Chapter 53: Air Asbestos Penalty Schedule

(a) Whenever a respondent is found in violation of any of the following provisions of the New York City Administrative Code or the Rules of the City of New York or the New York Code of Rules and Regulations, any civil penalties recommended by a hearing officer, pursuant to 48 RCNY § 6-17(a) in accordance with Section 1049-a(d)(1)(d) of the Charter and/or any civil penalties imposed for admissions of violations, pursuant to 48 RCNY § 6-09(a) or late admissions, pursuant to 48 RCNY § 3-17 will be imposed, pursuant to the penalty schedule set forth below.

(b) If a stipulation is offered and accepted at or before a hearing, the stipulation penalty will be imposed.

(d) A second offense is a violation by the same respondent within two years, for an infraction of the same section of the rules.

(e) The default penalty for all charges in this Penalty Schedule shall be twice the penalty set forth in subsection (a) of 15 RCNY § 53-02.

(Added City Record 12/7/2018, eff. 1/6/2019)

§ 53-02 Air Asbestos Penalty Schedule.

(a) Penalty Table for Violations of Title 15 of the Rules of the City of New York.

Section	Violation Description	1st Offense Penalty	1st Offense Stipulation	2nd Offense Penalty	2nd Offense Stipulation
15 RCNY § 1-01(c)	Failure of asbestos handler supervisor to comply with all provisions of Asbestos Rules	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-01(e)	Knowingly made a false statement or submitted a false document to DEP or any individual or city agency	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-01(f)	Did not permit DEP inspection of asbestos project/abatement activities	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-01(g)	Interfered with or obstructed DEP personnel	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-01(h)	Engaged in unprofessional conduct	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-16(a)(1)	Conducted building survey and hazard assessment without DEP certification	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-16(h)	Failed to sign/affix valid investigators seal to plan or report as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-21(a)	Failed to comply with reporting and filing requirements	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-21(b)	Failed to calculate project size and scope as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-22(b)	Failed to submit required certification to Buildings Dept	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-23(c)	Failed to file required Asbestos Assessment Report (ACP-5) with Buildings Dept	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-25(c)	Failed to file required Asbestos Assessment Report (ACP-5) with Buildings Dept	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-25(d)	Failed to notify DEP in writing of any change on project notification	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-26(a)	Failed to obtain asbestos abatement permit when required	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-26(b)(4)	Failed to comply with work place safety plan	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-26(c)(3)	Failed to maintain/provide record of final inspection	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-26(e)	Failed to terminate asbestos abatement permit w/in 1 yr. of issuance	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-26(f)	Failed to maintain required insurance during work permitted work	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-26(h)	Commenced permitted work prior to permit issuance	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-26(i)	Failed to submit letter to ATRU regarding additional asbestos on projects with WPSP	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-27(b)	Failed to immediately notify DEP of emergency project as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-27(c)	Failed to notify DEP by ARTS E-File of emergency project within 48 hours	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-28(a)	Failed to maintain permanent records of asbestos surveys as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-28(b)	Failed to compile complete records of asbestos survey as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-28(c)	Failed to properly record work by non-certified individual as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-28(d)	Failed to maintain records of asbestos surveys for 30 years	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-28(e)	Failed to make asbestos survey records available for inspection by DEP	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-28(f)	Failed to properly store records or report damage/loss/destruction of records	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-28(g)	Failed to respond to DEP request for production of records	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-29(a)	Failed to properly maintain project record	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-29(b)	Failed to properly maintain project summary	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-29(c)	Failed to make project record or project summary available for inspection in a timely manner	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-29(d)	Failed to maintain air monitor project summary	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-36(a)	Failed to retain independent third party air monitor	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-36(b)	Failed to have technician present during air sample collection	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-36(c)	Use lab without required qualifications to perform bulk sample analysis	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-36(d)	Used lab without required qualifications to perform air sample analysis	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-36(e)	Employed unqualified analyst to perform air sample analysis (TEM)	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-37(a)	Failed to perform bulk sampling as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-37(b)	Failed to utilize area air sampling equipment for PCM per 60 NIOSH 7400	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-37(c)	Failed to utilize area air sampling equipment for TEM as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-37(d)	Failed to use appropriate air sampling pump calibrated by rotometer	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-37(e)	Failed to properly inspect and label air sampling equipment	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-37(f)	Failed to create/maintain air sampling log	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-38(a)	Failed to assess/identify exact locations and quantities of ACM / PACM / misc. ACM	$2,400	$1,500	$4,800	$9,600
