Amendment of Stormwater Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Wednesday, January 8, 2020
Agency:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Final Rule

DEP is adopting a rule to amend the City’s Stormwater Penalty Schedule in Chapter 55 of Title 15 of the Rules of the City of New York to establish that stipulations will be available for summonses issued for violations of the Stormwater Rules

The Stormwater Penalty Schedule (Title 15, Chapter 55 of the Rules of the City of New York) became effective on June 1, 2019. The Stormwater Penalty Schedule establishes penalties for violations of Title 15, Chapter 19.1 of the Rules of the City of New York (the “Stormwater Rules”, which also became effective on June 1, 2019).

Since the Stormwater Penalty Schedule went into effect, DEP has decided that the Schedule should be clarified to establish that violations of the Stormwater Rules may be settled by stipulation – meaning admission of the violation and agreement to pay a penalty. The final rule defines the term “stipulation” and establishes civil penalties to be imposed for stipulations.

A public hearing regarding the rule was held on November 6, 2019. No public comments were received regarding the rule.

The final rule is authorized by section 1043 of the Charter of the City of New York and Title 5-A of the Administrative Code.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Chapter 5-A of Title 24 of the Administrative Code.