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Proposed Rules: Closed to Comments

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 2, 2018
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

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, October 10, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
Section 1403(b-1) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “the power to administer and enforce provisions of law, rules and regulations relating to the management and control of discharges and runoff from public and private property, including but not limited to stormwater discharges, which may convey pollutants and other materials that may enter and have an adverse impact on the waters of the state.” Title 24 of the Administrative Code of the city of New York, Chapter 5-A provides that its purpose and intent are to “(i) reduce pollutants discharged in stormwater runoff from construction activities in such areas to the maximum extent practicable through appropriate erosion and sediment controls; (ii) minimize, to the maximum extent practicable, increases in stormwater runoff volume and velocity, and pollutant loading in stormwater runoff, from development sites in such areas; (iii) ensure the proper maintenance of post-construction stormwater management practices; and (iv) ensure compliance by certain industrial facilities in such areas with applicable requirements to manage stormwater runoff in order to reduce pollutants in stormwater from industrial activities to the maximum extent practicable.”
Chapter 19.1 is needed to comply with the New York City municipal separate storm sewer system permit (NYC MS4 permit), which is issued by the New York State Department of Environmental Conservation (NYSDEC). The NYC MS4 permit requires the City to implement a number of programs in the portions of the City served by the City’s MS4 – the municipal separate storm sewer system – with the goal of reducing pollutants in the stormwater that enters surface waters from the MS4 to the “maximum extent practicable.” Specifically, the proposed Chapter enables the Commissioner to protect waters of the state by establishing 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.
Permit issuance for covered development projects in the MS4 area, meaning projects that involve or result in at least one acre of soil disturbance within the municipal separate storm sewer system (MS4) area, is not subject to environmental review pursuant to 6 NYCRR Section 617.5(c)(19). However, issuance of a variance under the rule is subject to environmental review.
DEP expects to publish the final version of sections 19.1-01 through 19.1-02 of these rules in December of 2018. The final rules will establish the effective date of these sections, which relate to general administration, enforcement, and industrial and commercial stormwater sources. The effective date will be 45 days after approval by NYSDEC of the City’s stormwater management plan.
DEP expects to publish the final version of section 19.1-03 of these rules within 30 days from the final approval by NYSDEC of the storm water management plan. The final rules will establish the effective date of this section, which relates to construction and post-construction stormwater sources. The effective date will be between 45 and 180 days after approval by NYSDEC of the City’s stormwater management plan.

Subject: 

The Department of Environmental Protection is proposing rules governing industrial, commercial, construction, and post-construction stormwater sources.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 14, 2014
Proposed Rules Content: 

 

Statement of Basis and Purpose

 

Originating from input from applicants and other parties affected by the existing laws and rules relating to property tax abatements for the installation of green roofs, with the assistance of the New York City Department of Environmental Protection (DEP), New York State has amended Title 4-B of Article 4 of the NYS Real Property Tax Law.

Therefore, in conjunction with DEP, the Department of Buildings is proposing to amend this rule in order to coincide with relevant amendments made to the revised state law.

Such proposed amendment to the rule will expand the definition of “vegetation layer” to include “native plant species, and/or agricultural plant species”. This amendment would allow rooftop farms to qualify for the abatement, as they provide similar stormwater management benefits as other green roofs, while bringing the added benefit of providing local produce to New York City residents.

 

 

Subject: 

.

Location: 
Department of Buildings
280 Broadway, 3rd floor
New York, NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):