15 RCNY § 1-38(b)	Failed to collect bulk samples and submit for analysis	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-38(c)	Failed to comply with sampling requirements	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-41(a)	Failed to conduct air sampling in accordance with required schedule	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-41(b)	Failed to conduct pre-abatement air sampling as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-41(c)	Failed to conduct air sampling during abatement as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-41(d)	Failed to conduct post-abatement air sampling as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-42(a)	Utilized improperly located air samplers	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-42(b)	Failed to locate ambient samplers properly	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-42(c)	Failed to have a chain of custody record for air samples	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-42(d)	Failed to follow specified area sampling schedule for air monitoring	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-42(e)	Failed to conduct air sampling for small projects as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-43(a)	Failed to confirm absence of visible ACM before final air monitoring	$2,400	$1,200	$4,800	$3,000
15 RCNY § 1-43(b)	Failed to properly place required number of samplers in work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-43(c)	Failed to properly place samplers outside work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-43(d)	Failed to conduct aggressive sampling according to required procedures	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-43(e)	Area air samples did not meet schedule for post-abatement monitoring	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-43(f)	Failed to reclean and re-sample in areas that failed clearance as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-43(g)	Failed to meet release criteria for any independent work area	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-44(a)	Failed to analyze and report PCM area air samples as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-44(b)	Failed to analyze and report TEM area air samples as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-44(c)	Failed to analyze and report bulk sample as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-44(d)	Failed to submit bulk/air sampling results w/in 5 days of DEP request	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-45(a)	Failed to follow proper procedures when action criteria exceeded	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-45(b)	Failed to meet clearance and/or reoccupancy criteria	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-51(a)	Employed uncertified workers on an asbestos project	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-51(b)	Failed to have supervisor present during abatement activities	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-51(c)	Allowed persons inside work place w/out proper protective clothing	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-51(d)	Failed to perform person air monitoring as per OSHA standards	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-51(e)	Failed to meet personal hygiene requirements at work site	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-51(f)	Failed to have required info at work place	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-51(g)	Failed to post asbestos warning signs at all approaches to work place	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-51(h)	Failed to affix required warning labels to all ACM waste containers	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(a)	Did not store replacement materials outside work area as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(b)	Used replacement materials which did not comply with NYC Code and regulations	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-61(c)	Failed to use plastic of 6-mil thickness or greater for plasticizing	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(d)	Used duct tape and/or adhesive incapable of properly sealing plastic	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(e)	Failed to use and/or label 6-mil bags or containers for ACM as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(f)	Failed to enclose ACM in airtight manner with impact resistant material	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(g)	Failed to use HEPA filtration as required on power tools	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-61(h)	Failed to provide ladders/scaffolds and/or seal joints/ends of same	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(h)(1)	Failed to properly use ladders in the conduct of abatement activities	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(h)(2)	Failed to properly seal scaffold joints / ends or failed to properly use scaffolds in the conduct of abatement activities	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(h)(3)	Failed to protect walking / working surfaces from danger of tripping or stepping into holes / openings	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-61(i)	Failed to use UL listed and approved electrical equipment	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-61(j)	Failed to use non-carcinogenic / non-toxic chemicals	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-61(k)	Failed to use non-combustible / fire-retardant materials	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-61(l)	Failed to obtain DEP approval for substitute equipment/material	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(a)	Failed to post notice of asbestos project as specified	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(b)	Failed to post floor plan as specified	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(c)	Failed to vacate work place prior to and during abatement activities	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(d)	Failed to provide power from outside the work area thru GFI at source	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(e)	Failed to install worker decon in required sequence	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(f)	Did not