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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, October 22, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York to establish a new penalty for certain violations of Subdivision (b) of Section 24-154 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Subdivision (a) of such Section defines the term “covered building” to mean “a building that (i) contains ten or more dwelling units or (ii) is located on a zoning lot that contains 25,000 or more square feet of non-residential floor area[,]” and defines the term “covered person” to mean, “with respect to a building, a person who is an owner of such building, a managing agent of such building or an employee of such owner or agent.” This Subdivision (a) also defined “project” to mean the “mold remediation, mold assessment or mold abatement, of areas greater than ten square feet, but does not include full demolition of vacant buildings[.]” Paragraph (1) of Subdivision (b) of such Section provides that, for a covered building, covered persons are prohibited from performing mold assessment, abatement or remediation for a project. Paragraph (2) of Subsection (b) provides that mold assessment, abatement or remediation for a project must be performed by persons licensed to perform such work pursuant to Article 32 of the New York State Labor Law. Subdivision (d) of such Section of the Administrative Code authorizes the City to establish penalties for failing to comply with the provisions of that Section.

On March 25, 2019, pursuant to the authority provided in subdivision (f) of such Section, the Mayor authorized DEP and the City’s Department of Housing Preservation and Development to enforce the relevant provisions of Local Law 61 of 2018.

This amendment to the Air Code would subject owners of covered buildings to monetary penalties where mold assessment, abatement or remediation for a project involving a covered building is self-performed by a covered person or performed by a person not properly licensed pursuant to Article 32 of the New York State Labor Law.

DEP proposes to establish the following penalties for such violations of Subdivision (b) of Section 24-154: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, a penalty of $2400. These monetary penalties will incentivize building owners to cause only property licensed persons to perform mold assessment, abatement or remediation work and deter building owners from performing such work in a manner that could threaten public health.

Subject: 

AMENDMENT OF AIR CODE PENALTY SCHEDULE (MOLD REMEDIATION)

Location: 
TEAMS MEETING NY
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

DEP is adopting amendments to 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 amendments 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.

Effective Date: 
Thu, 03/19/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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.

Effective Date: 
Wed, 01/08/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

As part of New York City’s Green Infrastructure Program DEP provides incentives to private property owners for implementation of green stormwater management practices (also known as “green infrastructure”) on private property located within the five boroughs of the City. The Program was created in 2010 to create a partnership with private property owners in the design and construction of green infrastructure practices. In preparation for the rollout of additional incentive programs, and to ensure that there is no overlap between programs, DEP has amended its Program rules to specifically incentivize green roof retrofits. Green roof retrofits are an especially important type of stormwater management practice in ultra-urban cities like New York City. The rule amendments also provide for a more streamlined application submission and design review process for green roof retrofits.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.
A public hearing regarding the rule was held on October 30, 2019. The only public comment received was supportive of the rule.

Effective Date: 
Wed, 01/08/2020

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

DEP has adopted a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York by establishing in the Air Code Penalty Schedule new penalties for two separate violations of Chapter 1 of Title 24 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Administrative Code section 24-154 requires mold assessment licensees and mold remediation licensees to file notifications of mold remediation projects with an agency designated by the Mayor. Subdivision (d) of Section 24-154 authorizes that designated agency to establish penalties for failing to file such notifications. On March 25, 2019, the Office of the Mayor designated DEP as such agency. For such violations, DEP has amended the Air Code Penalty Schedule by establishing the following penalties: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, penalties of $2400.

DEP has amended the Air Code Penalty Schedule to establish penalties for building owners or other responsible parties who fail to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant. Section 24-108 of the Administrative Code requires a building owner or responsible party to allow DEP to take such samples. Section 24-178 of the Administrative Code allows DEP to impose penalties for failures to comply with section 24-108. For such violations, DEP establishes the following penalties: for a first violation, a penalty of $200; for a second violation, a penalty of $400; and for a third violation and all subsequent violations, penalties of $600.

This rule is authorized by section 1043 of the Charter of the City of New York and sections 24-105, 24-108, 24-154 and 24-178 of the Administrative Code.

