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Laws of New York (Last Updated: November 21, 2014) |
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ADC New York City Administrative Code(NEW) |
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Title 24. ENVIRONMENTAL PROTECTION AND UTILITIES |
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Chapter 1. AIR POLLUTION CONTROL |
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Subchapter 9. ENFORCEMENT |
Section 24-178. Powers of the board
Latest version.
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(a) The board, in addition to other duties assigned to it by law, shall have the power to conduct hearings pursuant to this chapter and, by the issuance of a subpoena, compel the attendance of witnesses and the production of any books, papers or other things relating to the matter under investigation. (b) The board may, upon notice pursuant to this chapter, and after a hearing pursuant to section 24-184 of this code, or in default thereof pursuant to section 24-185 of this code: (1) Order the commissioner to revoke or suspend a permit or certificate issued pursuant to this code for any equipment or apparatus, where such equipment or apparatus causes, or is maintained or operated, so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board. (2) Order the owner of any equipment or apparatus, which causes or is maintained or operated so as to cause a violation of any provision of this code, or any order or regulation promulgated by the commissioner or the board, to install any apparatus which can reasonably be expected to correct the violation, or to clean, repair, properly maintain, replace or alter such equipment or apparatus in a manner which can reasonably be expected to correct the violation; (3) Seal any equipment or apparatus which causes or is maintained or operated so as to cause a violation of any provision of this code or order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section; (4) Order any person to cease and desist from any activity or process which causes or is conducted so as to cause, a violation of any provision of this code or any order or regulation promulgated by the commissioner or the board, except as provided in subdivision (c) of this section; (5) (i) Impose a civil penalty in each instance in an amount as hereinafter set forth in the table of civil penalties, including schedules E, F and G of civil penalties for equipment requiring operating certificates, except as provided in paragraph six of this subdivision, against any person who violates any provision of this code or of any order, rule or regulation promulgated thereunder. TABLE OF CIVIL PENALTIES ======================================================================== Violations related to section, Civil Penalties subdivision and paragraph Maximum Minimum ________________________________________________________________________ 24-109(b)(1).................... $2,600 $650 24-109(b)(2).................... 2,600 650 24-109(b)(3).................... 1,400 350 24-109(b)(4).................... 1,750 440 24-111.......................... 1,750 440 24-112.......................... 1,750 440 24-113.......................... 300 75 24-118 In case of violation of this section involving incinerators with grates having cross sectional areas of less than twenty-five square feet....... 6,000 1,500 In case of violation of this section involving incinerators with grates having cross sectional areas equal to or greater than twenty-five square feet................... 20,000 5,000 24-119(a)....................... 4,000 1,000 24-120.......................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-122(a)....................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-122(b)(1).................... As Per Schedule E As Per Schedule E 24-122(b)(2).................... As Per Schedule F As Per Schedule F 24-122(b)(3).................... As Per Schedule E As Per Schedule E 24-122(b)(4).................... As Per Schedule G As Per Schedule G 24-122(b)(5).................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-141 In the case of violations of this section by operation of equipment or apparatus requiring operating or registration certificates .... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable In the case of violations of this section by sources other than those requiring operating or registration certificates.. 1,000 250 24-142.......................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-144.......................... As Per Schedule As Per Schedule E or F, E or F, whichever is whichever is applicable applicable 24-145.......................... As Per Schedule As Per Schedule E or F, E or F, whichever is whichever is applicable applicable 24-146(a)....................... 1,750 440 24-146(b)....................... 12,000 3,000 24-146(c)....................... 1,750 440 24-146(d)....................... 1,400 350 24-146(e)....................... 1,750 440 24-146(f)....................... 3,000 750 24-146.1; provided that such $1,000-$10,000 penalty shall not apply to violations of 24-146.1(b)(1).................. 10,000 1,000 24-146.1(b)(1).................. 1,000 250 24-146.3........................ 15,000 1,000 24-147.......................... 3,500 815 24-148.......................... 2,625 660 24-150.......................... 500 125 24-151.......................... 3,500 875 24-153.......................... As Per Schedule As Per Schedule E or F, E or F, whichever is whichever is applicable applicable 24-155.......................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-156.......................