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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

On January 6, 2019, DEP amended its asbestos rules, which are found at Title 15, Chapter 1 of the Rules of the City of New York (RCNY). After DEP promulgated these rules, companies engaged in asbestos abatement requested several minor clarifications as follows:

• Clarify section 1-29 by specifying that only air monitoring technicians need to have their license at the work place, not all individuals;
• Clarify the requirements of section 1-36(b) as to how many air sampling technicians need to be present during sampling;
• Clarify that the requirements of section 1-42(a) regarding the placement of air samples apply to all asbestos projects, not only those that are conducted indoors;
• Change the requirements for lettering on notices to be posted under sections 1-81(a) and 1-125(a), as contractors advised that the required font sizes were impractical.

In addition, it was noted that the new Air Asbestos Penalty Schedule, found at Title 53 of Chapter 1 of the RCNY, which also became effective on January 6, 2019, had failed to carry over certain sections from the penalty schedule which had previously been located in the rules of the Office of Administrative Trials and Hearings.

Finally, the rule divides the penalty schedule into three subdivisions (specifically, the RCNY, the New York State Industrial Code, and the New York City Administrative Code). No substantive change is intended with respect to the amendments made by sections six and nine of the rule other than the addition of a penalty for a violation of Administrative Code § 24-1002.

The only public comments received were from the Asbestos Workers Union (Local 78), which opposed the change concerning the number of air sampling technicians and the change in font size for required notices. After assessing the comments, DEP has decided that the changes are justified.

After the public hearing was held, it was noted that the Air Asbestos Penalty Schedule contains an outdated statutory reference regarding violations for resuming work in violation of stop-work orders. The outdated reference is corrected in the final rule.

The rule is authorized by section 1043 of the Charter of the City of New York and sections 24-105 and 24-136 of the Administrative Code.

Effective Date: 
Fri, 09/20/2019

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Wednesday, September 11, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Department of Environmental Protection (“DEP” or “Department”) proposes to amend its rules governing the use of the public sewers (Title 15, chapter 19 of the Rules of the City of New York (“RCNY”)) to clarify language, update references to national standards and local codes, and to reflect changes in technology and practice related to the use of the public sewers.

The proposed amendments would make Chapter 19 clearer and more detailed and comprehensive, in order to make it easier for the regulated community to determine what needs to be done to attain compliance. In addition, the proposed amendments would provide the City with adequate legal authority to prohibit illicit discharges as required by the City’s Municipal Separate Storm Sewer System (MS4) permit, which was issued by the New York State Department of Environmental Conservation (DEC) on August 1, 2015 pursuant to the federal Clean Water Act. The MS4 permit requires the City to develop and implement measures to reduce pollution in stormwater runoff, and significantly expands the City’s previous obligations to reduce pollutants discharging to the MS4 areas. Numerous City agencies have significant responsibilities under the MS4 permit. The Department is responsible for coordinating the interagency efforts to meet the City’s MS4 permit requirements.

The proposed amendments to §19-01 Definitions would:

