ECB's Department of Transportation Penalty Schedule

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Monday, June 3, 2013
Download Copy of Adopted Rule (.pdf): 

 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (“ECB”) held a Public Hearing on March 25, 2013 regarding fine increases to four charges contained in ECB’s 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. A representative from the Department of Transportation attended the Public Hearing. Neither written comments nor oral testimony were presented at the March 25, 2013 Public Hearing concerning the Proposed Rule.

 

The existing fine structure for these charges is extremely low or inconsistent with similar charges within the fine structure. For this reason, there is little incentive for contractors or others to comply with the city’s laws and rules.

 

In addition, the penalties associated with these charges have remained unchanged since their creation. In some instances, the penalty for the violating condition is less than the expense of compliance. To serve as an effective deterrent, the fine structure must be greater than the cost of doing business.

 

For each of these charges, before issuing a violation, DOT will issue either a Commissioner’s Order to correct or a Corrective Action Request giving the responsible party 30 days to correct the violating condition. The penalties are within the statutory limits set forth in section 19-150 of the New York City Administrative Code.