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-160.......................... As Per Schedule E As Per Schedule E 24-162(a)....................... As Per Schedule G As Per Schedule G 24-162(c)....................... As Per Schedule G As Per Schedule G 24-163; provided that a minimum penalty of $330 and a maximum penalty of $1,500 shall apply to a second violation of such section by the same respondent within a period of two years and a minimum penalty of $440 and a maximum penalty of $2,000 shall apply to a third or subsequent violation of such section by the same respondent within a period of two years..................... 1,000 220 24-163.2........................ 5,000 1,000 24-163.3; plus twice the amount of money saved by the contractor for failure to comply with such section; provided that such $1,000 - $10,000 penalty and additional penalty shall not apply to violations of 24-163.3(o)..... 10,000 1,000 24-163.3(o); plus twice the amount of money saved by the contractor in association with having made such false claim.. 20,000 20,000 24-163.5; plus twice the amount of money saved by the contractor for failure to comply with such section; provided that such $1,000 - $10,000 penalty and additional penalty shall not apply to 24-163.5(m)................... 10,000 1,000 24-163.5(m)..................... 20,000 20,000 24-163.6; plus twice the amount of money saved by the owner or operator of a sight-seeing bus for failure to comply with such section; provided that such $1,000 - $10,000 penalty and additional penalty shall not apply to 24-163.6(i)...... 10,000 1,000 24-163.6(i)..................... 20,000 20,000 24-163.7; plus twice the amount of money saved by the school bus owner or operator for failure to comply with such section; provided that such $1,000 - $10,000 penalty and additional penalty shall not apply to 24-163.7(m).......... 10,000 1,000 24-163.7(m)..................... 20,000 20,000 24-164.......................... 1,750 440 24-165.......................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-168.......................... As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-169 (a), (b) and (c); provided that the civil penalty specified herein shall apply only to a violation by reason of the use or purchase of fuel oil which does not conform to the standards in such subdivision.............. As Per Schedule As Per Schedule E, F, or G, E, F, or G, whichever is whichever is applicable applicable 24-169 (a), (b) and (c); provided that such $1,500-$6,000 civil penalty shall apply only to a violation by reason of the standards set forth in such subdivisions.................. $6,000 1,500 24-173(a)....................... As Per Schedule As Per Schedule E or F, E or F, whichever is whichever is applicable applicable 24-173(c)(1).................... As Per Schedule E As Per Schedule E 24-174(a); provided that such $220-$875 civil penalty shall apply only to a violation by reason of use or purchase of gasoline which does not conform to standards set forth in such subdivision........... 875 220 24-174(a); provided that such $660-$2,650 civil penalty shall apply only to a violation by reason of the sale, storage or transportation of gasoline which does not conform to the standards set forth in such subdivision 2,650 660 24-175; provided that such $220-$875 civil penalty shall apply only to a violation by reason of the use or purchase of gasoline which does not conform to the standards set forth in such section......... 875 220 24-175; provided that such $660-$2,650 civil penalty shall apply only to a violation by reason of the sale, offer for sale, storage or transportation of gasoline which does not conform to the standards set forth in such section....................... 2,650 660 All remaining sections, subdivisions and paragraphs... 875 220 ====================================================================== CIVIL PENALTY SCHEDULES FOR EQUIPMENT REQUIRING OPERATING CERTIFICATES SCHEDULE E--PENALTIES FOR FUEL BURNING EQUIPMENT Gross Input or Designed Fuel Consumption of Equipment in Millions of BTU/hr ====================================================================== #4 or #6 Fuel Oil& Gasoline, #2 Fuel Oil Civil Penalties Solid Fuels and Nat. Gas Max. Min. ______________________________________________________________________ less than 2.8 less than 2.8 $1,400 $ 350 2.8 to less than 21 2.8 to less than 50 1,800 450 21 to less than 42 50 or greater 3,000 750 42 or greater 4,000 1,000 ====================================================================== SCHEDULE F--PENALTIES FOR OTHER THAN FUEL OR REFUSE BURNING EQUIPMENT ====================================================================== Emission Rate in Civil Penalties Based on Environmental Cubic Feet per Minute Ratings as Contained in Section 24-153 Env. Rating A Env. Rating B Env. Rating C Env. Rating D Max. Min. Max. Min. Max. Min. Max. Min. ______________________________________________________________________ Less than 5,000 $6,000 $1,500 $4,000 $1,000 $3,000 $ 750 $2,000 $ 500 5,000 to less than 20,000 8,000 2,000 6,000 1,500 4,000 1,000 3,000 750 20,000 or greater 12,000 3,000 8,000 2,000 6,000 1,500 5,000 1,000 ====================================================================== SCHEDULE G--PENALTIES FOR REFUSE BURNING EQUIPMENT ====================================================================== Maximum Horizontal Inside Cross Sectional Area of Primary Combustion Chamber in Civil Penalties Square Feet Max. Min. ______________________________________________________________________ 25 or less.................. $1,600 $400 25-40....................... 2,000 500 Above 40.................... 