- Add the New York City Plumbing Code (hereinafter the “Plumbing Code”) definitions for “automatic grease removal device” and “grease interceptor” because the Plumbing Code distinguishes between the two. Currently Chapter 19 only refers to the sizing requirements for “grease interceptors” without addressing “automatic grease removal devices,” which are becoming increasingly common.
- Make Chapter 19 more consistent with the Plumbing Code in definitions and terminology by amending or adding definitions for “building drain,” “building drainage system,” “building sewer,” “clear water waste,” “combined sewer,” “groundwater,” and “potable water.”
- Add a definition for “bypass” from 40 CFR 122.41(m)(1)(i) and from the Industrial Wastewater Discharge permits issued by DEP.
- Delete the definition of “direct discharge.”
- Clarify the definition of “discharge” by describing a discharge as not only the release or introduction of a substance to the public sewer but also the “placement” of a substance therein.
- Clarify the definition of “effluent” by limiting it to combined or sanitary sewers because as used in this chapter the term cannot refer to discharges to the MS4.
- Add a definition for “food waste disposer.” Also, the proposed amendments specify in §19-03(b) that food waste disposers are permitted only within dwelling units, as it does in Plumbing Code § 413.1 and Administrative Code § 24-518.1(b).
- Add a definition for “grease retention capacity” to clarify a currently undefined term which is used in Chapter 19.
- Change “extraction solvent” to “extractant” in the definition of “non-polar material” and “oil and grease” in case the Environmental Protection Administration prescribes an extractant that is not a solvent.
- Clarify the definition of “pre-treatment” to specify discharges to a sanitary or combined sewer.
- Add a definition for “reduced pressure zone device” from 15 RCNY §20-10 because the term is used in the definition of “clear water waste.”
- Amend the definition of “sewer” to include conveyance of storm water.
- Clarify the definition of “sewer surcharge” to specify discharges to a sanitary or combined sewer.
- Clarify the definition of “shredded garbage” to specify conditions in a sanitary or combined sewer.
- Change “water pollution control plant” to “wastewater treatment plant” because the latter is the term that is currently used by DEP in all of its literature.
- Clarify the definition of “wastewater,” by adding “contaminated stormwater runoff” and “any liquid that is conveyed by means of a pump or a hose” so that it is understood that these are also considered wastewater.
- Add a definition for “yellow grease,” because of proposed new paragraphs (1) and (2) of subdivision (v) of section 19-11 related to yellow grease.
- Add definitions for “gravity grease interceptor” and “hydromechanical grease interceptor” in order to add sizing requirements for gravity grease interceptors while clarifying that the existing sizing requirements apply to hydromechanical grease interceptors.
- Add a definition for “green infrastructure” and include it in the definition of “sewerage system” in order to ban the discharge of prohibited substances into such infrastructure, and protect such infrastructure from damage.

The proposed amendments to §19-02 Disposal of Wastewater, Stormwater and Groundwater clarify the rules to better describe the existing process for obtaining permits for such discharges. The proposed changes also include a new self-certification process for discharges of 10,000 gallons per day or less to avoid a lengthy review for such discharges if a licensed New York State Professional Engineer certifies that the discharge is in compliance with the Department’s pollutant limits. This is consistent with the spirit of the current regulatory language which does not require a permit for such discharges.

Regarding unauthorized connections to the sewer system, the proposed amendments clarify that the owner of the property with the unauthorized connection is liable for correcting the violation, and for all related expenses. Additionally, the proposed amendments state that DEP could choose to do the necessary work where circumstances may warrant, the expenses for which shall become due and payable by the property owner and constitute a lien upon the property. These powers are an important option for DEP in circumstances where it deems it preferable to do the work than to terminate water and sewer service. Examples of such circumstances are where there are particularly vulnerable individuals living on the premises, such as children, the elderly, or people with a health condition.

Also, the proposed amendments specify that groundwater discharge permits and/or letters of approval are for the “temporary” discharge of groundwater. This is meant to deter groundwater dischargers from continuing to tax the capacity of the sewer by the continuous renewal of permits and letters of approval to discharge groundwater rather than implementing a permanent engineering solution to a groundwater infiltration problem.

The proposed amendments to §19-03 Materials and Substances Excluded from Public Sewers clarify the section and add more harmful substances to the list of substances that are excluded from the public sewer. In addition, the proposed amendments replace certain references to “public sewer” with “combined or sanitary sewer” to clarify that the section is applicable only to combined and sanitary sewers. The term “public sewer” is retained in portions of this section that are applicable to combined, sanitary and storm sewers.

The proposed amendments to §19-04 Toxic Substances Accepted Conditionally, help to ensure that pretreatment systems are not just installed but installed correctly, and to prohibit the bypassing of such systems. In addition, the proposed amendments replace references to “public sewer” with “combined or sanitary sewer” to clarify that this section is applicable only to combined and sanitary sewers.

The proposed amendments to §19-05 Permit for Industrial Wastewater Discharge, §19-06 Removal, Transportation and Disposition of Scavenger Wastes, §19-07 Best Management Practices Plans (BMPPs) for Persons Discharging Total Silver Halide Process Wastewater to the Public Sewer System, §19-10 General Provisions, and §19-12 Best Management Practices for Perchloroethylene Discharges to the Public Sewer System from Dry Cleaning Facilities clarify the rules consistent with what is needed based on the experience of DEP inspectors, and other enforcement personnel. In addition, the proposed amendments replace certain references to “public sewer” with “combined or sanitary sewer” to clarify that portions of these sections are applicable only to combined and sanitary sewers. The term “public sewer” is retained in portions of this section that are applicable to combined, sanitary and storm sewers.