limit disturbance of ACM before erecting partition as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-81(g)	Failed to lockout/isolate heating/ventilation/air conditioning system	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(h)	Commenced abatement prior to completion of work place preparation	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(i)	Failed to properly pre-clean and remove movables and/or cover carpet	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(j)	Failed to remove flammables/extinguish ignition sources	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-81(k)	Failed to properly pre-clean and plasticize fixed objects in work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(l)	Failed to use temporary emergency lighting when required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(m)	Failed to properly pre-clean the work area prior to plasticizing	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-81(n)	Failed to install isolation barriers over all openings to work place	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(o)(1)-(3)	Did not segregate work area from work site with partitions as required	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(o)(4)-(5)	Failed to construct partitions to ensure unobstructed means of egress	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(p)	Failed to properly seal floors and walls with 2 layers of 6-mil plastic	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(q)	Failed to remove/clean ceiling-mounted objects not previously sealed	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(r)	Removed contaminated ceiling tiles prior to full work area preparation	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-81(s)	Failed to lock entrances not used for workers or as emergency exits	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-81(t)	Failed to properly maintain/check exits	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(u)	Failed to post/maintain exit signs in work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(v)	Failed to post/maintain no smoking signs in work place	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(w)	Failed to properly seal and/or cover floor drains, pits, sumps, etc.	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(x)	Did not maintain, secure, lockout elevators running thru work area	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-81(y)	Failed to provide adequate toilet facilities in vicinity of clean room	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-81(z)	Failed to have fire extinguisher(s) in work place	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-82(a)	Failed to provide or locate worker decon outside work area as required	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-82(b)	Failed to construct worker decon as specified	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-82(c)	Failed to fully line worker decon with 2 layers of opaque 6-mil plastic	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-82(d)	Failed to secure/weatherproof outside or publicly accessible decon	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-82(e)	Failed to provide proper prefabricated or trailer worker decon	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-82(f)	Failed to construct and/or maintain clean room as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-82(g)	Failed to install and/or maintain shower room as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-82(h)	Failed to provide shower filtration system as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-82(i)	Failed to properly use or maintain equipment room	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-83(a)	Failed to properly construct waste decon as specified	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-83(b)	Failed to locate/install waste/worker decon where 1 exit exists	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-83(c)	Failed to construct waste decon in accordance with 15 RCNY § 1-82(a),(c),(d),(e),(f),(g),(h)	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-84(a)	Failed to properly construct alternative worker/waste decon for small project	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-84(b)	Failed to properly utilize alternative worker/waste decon for small project	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(a)	Failed to utilize negative pressure ventilation equipment	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(a)(1)	Failed to use manometer to document pressure differential	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-91(b)	Failed to use negative pressure ventilation equipment 24 hrs/day	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(c)	Did not maintain static negative air pressure of 0.02 in. water column	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(d)	Failed to turn on negative air units 1 by 1 to check barrier integrity	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-91(e)	Failed to use dedicated power supply for negative air units	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-91(f)	Failed to utilize/properly locate negative air cutoff switch	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(g)	Failed to follow procedures for loss of power to negative Air units	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(h)	Failed to provide required air changes in work area	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-91(i)	Failed to make openings for negative air units airtight	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-91(j)	Used negative air units not in compliance w/ANSI 9.2 standards	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(k)	Operated negative air system contrary to EPA report 560/5-85 (1985)	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-91(l)	Failed to exhaust negative air units to outside as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-91(m)	Failed to properly use second negative air unit in series as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-91(n)	Failed to install ducting to prevent fiber release	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-91(o)	Failed to smoke test/inspect/monitor ducts to ensure no fiber release	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-92(a)(1)	Workers / visitors failed to enter work area through worker decontamination system	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-92(a)(2)	Failed to submit / maintain log	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-92(a)(3)	