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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, January 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Projection (“DEP or the “Department”) is proposing a new Chapter 55 to amend Title 15 of the Rules of the City of New York (RCNY) that would establish penalties for violations of Chapter 19.1 of Title 15 of the Rules of the City of New York. The proposed Chapter 19.1 rules are needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), which requires the City to reduce pollutants in stormwater runoff that discharge to the local waterbodies. The NYC MS4 permit was issued by the New York State Department of Environmental Conservation (NYSDEC) on August 1, 2015, in accordance with the federal Clean Water Act.
Chapter 19.1, which is being promulgated under separate rulemaking, enables the Commissioner to protect waters of the state by establishing two new regulatory programs:
(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 proposed Chapter 19.1, including requirements for construction and post-construction stormwater controls, standards for such controls, and penalties for non-compliance with the rules and permit conditions.

The proposed Chapter 55 penalty schedule is intended to enforce the program described in (ii) above. The fine range is based on the lowest possible permit fee- $3000.00 (1-acre of development) - and the highest allowed by the MS4 legislation. The program described in (i) above will have a separate penalty schedule.

The proposed rules are authorized by section 1043 of the Charter of the City of New York and Chapter 5-A of Title 24 of the Administrative Code.

Subject: 

Stormwater Penalty Schedule.

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The amendments to Title 15 RCNY Chapter 19 (“Chapter 19”) are intended to add more clarity and specificity to the existing agency regulations in order to avoid confusion, and promote higher rates of compliance.

In addition, section 24-520.1 of the Administrative Code of the City of New York authorizes the Commissioner to regulate non-stormwater discharges into separate storm sewers. Specifically, the section authorizes DEP to establish “allowable runoff” through rules that are consistent with the City’s State Pollutant Discharge Elimination System (SPDES) Municipal Separate Storm Sewer System (MS4) permit and the proper maintenance and purpose of storm sewers.

Accordingly, the amendments are intended to add more clarity and specificity to the existing agency regulations in order to comply with the City’s Municipal Separate Storm Sewer System (MS4) permit, issued by the New York State Department of Environmental Conservation on August 1, 2015 pursuant to the federal Clean Water Act. The MS4 Permit requires the City to reduce pollutants in stormwater runoff that discharge to the local waterbodies.

Specifically, the amendments clarify that only stormwater and allowable runoff may enter a storm sewer, catch basin or manhole without written approval.

The amendments add §19-13 to allow for and delineate an appeals process for Commissioner’s Orders issued pursuant to sections 24-581 or 24-524(a) of the New York City Administrative Code.

The amendments will make Chapter 19 clearer as well as more detailed and comprehensive, in order to make it easier for the regulated community to determine what needs to be done to attain compliance.

The final rule also contains amendments to 15 RCNY § 19-10(d), which were not included in the proposed rule. This language is being added to clarify and update the description of how inspections will be conducted to enforce the chapter.

Effective Date: 
Fri, 03/30/2018