The proposed amendments to §19-11 Best Management Practices (BMPs) for Non-Residential Direct and Indirect Dischargers of Grease to the Public Sewer System, are numerous and represent the first major overhaul of the “grease regulations” since 1998. They reflect 17 years of accumulated experience on the part of DEP’s inspectors and their purpose is to clarify the requirements, be more comprehensive, and provide greater enforcement tools to inspectors in fulfilling their duties to bring non-residential dischargers of grease into compliance.

In addition, some of the proposed changes would:

- Specify more fixtures that must be connected to a grease interceptor to avoid confusion by the regulated community.
- Specify more types of establishments that are covered by the BMPs to avoid confusion.
- Allow for compliance through the installation of automatic grease removal devices instead of just grease interceptors. This will conform to the Plumbing Code, which distinguishes between the two types of devices, and accomodate the increasing use of automatic grease removal devices.
- Require that the design, construction, and installation of grease interceptors and automatic grease removal devices not hinder the ability of inspectors to perform a dye test for the purpose of ascertaining connections to waste lines.
- Require that grease interceptors and automatic grease removal devices have a tamper proof distinguishing feature that will allow an inspector to determine what model the device or interceptor is, even when installed below grade.
- Add a minimum flow rate in gallons per minute to the minimum grease retention capacity in pounds in Tables I and II because automatic grease removal devices are rated by flow rate rather than grease retention capacity. Also, amendments to section 19-11(e) would require that the grease retention capacity in pounds for grease interceptors be at least twice the numerical flow rate in gallons per minute, because some grease interceptor manufacturers make interceptors which have retention capacities that are greater than twice the flow rate. Therefore, sizing only by minimum grease retention capacity could result in a grease interceptor being installed that cannot handle the flow from the fixtures it is tributary to.
- Replace the old method of calculating aggregate volume for the fixtures in Tables I and II with a more accurate method.
- Add detailed criteria for determining the sizing of grease interceptors and automatic grease removal devices tributary to automatic dishwashers, combination ovens, floor drains, woks, and automatic hood wash units.
- Add the 25% rule for maintenance of grease interceptors and automatic grease removal devices. The rule requires that all the fat, oil, grease, and solids be removed before 25% of the interceptor or device’s total liquid depth is exceeded. The 25% rule is an industry standard and is used by many municipalities across the country.
- Add sizing requirements for gravity grease interceptors. Since gravity grease interceptors are sized by storage capacity in gallons, rather than flow rate and grease retention capacity in pounds, they cannot be sized by the existing requirements which specify the required flow rate and grease retention capacity. Only hydromechanical grease interceptors are sized by flow rate and grease retention capacity in pounds. Therefore, for gravity grease interceptors, a means of converting the existing requirements into a minimum storage capacity in gallons has been inserted; i.e. the minimum required flow rate shall be multiplied by 3. The resulting number shall represent the minimum storage capacity in gallons if a gravity grease interceptor is installed. To arrive at this conversion, DEP looked at various hydromechanical grease interceptors and divided their total liquid volume to the static water level in cubic inches by 231 to derive the volume in US gallons. The resulting volumes were on average between 2 and 3 times the flow rate, which is why DEP is using 3 multiplied by the flow rate to determine what a comparable storage volume in gallons would be for gravity grease interceptors.
- Add more detailed sizing criteria for floor drains.
- Prohibit the use of emulsifiers, enzymes, chemicals, microbial agents, or other additives in grease interceptors or automatic grease removal devices because many of them send grease downstream creating the appearance of a well maintained device, while the grease reaches the sewer by mixing in with the wastewater. Some additives do not do anything to the grease while creating a disincentive for proper maintenance when the owner of the establishment thinks all that is needed is to use the additive without the need to clean out the unit.
- Require yellow grease (waste cooking oil) to be disposed of only through collection by carters licensed by the New York City Business Integrity Commission. This will help to prevent yellow grease from being discharged down the drain.
- Add a definition for “green infrastructure” and also include it in the definition of “sewerage system.” By doing so, damage to the green infrastructure is prohibited under 15 RCNY 19-10(b)(2), which prohibits damage to the sewerage system.
- Add green infrastructure to the ban against discharge of prohibited substances in 15 RCNY 19-03(a)(1) and 15 RCNY 19-02(e).
- Add wipes and other personal care products to the list of substances prohibited from being discharged to the public sewer in 15 RCNY 19-03(a)(1).
- Add a prohibition against discharging antifreeze to the public sewer.
- Add a prohibition against discharging hazardous waste pharmaceuticals to the public sewer in accordance with the new prohibition against the “sewering” of hazardous waste pharmaceuticals in 40 CFR 266.505. The DEP prohibition is stricter than the federal prohibition in that the former would only exempt such small quantities as may be present in normal household wastes, whereas the latter only apply to healthcare facilities and reverse distributors.

