Section 1049-A. Environmental control board

a. There shall be in the office
  of  administrative  trials  and  hearings an environmental control board
  consisting  of  the  commissioner  of  environmental   protection,   the
  commissioner   of   sanitation,   the  commissioner  of  buildings,  the
  commissioner of health and mental hygiene, the police commissioner,  the
  fire  commissioner  and the chief administrative law judge of the office
  of administrative trials and hearings, who shall be chair, all  of  whom
  shall serve on the board without compensation and all of whom shall have
  the  power  to  exercise  or delegate any of their functions, powers and
  duties as members of the board, and six persons to be appointed  by  the
  mayor,  with  the  advice  and  consent of the city council, who are not
  otherwise employed by the city, one to be possessed of a  broad  general
  background  and  experience  in  the field of air pollution control, one
  with such background and experience in  the  field  of  water  pollution
  control,  one  with such background and experience in the field of noise
  pollution control, one with such background and experience in  the  real
  estate  field,  one  with such background and experience in the business
  community, and one member  of  the  public,  and  who  shall  serve  for
  four-year  terms.  Such  members shall be compensated at the rate of one
  hundred fifty dollars per day when performing the  work  of  the  board.
  Within  its  appropriation,  the board may appoint an executive director
  and such hearing officers, including non-salaried hearing  officers  and
  other  employees  as  it  may  from  time to time find necessary for the
  proper performance of its duties.
    b. The environmental control board may adopt and amend regulations not
  inconsistent with any provision of law:
    (1) regulating or prohibiting the emission into the open air from  any
  source,  whether  fixed or movable, and whether on land or waters of any
  harmful or objectionable  substances  including,  but  not  limited  to,
  smoke,  soot,  dust,  fumes,  flyash,  gas  vapors  and  odors,  and the
  installation, construction or alteration of equipment giving forth  such
  emissions  into  the  open  air  insofar  as such emissions are effected
  thereby; and
    (2) regulating or prohibiting the emission into the waters within  and
  about  the city of New York from any source whether fixed or movable and
  whether on land or water of any  harmful  or  objectionable  substances,
  contaminants and pollutants.
    b-1.  The  environmental  control  board  shall  promulgate  rules  or
  regulations not inconsistent with any provision of law:
    (1)  providing  that  appropriate  language  assistance  services  are
  afforded  respondents  whose primary languages are not English to assist
  such respondents in communicating meaningfully with hearing officers;
    (2)(a) providing that if a notice of violation sets forth  a  specific
  hearing  date  and  hearing  office and the respondent timely appears on
  such date at such office pursuant to that notice of violation, then  the
  hearing  officer  may  exercise  his  or  her  discretion to adjourn the
  hearing only: (i) if a representative of the petitioning agency  appears
  at   the  hearing;  (ii)  if,  due  to  extraordinary  circumstances,  a
  representative of the petitioning agency is not present at the  hearing;
  or (iii) if the respondent consents to the adjournment;
    (b)  notwithstanding  any  other  provision  of  this charter, for the
  purpose of making an appearance under this paragraph,  any  city  agency
  that  issues  notices  of  violations  returnable  to  the environmental
  control board may delegate authority to appear  on  its  behalf  to  any
  representative  authorized  to appear on behalf of any other city agency
  that issues notices of violation returnable to the environmental control
  board; and

    (3) providing that if (i) a hearing has been adjourned  by  a  hearing
  officer  solely  for the purpose of obtaining the presence and testimony
  of the officer of the petitioning agency who issued the  subject  notice
  of  violation,  (ii)  the  respondent  timely  appears  on the adjourned
  hearing  date,  and  (iii)  such  officer of such agency fails to timely
  appear on the adjourned hearing date, then  the  hearing  shall  not  be
  further  adjourned  solely  to obtain the presence and testimony of such
  officer  of  such  agency,  unless  the  respondent  consents   to   the
  adjournment   or  the  hearing  officer  determines  that  extraordinary
  circumstances warrant the adjournment.
