Promulgation of Right to Know Penalty Schedule

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 16, 2019
Download Copy of Proposed Rule (.pdf): 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Protection (DEP) DEP is adopting a new rule, adding a new Chapter 54 of Title 15 of the Rules of the City of New York (RCNY), to govern the siting and storage of hazardous substances stored in portable containers. The proposed rule is authorized by section 1043 of the Charter of the City of New York and section 24-716(b) of the Administrative Code.
The addition of this new rule requires a change to the existing Community Right-to-Know Penalty Schedule, in order to add penalties for 15 RCNY section 41-14 as specified in section 24-713(d) of the Administrative Code.
The current Community Right-to-Know Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-104, will be repealed by OATH on the same day that this proposed rule takes effect.
The penalty schedule will be moved from OATH Environmental Control Board (ECB) to DEP’s rules. Although OATH Environmental Control Board (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 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of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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 §3-104 was identified as meeting the criteria for this initiative.
DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-713 of the New York City Administrative Code.

Public Hearing
Subject: 

Promulgation of Right to Know Penalty Schedule

Public Hearing Date: 
Wednesday, January 16, 2019 - 11:00am
Contact: 

No contact

Location: 
DEP 19th Floor Fishbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flsuhing, NY 11373