(a) The board may, upon notice pursuant to this chapter, and after a hearing pursuant to the rules of the board:
(1) Order the commissioner to 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 rule promulgated by the commissioner or the board, except as provided in subdivision (b) of this section;
(2) Order any person to cease and desist from any activity or process that causes or is conducted so as to cause, a violation of any provision of this code or any order or rule promulgated by the commissioner or the board, except as provided in subdivision (b) of this section;
(3) (i) Impose a civil penalty in each instance in an amount as hereinafter set forth in the table of civil penalties against any person who violates any provision of this code or of any order or rule promulgated thereunder.
TABLE OF CIVIL PENALTIES | ||
Violation | Minimum | Maximum |
$200 | $800 | |
24-109(a)(1)-(2) | $800 | $3,200 |
24-109(a)(3)-(17) | $400 | $1,600 |
24-109(f) | $400 | $1,600 |
24-109(g) | $400 | $1,600 |
$400 | $1,600 | |
$400 | $1,600 | |
$200 | $800 | |
$1,600 | $6,400 | |
$800 | $3,200 | |
$800 | $3,200 | |
24-123(d) | $800 | $3,200 |
$200 | $800 | |
$1,000 | $15,000 | |
$1,000 | $15,000 | |
$1,600 | $6,400 | |
$400 | $1,600 | |
$400 | $1,600 | |
$200 | $800 | |
24-143.1 | $200 | $800 |
$800 | $3,200 | |
24-146(b)-(d) | $400 | $1,600 |
24-146(e)-(f) | $800 | $3,200 |
$800 | $3,200 | |
$800 | $3,200 | |
$200 | $800 | |
$400 | $1,600 | |
$400 | $1,600 | |
$400 | $1,600 | |
$800 | $3,200 | |
$400 | $1,600 | |
$800 | $3,200 | |
$200 | $800 | |
$800 | $3,200 | |
$400 | $1,600 | |
$400 | $1,600 | |
$200 | $800 | |
$400 | $1,600 | |
$200 | $800 | |
$350 | $2,000 | |
$1,000
1 | $1,000
1 | |
$500 | $500 | |
$0 | $10,000
2 | |
$400 | $1,600 | |
$0 | $1,600 | |
$0 | $875 | |
$200 | $800 | |
$2,500 | $10,000 | |
$2,500 | $10,000 | |
$1,600 | $6,400 | |
$1,600 | $6,400 | |
$200 | $800 | |
$200 | $800 | |
$400 | $4,000 | |
All other sections, subdivisions and paragraphs of this chapter | $400 | $1,600 |
1. Plus twice the amount saved by failing to comply.
2. Plus five hundred dollars per day for each day the violation is not corrected beyond sixty days from the date of an order of the commissioner or of the chairperson of the business integrity commission to correct the violation.
(ii) Impose a separate penalty for each day on which a violation under this code shall have occurred.
(iii) Impose an additional civil penalty, in the amount of ten per cent (10%) of the penalty originally imposed, for late payment of a 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.
(4) 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.
(b) 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 order the commissioner to 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 or any rule promulgated thereunder. The board may also order the commissioner to seal any equipment used therefor.
(c) 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 (a) 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.
(d) If an order of the board issued pursuant to subdivisions (a) and (b) 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.
(e) 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 the rules of the board. 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 subdivision.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/058, 1/19/2018, eff. 2/18/2018; Am. L.L. 2021/154, 12/22/2021, eff. 12/22/2021; Am. L.L. 2023/032, 3/6/2023, eff. 3/6/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2003/077, L.L. 2005/041, L.L. 2009/037, L.L. 2010/043, L.L. 2013/153, L.L. 2021/154 and L.L. 2023/032.