    c. (1) The environmental control board shall enforce the provisions of
  the charter and the administrative code, and any rules  and  regulations
  made thereunder, which relate to:
    (a) the cleanliness of the streets;
    (b) the disposal of wastes;
    (c) the provision of a pure, wholesome and adequate supply of water;
    (d) the prevention of air, water and noise pollution;
    (e) the regulation of street peddling;
    (f)  the  prevention of fire and danger to life and property therefrom
  which are within the jurisdiction of the fire department and  which  the
  fire commissioner shall designate by rule or regulation;
    (g) the construction, alteration, maintenance, use, occupancy, safety,
  sanitary  condition, mechanical equipment and inspection of buildings or
  structures and the regulation, inspection  and  testing  of  wiring  and
  appliances  for  electric  light,  heat  and power in or on buildings or
  structures in  the  city  which  are  within  the  jurisdiction  of  the
  department of buildings or the department of small business services and
  which  the  commissioner  of  buildings  or  the  commissioner  of small
  business services shall designate by rule or regulation;
    (h) the response to  emergencies  caused  by  releases  or  threatened
  releases of hazardous substances;
    (i) the use and regulation of all property subject to the jurisdiction
  of the department of parks and recreation;
    (j)  the reporting of information relating to the amount, location and
  nature  of  hazardous  substances,  and  the   labeling   of   hazardous
  substances;
    (k)  the  construction,  maintenance  and  repair  and  obstruction or
  closure of  public  roads,  streets,  highways,  parkways,  bridges  and
  tunnels   which  are  within  the  jurisdiction  of  the  department  of
  transportation  and  the  department  of  information   technology   and
  telecommunications;
    (l) the use and regulation of all property subject to the jurisdiction
  of the department of small business services;
    (m) the defacement of property; and
    (n)  landmarks  and  historic districts within the jurisdiction of the
  landmarks preservation commission.
    (2) The board shall have concurrent jurisdiction  with  the  board  of
  health  to enforce those provisions of the health code and the rules and
  regulations relating thereto which the board of health shall designate.
    (3) The board shall have authority from time to time  to  make,  amend
  and  rescind such rules and regulations as may be necessary to carry out
  its duties under this subdivision.
    d. (1) (a) The environmental control board shall  conduct  proceedings
  for  the  adjudication  of violations of the laws, rules and regulations
  enforced by it pursuant to the  provisions  of  subdivision  c  of  this
  section   or   of  any  other  law  providing  for  enforcement  by  the
  environmental control board in accordance with this  paragraph  (1)  and
  with  rules and regulations promulgated by the board, and shall have the

  power to render decisions and orders and to impose the  civil  penalties
  provided under law for such violations.
    (b)  The  form and wording of notices of violation shall be prescribed
  by the board. The notice of violation or copy thereof when filled in and
  served shall constitute notice of the violation charged, and,  if  sworn
  to  or  affirmed,  shall  be prima facie evidence of the facts contained
  therein.
    (c) The notice of violation shall  contain  information  advising  the
  person  charged  of  the  manner  and  the time in which such person may
  either admit or deny the violation charged in the notice. Such notice of
  violation shall also contain a warning to advise the person charged that
  failure to plead in the manner and time stated in the notice may  result
  in  a  default decision and order being entered against such person. The
  original or a copy of  the  notice  of  violation  shall  be  filed  and
  retained  by the board and shall be deemed a record kept in the ordinary
  course of business.
    (d) Where a respondent has failed to plead within the time allowed  by
  the  rules  of the board or has failed to appear on a designated hearing
  date or a subsequent date following  an  adjournment,  such  failure  to
  plead or appear shall be deemed, for all purposes, to be an admission of
  liability  and  shall  be  grounds  for rendering a default decision and
  order imposing a penalty in the maximum amount prescribed under law  for
  the violation charged.
    (e)  Where  a  proceeding  has been referred by the board to a hearing
  officer, upon the failure of any party to respond properly to  a  lawful
  discovery order or request made pursuant to rules of the board governing
  discovery,  or  upon any party's wrongful refusal to answer questions or
  produce documents, the hearing officer may take whatever  action  he  or
  she  deems  appropriate  including,  but  not  limited to, preclusion of
  evidence or witnesses, or striking the pleadings  or  defenses  of  such
  party.  It shall not be necessary for a party to have been subpoenaed to
  appear or produce documents at any properly ordered discovery proceeding
  for such sanctions to be applicable.
