Sanitation Penalty Schedule Subscribe to RSS - Sanitation Penalty Schedule

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 10, 2017
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 NYC Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to amend its Sanitation Penalty Schedule, found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), by repealing penalty provisions relating to violations of NYC Administrative Code Section 16-118.  This schedule contains penalties for summonses issued by the New York City Department of Sanitation (DSNY). Simultaneously, DSNY is proposing a companion rule that includes the penalty provisions for violations of Section 16-118.

 

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 11:30 a.m. on April 10, 2017. The hearing will be in the OATH ECB Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

 

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

 

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

 

 

 

  • Mail.  You can mail written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.

 

  • Fax. You can fax written comments to OATH ECB, Attention: Simone Salloum, Assistant General 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 Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on April 10, 2017. You can speak for up to three (3) minutes.

 

Is there a deadline to submit written comments? You may submit written comments up to the close of business on April 10, 2017.

 

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 the address given above. You may also tell us by telephone at 212-436-0708. You must tell us by April 3, 2017.

 

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 ECB, 66 John Street, 10th Floor, New York, NY 10038.

 

What authorizes OATH ECB to make this rule? Sections 1049-a of the 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 rules 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) is proposing the repeal of all violations of NYC Administrative Code Section 16-118 from the Sanitation Penalty Schedule found in Title 48 of the Rules of the City of New York Section 3-122.  Local Law 75 of 2016, which took effect on August 12, 2016, amended the penalty amounts for violations of Administrative Code Section 16-118(1).  As a result, OATH ECB repealed the penalty provisions for violations of Section 16-118(1) from its Sanitation Penalty Schedule, effective November 6, 2016.  OATH ECB now proposes the repeal of the remaining violations of Section 16-118 from the Sanitation Penalty Schedule.  At the same time, DSNY is also proposing to add a new Chapter 19 to Title 16 of the Rules of the City of New York that will contain the penalties for violations of Administrative Code Section 16-118.

 

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 Rules of the City of New York so that they can be relocated to the rules of the agencies with rulemaking and policymaking jurisdiction over the laws underlying the violations. 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 will make it easier for the public to find the penalties, which will be located within the same chapter as the rules that contain the substantive violations alleged in the summonses. Finally, the proposed rule repeal will speed 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 proposed rule repeal was identified as meeting the criteria for this initiative.

Subject: 

.

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

Elizabeth Nolan, (212) 436-0708, rules_oath@oath.nyc.gov

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 and Section 28-202.1 of the New York City Administrative Code. OATH ECB modifies its Sanitation Penalty Schedule by repealing penalties for violations of section 16-118(1) of the Administrative Code. This schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule was published in the City Record on August 4, 2016, and a public hearing was held on September 6, 2016.  No one attended the public hearing and OATH ECB did not receive any written comments concerning this rule.

 

Statement of Basis and Purpose

 

Local Law 75 of 2016, which takes effect on August 12, 2016, modifies the penalty amounts for violations of section 16-118(1) of the Administrative Code.  This provision prohibits littering and spitting in public places.  Section 16-118(9) (c) of the law provides for a first offense penalty of $75, a second offense penalty of not less than $250 and not more than $350 dollars and a third offense penalty of not less than $350 and not more than $450. In addition, section 16-118(11) provides that, in the event of a default, an additional penalty will be imposed not exceeding 150 percent of the penalties stated in section 16-118(9)(c) .

Because the penalties for violation of section 16-118(1) currently contained in OATH ECB’s rules do not comply with the new law, OATH ECB amends its Sanitation Penalty Schedule to repeal penalties for violation of section 16-118(1).

 

OATH ECB’s authority for these rules is found in Chapter 4-E of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a  of the New York City Charter.

Effective Date: 
Thu, 10/06/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 6, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose 

Local Law 75 of 2016, which takes effect on August 12, 2016, modifies the penalty amounts for violations of section 16-118(1) of the Administrative Code.  This provision prohibits littering and spitting in public places.  Section 16-118(9) (c) of the law provides for a first offense penalty of $75, a second offense penalty of not less than $250 and not more than $350 dollars and a third offense penalty of not less than $350 and not more than $450. In addition, section 16-118(11) provides that, in the event of a default, an additional penalty will be imposed not exceeding 150 percent of the penalties stated in section 16-118(9)(c), .

Because the penalties for violation of section 16-118(1) currently contained in ECB’s rules do not comply with the new law, ECB is proposing to amend its Sanitation Penalty Schedule to repeal penalties for violation of section 16-118(1).

ECB’s authority for these rules is found in Chapter 4-E of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a  of the New York City Charter.

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Environmental Control Board proposes to amend its Department of Sanitation Penalty Schedule found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York by repealing the following entries:

 

Section/Rule

Description

Offense

Penalty

Default

[16 -118(1)**

Littering

1st

$100

$450]

[16 -118(1)**

Littering

2nd

$250

$450]

[16 -118(1)**

Littering

3rd

$350

$450]

[16 -118(1)**

Sweep Out

1st

$100

$450]

[16 -118(1)**

Sweep Out

2nd

$250

$450]

[16 -118(1)**

Sweep Out

3rd

$350

$450]

[16 -118(1)**

Throw Out

1st

$100

$450]

[16 -118(1)**

Throw Out

2nd

$250

$450]

[16 -118(1)**

Throw Out

3rd

$350

$450]


Subject: 

OATH ECB Repeal of Certain Provisions of the Sanitation Penalty Schedule.

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

Elizabeth Nolan, (212) 436-0708

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):