3,000 750 ====================================================================== (ii) Impose a separate penalty for each day on which a violation under this code shall have occurred. (iii) Remit, in whole or in part, such civil penalty if, at the conclusion of the hearing, or at the time of the board determination under section 24-187 of this code, or at the date on which a stipulation is executed by the parties in settlement of the proceeding pursuant to section 24-183 of this code, the respondent is no longer in violation of a provision of this code or of any order, rule or regulation promulgated thereunder and is not in default under section 24-185 of this subchapter. (iv) Impose an additional civil penalty, in the amount of ten per cent (10%) of the penalty originally imposed, for late payment of penalty for each month or part thereof that the penalty payment is in arrears. In no event shall the total additional civil penalty exceed the maximum set forth in the table of civil penalties or schedules E, F and G of civil penalties for equipment requiring operating certificates, or as modified pursuant to paragraph six of subdivision (b) of this section. (v) Remit in whole or in part, such civil penalty at the conclusion of the hearing, or at a date on which a stipulation is executed by the parties in proceedings pursuant to section 24-183 of this chapter, if the respondent was in violation of this code through the action or inaction of an agency of the city of New York and not through the action or inaction of the respondent. (6) Order any person to be classified as a persistent violator if such person is found to be in violation of this code and has also on one or more prior occasions within the preceding five years been found to be in violation of this code, where such repeated violations evidence substantial disregard thereof. If a person is classified as a persistent violator, the board shall in each instance double the amount of the penalty which it would otherwise impose pursuant to paragraph five of this subdivision. Such double penalties shall be imposed for violations which the board finds a person committed pursuant to the same proceeding at which it classified such person as a persistent violator and for all violations committed within the two years immediately following such classification, after which such classification shall terminate. However, if at the end of such two year period such person is still in violation of this code because of a failure to take or complete a corrective action as required by the board, such classification shall continue until such time as such person is no longer in violation of this code because of such failure, at which time such classification shall cease. Thereafter, the board may again classify such person as a persistent violator, on the same basis it used originally. (7) Impose a civil penalty of not more than two hundred fifty dollars on any owner of equipment for each day such equipment is sealed pursuant to this section; (8) Impose a civil penalty of not less than one thousand nor more than four thousand dollars on any person who willfully breaks, or causes or permits the breaking of, a seal placed on equipment pursuant to this section. (9) Order any person or the commissioner to install any apparatus or to clean, repair or alter any equipment or apparatus which causes, or is maintained or operated so as to cause, a violation of this code. (c) The board may, upon notice pursuant to section 24-180 of this code, order any person to: (1) Cease and desist from the installation or alteration of equipment or apparatus, without a permit as required by section 24-120 of this code; (2) Cease and desist from the operation of any equipment or apparatus without a certificate and the board may also seal any such equipment or apparatus; (3) Cease and desist from the spraying of insulating material on, or the demolition of, any building or structure which does not conform to the requirements of section 24-109 or 24-146 of this code. The board may also seal any equipment used therefor. (d) The board may order the commissioner to install any apparatus or to clean, repair, or alter any equipment or apparatus which causes or is maintained or operated so as to cause a violation of an order issued pursuant to paragraph two of subdivision (b) of this section, where such installation, cleaning, repairing, or alteration can reasonably be expected to correct such a violation. Any work required under such an order may be executed by the commissioner through the officers, agents or contractors of the department. The department shall be reimbursed promptly for all costs and expenses of such work by the owner of the equipment or apparatus to which the order relates and in respect to which such expenses were incurred. Such expenses may be recovered in a civil action brought in the name of the commissioner. (e) If an order of the board issued pursuant to subdivisions (b) and (c) of this section provides for a period of time during which a person subject to the order is permitted to correct a violation, the board may require the respondent to post a performance bond or other security with the department in a form and amount sufficient to assure the correction of such violation within the prescribed time. In the event of a failure to meet the schedule prescribed by the board, the sum named in the bond or other security shall be forfeited and shall be paid to the commissioner. (f) The board may order any person to cease and desist from an activity which it reasonably believes causes an emission of an air contaminant which creates an imminent peril to the public health. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to section 24-184 of this code. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subsection.