The proposed amendments also include minor plain language revisions.

Subject: 

Public Sewer Use Rules Revision Rule.

Location: 
NYC Department of Environmental Protection
59-17 Junction Blvd. 19 Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Wednesday, September 11, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Protection (DEP) is proposing a new Chapter 59 to amend Title 15 of the Rules of the City of New York (RCNY) that would establish a penalty schedule for violations of sections 24-601 et seq. of the Administrative Code. The proposed 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 proposed rule takes effect.

The penalty schedule will be 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 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 § 3-111 was identified as meeting the criteria for this initiative.

Subject: 

Hazardous Substances Emergency Response Penalty Schedule Proposed Rule.

Location: 
NYC Department of Environmental Protection
59-17 Junction Blvd. 19 Floor Fishbowl Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Tuesday, September 10, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing to repeal its Hazardous Substances Emergency Response Law (Hazardous Materials) Penalty Schedule. This rule is currently found in Section 3-111 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).  It contains penalties for violations of Chapter 6 of Title 24 of the Administrative Code.  DEP is proposing the adoption of substantially all of OATH’s Hazardous Materials Penalty Schedule into a new Chapter 59 of Title 15 of the RCNY. 

OATH ECB is currently in the process of repealing all penalty schedules in its rules, codified in Subchapter G of Chapter 3 of Title 48 of the RCNY, with the intent that the penalty schedules be incorporated into the rules of the applicable agencies. This is being done because it is the agencies, not OATH ECB, that possess the rule- and policy-making authority over the laws which underlie the violations detailed in the penalty schedules. In addition, such repeals will serve OATH’s core function as an adjudicatory body, as well as help to alleviate any false public perceptions that OATH is an enforcement agency, rather than a neutral arbiter.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has, until now, promulgated penalty schedules, the City’s regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of their own rules and laws, based on the severity of each violation and its effect on City residents.  The shifting of penalty schedules from OATH ECB to the rules of the enforcement agency will also make it easier for the public to find these penalties, as they will be located within the same chapter as the agency rules that support the violations alleged in their summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB to approve proposed or amended penalties for agency rules that have already been adopted by the City legislature and/or completed the steps required by the City Administrative Procedure Act (CAPA), during which the public still has the opportunity to comment on proposed penalties.

Working with the City’s rulemaking agencies, the NYC Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective review of the City’s existing rules, identifying those rules that could be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to increase public understanding and compliance. OATH’s proposed rule repeal was identified as meeting the criteria for this initiative.

 

Subject: 

Proposed Repeal of OATH Hazardous Materials Penalty Schedule

Location: 
Office of Administrative Trials and Hearings, 10th Floor Conference Room
66 John Street
New York, NY 10038
Contact: 

Nicholas Dietz
212-933-3005
NDietz@oath.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Section 1403(a) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “charge and control of: [a]ll structures and property connected with the supply and distribution of water for public use not owned by private corporations,” and authorizes the Commissioner to make and enforce rules and regulations “governing and restricting the use and supply of water.” Section 24-302 of the Administrative Code of the City of New York directs the Commissioner to “maintain, preserve and repair all structures and all other property connected with the water supply.” Section 3304.3.3 of the New York City building code requires notification to the New York City Department of Environmental Protection prior to commencement of any proposed soil or foundation work, for any purpose, to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan. Section 24-367 of the Administrative Code requires approval by and a permit from the New York City Department of Environmental Protection for any such work that the Department determines is in close proximity to its critical infrastructure.

