Hazardous Substance Emergency Response Penalty Schedule

Adopted Rules: Closed to Comments

Effective Date: 
Friday, November 29, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Final Rule

DEP is adopting a new Chapter 59 to amend Title 15 of the Rules of the City of New York (RCNY) to establish a penalty schedule for violations of sections 24-601 et seq. of the Administrative Code. This final rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-610(c) and 24-611 of the Administrative Code.

The current Hazardous Substances Emergency Response Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-111, will be repealed by OATH on the same day that this final rule takes effect.

The penalty schedule is being moved from OATH Environmental Control Board (ECB) to DEP’s rules. Although OATH ECB is empowered to impose penalties under the New York 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.

Finally, the 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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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 repeal of 48 RCNY § 3-111 was identified as meeting the criteria for this initiative.

A public hearing regarding the final rule was held on September 11, 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 sections 24-610(c) and 24-611 of the Administrative Code.