noise code Subscribe to RSS - noise code

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 28, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On August 7, 2016, OATH made changes to its rules, which are found at Title 48 of the Rules of the City of New York (RCNY). OATH has repealed the Air Code and Noise Code Penalty Schedules from its rules and these penalty schedules have been promulgated by DEP as 15 RCNY 43-01 et seq. (Air) and 15 RCNY 47-01 et seq. (Noise). When DEP promulgated these penalty schedules in its rules, outdated references to sections of OATH’s rules were carried over. The proposed rules replace these outdated references.

Consistent with the above, DEP promulgates the following amendments, to be found at 15 RCNY Chapters 43 and 47.

Subject: 

.

Location: 
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter. OATH ECB repeals its Noise Code Penalty Schedule in Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on December 23, 2016, and a public hearing was held on January 26, 2017. 

 

No one attended or testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

 

 

Statement of Basis and Purpose

 

The NYC Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Noise Code Penalty Schedule.  This schedule is found in 48 RCNY § 3-115, and contains penalties for violations of Title 15 of the RCNY and Titles 10 and 24 of the New York City Administrative Code. At the same time, DEP promulgates a penalty schedule for violation of these laws within Title 15 of the RCNY. DEP’s penalty schedule is located in Chapter 47 of Title 15 of the RCNY. OATH ECB is in the process of repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be relocated to the rules of the enforcement agencies with rulemaking and policymaking jurisdiction over the laws that underlie these penalties.

 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the regulatory and enforcement agencies have the regulatory authority and necessary expertise to determine appropriate penalties to address violation of the rules and of the laws within their jurisdiction. In addition, moving the penalty schedule makes it easier for the public to find the penalties, which are now located within the same chapter as the rules that contain the substantive violations alleged in the summonses rather than in the OATH ECB schedule. Finally, the rule repeal speeds up the rulemaking process by eliminating the need for board approval of penalties 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. This rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York is REPEALED.

 

 

Effective Date: 
Fri, 03/24/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 6, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a new rule to be found at Title 15 of the Rules of the City of New York (RCNY) Chapter 47, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code) as amended by Local Law 72 of 2016 (LL 72), as well as violations of 15 RCNY Chapter 28, which governs noise from construction. The proposed rules are authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code.

LL 72 amends section 24-218 of the Noise Code by adding a new subdivision (a-1) applying to unreasonable noise violations committed in a commercial context or in certain cases by building owners. The law also amends section 24-257 to change the penalty range for a first offense of section 24-218(a) to $75 to $150, the civil penalty for a second offense within two years to $150 to $250, and the civil penalty for a third offense within two years to $350 to $500. The current penalties for unreasonable noise will now be applicable to violations of section 24-218(a-1).

The current Noise Code Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-115, is not being changed, other than the changes required by LL 72 as described above. OATH will repeal the existing penalty schedule from its rules on the same day that this proposed rule takes effect.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule 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 relocation will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.
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 §3-115 was identified as meeting the criteria for this initiative.
Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 47.

Subject: 

DEP Noise Code Penalty Rule

Location: 
DEP 19 Floor Conference Room
59-17 Junction Boulevard 19 Floor
Flushing, NY 11373
Contact: 

No contact