These rules accomplish these purposes and enable the Commissioner to protect New York City’s water supply infrastructure by adding a new Chapter 57 to Title 15 of the Rules of the City of New York. Chapter 57 sets forth uniform standards to govern the permitting of drilling and excavation operations in close proximity to the Department’s and Water Board’s water tunnels and shafts in the five boroughs of New York City. The rules protect the tunnels and shafts from potential damage due to drilling and excavation by putting in place a formal process through which the Commissioner reviews all proposed drilling and excavation work and ensures that there is no such work done in close proximity to critical infrastructure. The rules establish a permitting process for drilling and excavation, standards for such operations, insurance requirements, conditions under which the Commissioner may approve a variance, and penalties for non-compliance with the rules and permit conditions. The rules do not apply outside the five boroughs of New York City.

Effective Date: 
Mon, 07/22/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 22, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On January 6, 2019, DEP amended its asbestos rules, which are found at Title 15, Chapter 1 of the Rules of the City of New York (RCNY). After DEP promulgated these rules, companies engaged in asbestos abatement requested several minor clarifications. In response, DEP is proposing to revise the rules as follows:

• Clarify section 1-29 by specifying that only air monitoring technicians need to have their license at the work place, not all individuals;
• Clarify the requirements of section 1-36(b) as to how many air sampling technicians need to be present during sampling;
• Clarify that the requirements of section 1-42(a) regarding the placement of air samples apply to all asbestos projects, not only those that are conducted indoors;
• Change the requirements for lettering on notices to be posted under sections 1-81(a) and 1-125(a), as contractors advised that the required font sizes were impractical.

In addition, it was noted that the new Air Asbestos Penalty Schedule, found at Title 53 of Chapter 1 of the RCNY, which also became effective on January 6, 2019, had failed to carry over certain sections from the penalty schedule which had previously been located in the rules of the Office of Administrative Trials and Hearings. Accordingly, DEP proposes to amend the penalty schedule to correct those omissions.

Finally, the proposed rule divides the penalty schedule into three subdivisions (specifically, the RCNY, the New York State Industrial Code, and the New York City Administrative Code). No substantive change is intended with respect to the amendments made by sections six and nine of the proposal other than the addition of a penalty for a violation of Administrative Code § 24-1002.

Subject: 

DEP hearing- Amendment of Asbestos Rules and Air Asbestos Penalty Schedule.

Location: 
DEP 8th Floor Hearing
59-17 Junction Blvd 8th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The New York City Department of Environmental Protection (“NYCDEP”) amends its Rules for the Recreational Use of Water Supply Lands and Waters (“Rules”). There are currently 112,993 Access Permit holders and 13,081 Boat Tag holders. In 2017, NYCDEP held several recreation-related events in which almost 800 people attended.

These Rule changes will increase recreational opportunities on City Property, as defined in these Rules, provide greater flexibility for NYCDEP to manage boats stored on reservoirs, and make the Rules clearer and easier to read and follow. These Rules provide a wide range of recreational opportunities, including fishing, boating, hunting, trapping and hiking. Recreational opportunities improve the quality of life of nearby residents by providing several additional leisure activities, and by expanding access to outdoor physical activities that improve health and fitness. Many of the changes in these Rules are in response to comments and feedback received from users of the City Property.

Examples of changes beneficial to users include:
• Expansion of the recreation season,
• Extension of the time that Fishing Boat Tags are valid,
• Acceptance of the IDNYC as valid identification, and
• Allowing the use of service dogs.

Effective Date: 
Sun, 06/30/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 5, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On January 6, 2019, DEP amended its asbestos rules, which are found at Title 15, Chapter 1 of the Rules of the City of New York (RCNY). After DEP promulgated these rules, companies engaged in asbestos abatement requested several minor clarifications. In response, DEP is proposing to revise the rules as follows:

• Clarify section 1-29 by specifying that only air monitoring technicians need to have their license at the work place, not all individuals;
• Clarify the requirements of section 1-36(b) as to how many air sampling technicians need to be present during sampling;
• Clarify that the requirements of section 1-42(a) regarding the placement of air samples apply to all asbestos projects, not only those that are conducted indoors;
• Change the requirements for lettering on notices to be posted under sections 1-81(a) and 1-125(a), as contractors advised that the required font sizes were impractical.

