515
jmacron@oath.nyc.gov

Download Copy of Proposed Rule (.pdf):