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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (“ECB”) has amended its Department of Transportation (DOT) Penalty Schedule, codified in Section 3-124 of Title 48 of the Rules of the City of New York.  In an effort to support Mayor de Blasio’s Small Business First initiative and set penalties that are reasonable in relation to the violations cited, at DOT’s request ECB has:

·       lowered the penalty for failure to obtain a confirmation number for a street opening permit on a protected street, and

·       added a separate penalty for failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

This amendment and the additional charge will clarify the difference between a respondent’s failure to notify the department prior to commencing a backfill on a protected street versus a respondent’s failure to obtain a confirmation number for any street opening permit on a protected street. They will also ensure that the penalty is proportionate to the violating condition cited, and will promote consistency within DOT’s fine structure by setting similar penalties for similar offenses.

 

The ECB held a public hearing on December 29, 2014 regarding amendments to its Department of Transportation (DOT) Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. Two representatives of DOT attended the public hearing. No members of the public attended the public hearing. ECB received one written comment on the proposed rule regarding amendments to its DOT Penalty Schedule.

 

 

Fine Decrease for 34 RCNY § 2-11(f)(2)(ii).  Failure to obtain a confirmation number for a street opening permit on a protected street.

 

In June 2013, 34 RCNY § 2-11(f)(2) of the Highway Rules was amended to require all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number.  The purpose of this amendment was to clarify that a confirmation number is required for all such permits on protected streets regardless of whether a permittee engages in a backfill.  As an unintended consequence of the rule change, permittees who fail to obtain a confirmation number but whose work does not involve a backfill or impact the roadway currently receive the same penalty as permittees who fail to obtain a confirmation number before performing a backfill in the roadway.  Therefore, ECB has reduced the penalty for failing to obtain a confirmation number for a street opening permit on a protected street, where the permittee is not engaging in backfill, from $750 to $250 with a default penalty of $750.

 

New Code Request for 34 RCNY § 2-11(f)(4)(i).  Failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

When a permittee conducts a backfill without a confirmation number, it impacts DOT’s ability to conduct appropriate oversight of the construction activity taking place. Therefore, this charge imposes a penalty if a permittee fails to obtain such confirmation number at least two hours prior to the scheduled start time for the backfill, except as otherwise authorized by the Commissioner.  The new charge, “Failing to obtain a confirmation number on a protected street two hours prior to the commencement of a backfill,” carries a penalty of $750 with a default penalty of $2,250.

 

Effective Date: 
Sun, 03/08/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 29, 2014
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Environmental Control Board (“ECB”) proposes amendments to the Department of Transportation (DOT) penalty schedule, codified in Section 3-124 of Title 48 of the Rules of the City of New York.  In an effort to support Mayor de Blasio’s Small Business First initiative and set penalties that are reasonable in relation to the violations cited, DOT has requested that ECB:

·       lower the penalty for failure to obtain a confirmation number for a street opening permit on a protected street, and

·       add a separate penalty for failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

This amendment and the additional charge will clarify the difference between a respondent’s failure to notify the department prior to commencing a backfill on a protected street versus a respondent’s failure to obtain a confirmation number for any street opening permit on a protected street. They will also ensure that the penalty is proportionate to the violating condition cited, and will promote consistency within DOT’s fine structure by setting similar penalties for similar offenses.

 

Fine Decrease for 34 RCNY § 2-11(f)(2)(ii).  Failure to obtain a confirmation number for a street opening permit on a protected street.

 

In June 2013, 34 RCNY § 2-11(f)(2) of the Highway Rules was amended to require all permittees who have obtained a street opening permit on a protected street to also obtain a confirmation number.  The purpose of this amendment was to clarify that a confirmation number is required for all such permits on protected streets regardless of whether a permittee engages in a backfill.  As an unintended consequence of the rule change, permittees who fail to obtain a confirmation number but whose work does not involve a backfill or impact the roadway currently receive the same penalty as permittees who fail to obtain a confirmation number before performing a backfill in the roadway.  Therefore, ECB proposes that the penalty for failing to obtain a confirmation number for a street opening permit on a protected street, where the permittee is not engaging in backfill, be reduced from $750 to $250 with a default penalty of $750.

 

New Code Request for 34 RCNY § 2-11(f)(4)(i).  Failure to obtain a confirmation number two hours prior to the commencement of a backfill on a protected street.

 

When a permittee conducts a backfill without a confirmation number, it impacts DOT’s ability to conduct appropriate oversight of the construction activity taking place. Therefore, this charge imposes a penalty if a permittee fails to obtain such confirmation number at least two hours prior to the scheduled start time for the backfill, except as otherwise authorized by the Commissioner.  The new charge, “Failing to obtain a confirmation number on a protected street two hours prior to the commencement of a backfill,” carries a penalty of $750 with a default penalty of $2,250.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
Brooklyn, NY 10038
Contact: 

Elizabeth Nolan-Marino at (212) 436-0708 and Jim Macron at (212) 436-0302

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 16, 2013 regarding amendments to ECB’s New York City Department of Transportation (DOT)’s penalty schedule, found in Section 3124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). A representative from the Department of Transportation attended the Public Hearing. Neither written comments nor oral testimony were presented at the August 16, 2013 Public Hearing concerning the Proposed Rule.

 

The Final Rule updates the section of law references associated with five DOT violations, and the descriptions of two DOT violations. These amendments will promote consistency and provide clarity by conforming violation sections and descriptions with the language in the applicable laws. They will also more accurately reflect the condition observed by an inspector issuing a violation, thus helping the respondent and the Administrative Law Judge by giving a description of the existing violation which mirrors the applicable law.

