sewer Subscribe to RSS - sewer

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Wednesday, January 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
The Department of Environmental Protection (“DEP” or the “Department”) is proposing rules to amend Title 15 of the Rules of the City of New York (RCNY) by adding a new Chapter 56 that would establish penalties for violations of Chapter 5 and 5-A of Title 24 of the Administrative Code of the City of New York (Administrative Code), Chapter 19 of Title 15 of the RCNY, and Chapter 19.1 of Title 15 of the RCNY.
The proposed rules would establish the Sewer Control Rules Penalty Schedule, to be found at a new Chapter 56 of Title 15 of the RCNY. The proposed rules are, in part, needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), issued by the New York State Department of Environmental Conservation (NYSDEC) on August 1, 2015 pursuant to the federal Clean Water Act.
The NYC MS4 permit requires the City to develop and implement a number of programs to reduce pollutants in certain stormwater discharges to local waterbodies. To that end, DEP has proposed a new Chapter 19.1 of Title 15 of the RCNY, which enables the Commissioner to protect waters of the state by establishing the following two new regulatory programs required by the NYC MS4 permit:
(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 the rule, 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 Sewer Control Rules Penalty Schedule is intended, in part, to enforce the program described in (i) above. The program described in (ii) above will have a separate penalty schedule.
The existing Sewer Control Rules Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) at 48 RCNY§ 3-123, will be repealed by OATH ECB on the same day that these proposed rules take effect. The proposed Sewer Control Rules Penalty Schedule is unchanged from the existing rule, except for additional penalties to enforce the following new sections in the proposed new Chapter 19.1 of Title 15 of the RCNY and Chapter 5-A of Title 24 of the Administrative Code:
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final limits for toxic parameter under SPDES Multi-Sector General Permit
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit but less than 10x the limit / Unauthorized discharge
• 15 RCNY 19.1-02.1 - Discharge in excess of interim or final effluent limits for non-toxic parameter under SPDES Multi-Sector General Permit and equal to 10x the limit or greater / Significant unauthorized discharge
• 15 RCNY 19.1-02.3 - Refusal to allow inspection/tampering with sampling or testing device
• A.C. 24-573 / 15RCNY 19.1-02.4 - Failure to maintain/submit required record/report
• A.C. 24-585 - Failure to comply with Comm’s Order
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit reporting requirements
• 15 RCNY 19.1-02.1 - Failure to comply with terms of permit other than reporting requirements
• 15 RCNY 19.1-01.4 - Failure to comply with Storm Water Pollution Prevention Plan
• 15 RCNY 19.1-02.1 - Providing false or misleading information
• 15 RCNY 19.1-01.4 - Failure to protect against accidental discharge
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Miscellaneous Administrative Code/Rule violation
• A.C. Title 24, Ch.5-A and 15 RCNY Ch. 19.1 - Any serious Administrative Code/Rule violation
The proposed version of sections 19.1-01 through 19.1-02 of these rules has been published and is expected to be in effect when this penalty schedule goes into effect. These sections relate to the general administration, and enforcement of the industrial and commercial stormwater control program.
Although OATH ECB is empowered to impose penalties under the 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, 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 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 §3-123 was identified as meeting the criteria for this initiative.

Subject: 

Promulgation of Penalties for Violation of Sewer Control Rules

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

No contact