    (f) Where the rules of the board permit exceptions to  be  filed  with
  the  board from a recommended decision and order issued pursuant to this
  subdivision and such exceptions are filed pursuant to the rules  of  the
  board,  if  no  final decision and order has been issued by the board to
  the parties after the expiration of one hundred  eighty  days  from  the
  filing  of  the  exceptions,  a respondent who filed such exceptions may
  seek, at any time after the expiration of the one hundred  eighty  days,
  judicial  review pursuant to article seventy-eight of the New York civil
  practice law and rules, and if a respondent  does  so,  the  recommended
  decision  and  order issued pursuant to this subdivision shall be deemed
  the final decision and order of the board, provided that  no  respondent
  may rely upon this subparagraph to have a recommended decision and order
  deemed  a  final  decision  and  order of the board unless: (i) at least
  forty-five days before the filing of any petition  pursuant  to  article
  seventy-eight  of  the  New  York  civil  practice  law  and rules, such
  respondent shall have filed with the board written notice,  pursuant  to
  its rules, of the respondent's intention to file such petition; and (ii)
  such  respondent  has  served such petition on the board pursuant to the
  New York civil practice law and rules.  The  board  may  issue  a  final
  decision  and  order at any time after the respondent has filed with the
  board written notice of his or her  intention  to  file  such  petition,
  provided  that the respondent has not filed such petition on a day prior
  to the board's issuance of its final decision.
    (g) Any final order of the board imposing a civil penalty, whether the
  adjudication was had by hearing or  upon  default  or  otherwise,  shall

  constitute  a judgment rendered by the board which may be entered in the
  civil court of the city of New York or any other place provided for  the
  entry  of  civil judgments within the state, and may be enforced without
  court  proceedings  in  the  same  manner  as  the  enforcement of money
  judgments entered in civil actions;  provided,  however,  that  no  such
  judgment  shall be entered which exceeds the sum of twenty-five thousand
  dollars for each respondent.
    (h) Notwithstanding the foregoing provision, before a  judgment  based
  upon  a  default  may  be  so  entered  the board must have notified the
  respondent by first class mail in such form as the board may direct: (i)
  of the default decision and order and the penalty imposed; (ii)  that  a
  judgment  will  be entered in the civil court of the city of New York or
  any other place provided for the entry of  civil  judgments  within  the
  state  of New York; and (iii) that entry of such judgment may be avoided
  by requesting a  stay  of  default  for  good  cause  shown  and  either
  requesting  a  hearing  or  entering a plea pursuant to the rules of the
  board within thirty days of the mailing of such notice.
    (i) A judgment entered pursuant to this paragraph shall remain in full
  force and effect for eight years.
    (j) Notwithstanding any  inconsistent  provision  of  section  fifteen
  hundred  four  of  the  New York city civil court act, an execution with
  respect to a judgment of the board arising out of  any  violation  of  a
  provision  of chapter one of title sixteen of the administrative code of
  the city of New York shall be directed only to the sheriff.
    (k) The  board  shall  develop  and  implement  technology  to  enable
  electronic  case  management,  including  but  not  limited  to:  online
  adjudication  and  payments  in  appropriate   cases;   more   efficient
  administration  of  case  conferences,  hearings and appeals; electronic
  case scheduling; and generation of data and other reports to enhance the
  efficiency and increase  public  accountability  of  board  adjudication
  functions.  Not  later  than December 1, 2008, the board shall report to
  the  city  council  on  its  plans  and  progress  in   fulfilling   the
  requirements  of  this  subparagraph  and  shall include in its report a
  projected schedule for implementation.