Effective Date: 
Mon, 12/30/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules
The purpose of the Watershed Regulations is to protect public health by preventing contamination to and degradation of the City’s surface water supply. The amendments incorporate changes in federal and state law and address issues that have arisen during administration and enforcement of the Watershed Regulations.
The amendments to the Watershed Regulations include revisions to replace the existing approach for evaluating alterations and modifications of subsurface sewage treatment systems (“SSTS”) – and for determining whether systems that have been discontinued for five years or more years can be brought back into service – with an approach that focuses primarily on how well the SSTS will serve the proposed use, consistent with public health and water quality concerns. These amendments also provide that where certain ancillary, non-residential use of a residence does not change the nature or rate of flow of sewage to its SSTS, the use is not subject to DEP’s review and approval, allowing for example, a home office use or certain transient guest overnight accommodations.
These amendments also include various revisions which relate to the incorporation of the NYSDEC 2015 State Pollutant Discharge Elimination System (“SPDES”) General Permit for Stormwater Discharges from Construction Activity. Additionally, the revisions establish a category of small, limited impact projects for which stormwater pollution prevention plans can be simpler, similar to the existing framework for individual residential stormwater permits. The amendments also eliminate the description of the phosphorus offset pilot program, which had a limited term and was completed.
These amendments revise the definition of “new” and “existing” regulated activities. As defined in prior versions of the Watershed Regulations, the term “new” applied to all regulated activities undertaken, constructed, installed, or implemented after May 1, 1997, and the term “existing” applied to those activities prior to May 1, 1997. The amended definition preserves the meaning of the terms “new” and “existing” as they are used in the current regulations with regard to certain non-complying regulated activities — i.e., storage of hazardous substances, storage of petroleum products, and the siting of junkyards and solid waste management facilities which, if discontinued for two or more years, must comply with the Watershed Regulations or permanently desist. For other regulated activities, the word “existing” is used in its more conventional sense to refer to activities that exist or are in operation at the time they are being considered under the amended regulations.
These revisions incorporate standards for holding tanks and portable toilets. DEP will not review and approve holding tanks or portable toilets; rather, these revisions establish standards consistent with applicable State guidance. The amendments remove the term “service connection” and clarify the definition of a “sewer connection” relieving past confusion in administering the existing regulations and expanding its definition to include the conveyance all sewage, industrial and other wastes and update the design standards used for sewer connections.
In addition, these amendments eliminate the “hardship” criterion necessary for obtaining a variance from the Watershed Regulations, which has not proven to further water quality goals. These amendments improve due process provisions for applicants when DEP seeks to modify, suspend or revoke an approval. This includes new procedures on how to seek a hearing, and how to appeal a DEP determination, before the City’s Office of Administrative Trials and Hearings (“OATH”).
These amendments include re-issued watershed maps included in Appendix 18-A, based upon updated information from DEP’s LiDAR survey of the watershed. In addition, Appendices 18-B and 18-C are combined and certain revisions are incorporated to clarify the standards used for analysis of water quality samples.
The amendments include technical corrections such as substituting more recent versions of publications cited in the Watershed Regulations, updating certain technical terminology, and modifying or changing the order of certain text to improve clarity and intelligibility. Some of the plain language and clarification revisions were identified as part of the retrospective rules review conducted by the Mayor’s Office of Operations.
In addition to these amendments, DEP intends to work closely with NYSDEC as it updates its SPDES General Permit for Stormwater Discharges from Construction Activity, the current version of which will expire in January 2020, and NYSDEC’s related Stormwater Management Design Manual. DEP intends to further amend these rules to incorporate NYSDEC’s 2020 Construction General Permit, and potentially to include other related changes at that time to ensure appropriate stormwater controls based on sound scientific information.

Effective Date: 
Fri, 11/29/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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.

Effective Date: 
Fri, 11/29/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 6, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed 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 proposed rule defines the term “stipulation” and establishes civil penalties to be imposed for stipulations.

Subject: 

Stormwater Penalty Schedule

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 6, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend the City’s Air Code Penalty Schedule in Chapter 43 of Title 15 of the Rules of the City of New York and to establish in the Air Code Penalty Schedule new penalties for two separate violations of Chapter 1 of Title 24 of the New York City Administrative Code.

Local Law 61 of 2018, which took effect on January 1, 2019, added Section 24-154 to the Administrative Code. Administrative Code section 24-154 requires mold assessment licensees and mold remediation licensees to file notifications of mold remediation projects with an agency designated by the Mayor. Subdivision (d) of Section 24-154 authorizes that designated agency to establish penalties for failing to file such notifications. On March 25, 2019, the Office of the Mayor designated DEP as such agency.

DEP proposes to establish the following penalties: for a first violation, a penalty of $800; for a second violation, a penalty of $1600; and for a third violation and for all subsequent violations, penalties of $2400.

DEP is also amending the Air Code Penalty Schedule to establish penalties for building owners or other responsible parties who fail to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant. Section 24-108 of the Administrative Code requires a building owner or responsible party to allow the DEP to take such samples. Section 24-178 of the Administrative Code allows DEP to impose penalties for failures to comply with section 24-108.

DEP proposes to establish the following penalties: for a first violation, a penalty of $200; for a second violation, a penalty of $400; and for a third violation and all subsequent violations, penalties of $600.

This rule amendment exclusively establishes the amount of fees for such violations. Consequently, pursuant to item (iii) of paragraph (4) of subdivision (d) of section 1043 of the New York City Charter, this rule amendment is exempt from the procedure set forth in subdivision (d) therein.

Subject: 

Air Code Penalty amendments for failures to notify DEP of mold remediation projects and failures to allow inspectors to collect samples of an air contaminant or substances used in a process that affects or may affect the emission of an air contaminant.

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 30, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules
As part of New York City’s Green Infrastructure Program DEP provides incentives to private property owners for implementation of green stormwater management practices (also known as “green infrastructure”) on private property located within the five boroughs of the City. The Green Infrastructure Grant Program (“Program”) was created in 2010 to create a partnership with private property owners in the design and construction of green infrastructure practices. In preparation for the rollout of additional incentive programs, and to ensure that there is no overlap between programs, DEP is proposing to amend its Program rules to specifically incentivize green roof retrofits. Green roof retrofits are an especially important type of stormwater management practice in ultra-urban cities like New York City. The rule amendments would also provide for a more streamlined application submission and design review process for green roof retrofits.
The Rules are authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Subject: 

DEP's Green Infrastructure Grant Program rules

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

No contact

Download Copy of Proposed Rule (.pdf): 

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