 

Failure to properly equip commercial bicycles

For failures to properly equip commercial bicycles, the current penalty schedule refers only to Administrative Code Section 10157(f). This reference does not capture all the requirements for equipping commercial bicycles and bicycle operators found in the Administrative Code at Section 10157.

 

The rule has amended the section of law references associated with the first and subsequent offenses for “Failure to properly equip bicycle used on behalf of a business using a bicycle for commercial purposes,” from Section 10157(f) to Section 10157. The change will allow the issuing officer to enforce all applicable provisions of the section related to bicycles used for commercial purposes.

 

Failure to replace distinctive sidewalk in kind

The rule has amended the reference to the section of law for “Failure to replace distinctive sidewalk in kind” from Section 209(f)(4)(xvi)(A) to Section 209(f)(4)(xvi)(C) of the RCNY. The reference to Section 209(f)(4)(xvi)(C) of the RCNY better describes DOT’s prescribed method for repairing a distinctive sidewalk. This section states that the distinctive sidewalk must be repaired in kind or replaced in its entirety with concrete.

 

 

Failure to obtain a confirmation number prior to expiration of a street opening permit (protected street)

The penalty schedule currently describes Section 211(f)(4)(i) of the RCNY as “No notice to DOT before start phase of work on protected street.” DOT amended Section 211(f) to clarify that a permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number. The DOT amendment also provides guidance for obtaining the confirmation number.

 

The current description is outdated and could lead a permittee to erroneously believe that a confirmation number, which provides notice to DOT, is only required when work is performed on a protected street. The rule has updated the reference to Section 211(f)(2)(ii) of Chapter 34 of the RCNY and the description to “Failure to obtain a confirmation number prior to expiration of street opening permit (protected street).”

 

Failure to conform with the latest Standard Details 1042A, 1042B, or 1042C (concrete roadways)

The rule has amended the description “Failure to conform with the latest version of DOT Standard Details 1042A, 1042B, or 1042C” to add “(concrete roadways),” and has amended the section of law reference from Section 211(e)(13) to Section 211(e)(13)(vi) of the RCNY. These changes clarify that the violation applies to concrete roadways, and indicate the exact subparagraph that will be charged when a violation is issued.

 

 

Effective Date: 
Tue, 11/12/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 16, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The Environmental Control Board (ECB) is proposing to amend the New York City Department of Transportation (DOT)’s penalty schedule, found in Section 3124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The proposed rule updates the section of law references associated with five DOT violations, and the descriptions of two DOT violations. These amendments will promote consistency and provide clarity by conforming violation sections and descriptions with the language in the applicable laws. They will also more accurately reflect the condition observed by an inspector issuing a violation, thus helping the respondent and the Administrative Law Judge by giving a description of the existing violation which mirrors the applicable law.

 

Failure to properly equip commercial bicycles

For failures to properly equip commercial bicycles, the current penalty schedule refers only to Administrative Code Section 10157(f). This reference does not capture all the requirements for equipping commercial bicycles and bicycle operators found in the Administrative Code at Section 10157.

 

The proposed rule amends the section of law references associated with the first and subsequent offenses for “Failure to properly equip bicycle used on behalf of a business using a bicycle for commercial purposes,” from Section 10157(f) to Section 10157. This change will allow the issuing officer to enforce all applicable provisions of the section related to bicycles used for commercial purposes.

 

Failure to replace distinctive sidewalk in kind

The proposed rule amends the reference to the section of law for “Failure to replace distinctive sidewalk in kind” from Section 209(f)(4)(xvi)(A) to Section 209(f)(4)(xvi)(C) of the RCNY. The reference to Section 209(f)(4)(xvi)(C) of the RCNY better describes DOT’s prescribed method for repairing a distinctive sidewalk. This section states that the distinctive sidewalk must be repaired in kind or replaced in its entirety with concrete.

 

Failure to obtain ac onfirmation number prior to expiration of a street opening permit (protected street)

The penalty schedule currently describes Section 211(f)(4)(i) of the RCNY as “No notice to DOT before start phase of work on protected street.” DOT recently amended Section 211(f) to clarify that a permittee who has obtained a street opening permit on a protected street must also obtain a confirmation number. The DOT amendment also provides guidance for obtaining the confirmation number.

 

The current description is outdated and could lead a permittee to erroneously believe that a confirmation number, which provides notice to DOT, is only required when work is performed on a protected street. The proposed rule updates the reference to Section 211(f)(2)(ii) of Chapter 34 of the RCNY and the description to “Failure to obtain a confirmation number prior to expiration of street opening permit (protected street).”

 

Failure to conform with the latest Standard Details1 042A, 1042B, or 1042C (concrete roadways)

The proposed rule amends the description “Failure to conform with the latest version of DOT Standard Details 1042A, 1042B, or 1042C” to add “(concrete roadways),” and amends the section of law reference from Section 211(e)(13) to Section 211(e)(13)(vi) of the RCNY. These changes clarify that the violation applies to concrete roadways, and indicate the exact subparagraph that will be charged when a violation is issued.

 

 

Subject: 

Opportunity to comment on proposed rule regarding amendments to the Department of Transportation (DOT) Penalty Schedule for offenses adjudicated by the Environmental Control Board (ECB)

Location: 
Environmental Control Board
66 John Street 10th Floor, Conference Room
New York, NY 10038
Contact: 

James Macron
Counsel to the Board
Environmental Control Board
66 John Street, 10th Floor
New York, N.Y. 10038
(212) 436‐0594