    (2) (a) The environmental control board  shall  not  enter  any  final
  decision  or  order  pursuant to the provisions of paragraph one of this
  subdivision unless the notice of violation shall have been served in the
  same manner as is prescribed for service of process by article three  of
  the  civil  practice  law  and  rules  or  article three of the business
  corporation law, except that:
    (i) service of a notice of violation of any provisions of the  charter
  or administrative code the enforcement of which is the responsibility of
  the  fire  commissioner, the commissioner of buildings, the commissioner
  of environmental protection, the  commissioner  of  transportation,  the
  commissioner  of  small  business  services,  the landmarks preservation
  commission  or  the  commissioner  of  the  department  of   information
  technology  and  telecommunications  and  over  which  the environmental
  control board has jurisdiction, may be made by delivering such notice to
  a person employed by  the  respondent  on  or  in  connection  with  the
  premises  where  the  violation  occurred,  provided  however,  that the
  department of buildings and the fire  department  may  not  utilize  the
  procedures  set  forth  in  this  item  to  serve  a notice of violation
  relating to commercial premises or residential  premises  with  a  legal
  occupancy of four or more dwelling units; and
    (ii)  service of a notice of violation of any provision of the charter
  or administrative code, the enforcement of which is  the  responsibility
  of  the commissioner of sanitation, the commissioner of buildings or the
  commissioner of the fire department and  over  which  the  environmental

  control board has jurisdiction, may be made by affixing such notice in a
  conspicuous place to the premises where the violation occurred; and
    (iii)  service  of  a  notice  of  violation  of  any provision of the
  administrative code relating to the prevention of noise pollution caused
  by  an  audible  motor  vehicle  burglar  alarm  and  over   which   the
  environmental  control  board  has  jurisdiction  may be served upon the
  owner of a motor vehicle by affixing such notice to said  vehicle  in  a
  conspicuous place; and
    (iv)  service  of  a  notice  of violation of any of the provisions of
  section 10-119 or 10-120 of the administrative code of the city  of  New
  York  and  over  which the environmental control board has jurisdiction,
  may be  made  by  certified  mail,  return  receipt  requested,  to  the
  respondent's  last  known  residence  or business address, provided that
  delivery of such notice shall be restricted to the  respondent.  Service
  by certified mail shall be deemed complete upon mailing of the notice of
  violation  unless  the  notice of violation is returned to the sender by
  the United States postal service for any reason other  than  refusal  of
  delivery.
    (b) Such notice may only be affixed or delivered pursuant to items (i)
  and  (ii)  of  subparagraph  (a)  of  this  paragraph where a reasonable
  attempt has been made to  deliver  such  notice  to  a  person  in  such
  premises  upon whom service may be made as provided for by article three
  of the civil practice law and rules or article  three  of  the  business
  corporation  law.  When  a  copy  of  such  notice  has  been affixed or
  delivered, pursuant to items (i) and (ii) of subparagraph  (a)  of  this
  paragraph,  a  copy  shall be mailed to the respondent at the address of
  such premises. In addition to the foregoing mailing, if  the  respondent
  is  neither the owner nor the managing agent nor the occupying tenant of
  such premises, then a copy of the notice shall also  be  mailed  to  the
  respondent  at  such  respondent's  last  known  residence  or  business
  address, and, if the respondent is the owner or agent  of  the  building
  with  respect to which such notice was issued and the identity of and an
  address for such person is contained in any of the  files  specified  in
  items  (i),  (ii)  and  (iii) of this subparagraph, a copy of the notice
  shall also be mailed:
    (i)  to  the  person  registered  with  the  department   of   housing
  preservation  and  development as the owner or agent of the premises, at
  the address filed with such department in compliance with article two of
  subchapter  four  of  chapter  two  of   title   twenty-seven   of   the
  administrative code; or
    (ii)  to  the  person  designated as owner or agent of the building or
  designated to receive real property tax or water bills for the  building
  at the address for such person contained in one of the files compiled by
  the  department  of  finance  for  the  purpose  of  the  assessment  or
  collection of real property taxes and  water  charges  or  in  the  file
  compiled  by the department of finance from real property transfer forms
  filed with the city register upon the sale or transfer of real property;
  or
    (iii) to the person described as owner or agent of  the  premises,  at
  the  address  for such person contained in the files of the agency which
  issued such notice of violation compiled and maintained for the  purpose
  of  the  enforcement  of the provisions of the charter or administrative
  code or other law over which such agency has jurisdiction.
    (c) Proof of such service  made  pursuant  to  item  (i)  or  (ii)  of
  subparagraph  (a)  of  this  paragraph  and  subparagraph  (b)  of  this
  paragraph shall be filed with the  environmental  control  board  within
  twenty days; service shall be complete ten days after such filing.

    (3)  The environmental control board may apply to a court of competent
  jurisdiction for enforcement of any other decision or  order  issued  by
  such board or of any subpoena issued by such board.