In addition, it was noted that the new Air Asbestos Penalty Schedule, found at Title 53 of Chapter 1 of the RCNY, which also became effective on January 6, 2019, had failed to carry over certain sections from the penalty schedule which had previously been located in the rules of the Office of Administrative Trials and Hearings. Accordingly, DEP proposes to amend the penalty schedule to correct those omissions.

Finally, the proposed rule divides the penalty schedule into three subdivisions (specifically, the RCNY, the New York State Industrial Code, and the New York City Administrative Code). No substantive change is intended with respect to the amendments made by sections six and nine of the propose other than the addition of a penalty for a violation of Administrative Code § 24-1002.

Consistent with the above, DEP proposes to promulgate the following amendments, to be found at 15 RCNY Chapter 1 and 53.

The rule is authorized by section 1043 of the Charter and sections 24-105 and 24-136 of the Administrative Code.

Subject: 

DEP HEARING CONCERNING CORRECTIONS TO THE ASBESTOS PENALTY SCHEDULE

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter. Effective June 1, 2019, OATH ECB repeals its Sewer Control Penalty Schedule rule, found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on August 31, 2018, and a public hearing was held on October 3, 2018. 

No one attended or testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Sewer Control Penalty Schedule rule. This schedule is found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Sewer Control Penalty Schedule contains penalties for summonses issued by the Department of Environmental Protection (DEP) for violations of Chapter 5 of Title 24 of the Administrative Code of the City of New York and Chapter 19 of Title 15 of the RCNY. This penalty schedule provides penalties for violations relating to the construction and regulation of public sewers, including unauthorized discharge into public sewers. DEP is promulgating a related rule adding a similar Sewer Control Penalty Schedule to its rules with an effective date of June 1, 2019.

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 violation 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 the enforcement agency’s rules will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the rule repeal 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 could 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. This rule repeal was identified as meeting the criteria for this initiative.

Section 1. The Sewer Control Penalty Schedule rule, found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED effective June 1, 2019.

 

Effective Date: 
Sat, 06/01/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 1, 2019
Proposed Rules Content: 

Statement of Basis and Purpose

Section 1403(a) of the Charter of the City of New York provides that the Commissioner of Environmental Protection (“Commissioner”) has “charge and control of: all structures and property connected with the supply and distribution of water for public use not owned by private corporations,” and authorizes the Commissioner to make and enforce rules and regulations “governing and restricting the use and supply of water.” Section 24-302 of the Administrative Code of the City of New York directs the Commissioner to “maintain, preserve and repair all structures and all other property connected with the water supply.” Section 3304.3.3 of the New York City building code requires notification to the New York City Department of Environmental Protection prior to commencement of any proposed soil or foundation work, for any purpose, to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan. Section 24-367 of the Administrative Code requires approval by and a permit from the New York City Department of Environmental Protection for any such work that the Department determines is in close proximity to its critical infrastructure.

The proposed rules accomplish these purposes and enable the Commissioner to protect New York City’s water supply infrastructure by adding a new Chapter 57 to Title 15 of the Rules of the City of New York. Chapter 57 will set forth uniform standards to govern the permitting of drilling and excavation operations in close proximity to the Department’s and Water Board’s water tunnels and shafts in the five boroughs of New York City. The rules will protect the tunnels and shafts from potential damage due to drilling and excavation by putting in place a formal process through which the Commissioner will review all proposed drilling and excavation work and ensure that there is no such work done in close proximity to critical infrastructure. The rules establish a permitting process for drilling and excavation, standards for such operations, insurance requirements, conditions under which the Commissioner may approve a variance, and penalties for non-compliance with the rules and permit conditions. The rules do not apply outside the five boroughs of New York City.

Subject: 

DEP Drilling and Excavation Proposed Rule

Location: 
DEP 13th Floor Conference Room
59-17 Junction Blvd. 13 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Pages