Failed to ensure all individuals are familiar with workplace entry requirements prior to entry	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-92(a)(4)	Failed to follow workplace entry requirements	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-92(b)	Failed to ensure that proper work area exit procedures are followed	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-92(c)	Failed to follow procedures for entry into confined space	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-93(a)	Permitted storage of ACM/carts in clean room when used as holding area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(b)	Improperly removed waste while workers used combined decon system	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(c)	Improperly worker transit during waste transfer in combined decon	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(d)	Did not clean ACM container/equipment properly before transfer into decon	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(e)	Failed to properly bag/package containerized ACM waste and equipment	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(f)	Improper washroom transit of workers prior to end of waste removal	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(g)	Failed to properly remove waste and equipment from airlock to holding area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(h)	Failed to use/clean waste storage carts as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(i)	Failed to secure exit from waste decontamination system	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-93(j)	Failed to store waste storage carts in worksite holding area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-94(a)	Failed to inspect plastic barriers and partitions twice per shift	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-94(b)	Failed to smoke test plastic barriers and decon twice daily	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-94(c)	Failed to immediately repair damage or defects in decon	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-94(d)	Failed to follow proper procedure upon fiber release or barrier damage	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-94(e)	Failed to document specified events in daily projects log	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-94(f)	Failed to document daily inspection to ensure exits have been checked against blockage	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-94(g)	Failed to stop abatement activities if exits are found blocked	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-102(a)	Performed dry removal of ACM without EPA and/or DEP approval	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-102(b)	Failed to sufficiently wet down ACM for enhanced penetration	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-102(c)	Failed to properly apply removal encapsulant as per federal guidelines	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-102(d)	Failed to bag ACM directly upon detachment from substrate as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-102(e)	Failed to properly wet, wrap and secure large components of ACM	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-102(f)	Failed to remove all visible ACM residue from abated surfaces	$2,400	$1,200	$4,800	$2,400
15 RCNY § 1-103(a)	Failed to utilize proper material for encapsulation/repair of ACM	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(b)	Failed to properly remove loose or hanging ACM before encapsulation	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(c)	Failed to use acceptable pigmented encapsulant	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(d)	Used encapsulant solvent or vehicle containing volatile hydrocarbon	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(e)	Improperly used latex paint as encapsulant	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(f)	Failed to properly field test encapsulant prior to use	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(g)	Failed to apply required thickness of bridging encapsulant over ACM	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(h)	Failed to use a different color for each coat of encapsulant	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(i)	Failed to properly apply penetrating encapsulant to ACM	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(j)	Failed to apply encapsulant with airless spray equipment as specified	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-103(k)	Failed to properly identify encapsulated ACM	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-104(a)	Did not properly remove loose/hanging ACM before installing enclosure	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-104(b)	Failed to properly repair areas damaged during enclosure procedure	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-104(c)	Failed to properly lower/remove/replace utilities service components	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-104(d)	Failed to properly identify enclosed ACM	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(a)	Failed to properly conduct glovebag procedures	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-105(b)(1)	Failed to bring tools/materials into work area before glovebag begins	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(2)	Failed to conduct air monitoring during glovebag procedure as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(3)	Failed to have trained/equipped workers to conduct glovebag procedures	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(4)	Failed to use properly sized glovebag for diameter of insulation	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(5)	Failed to wet ACM prior to stripping during glovebag procedure	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-105(b)(6)	Failed to properly attach glovebag to insulation	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-105(b)(7)	Failed to smoke test glovebag as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(8)	Failed to properly seal adjacent insulation during glovebag procedure	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(9)	Failed to properly clean/wet surface, tools, etc. before glovebag is moved	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(10)	Failed to properly seal insulation ends	$2,400	$1,200	$4,800	$3,000
15 RCNY § 1-105(b)(11)	Failed to properly remove tools/tool pouch from glovebag	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(12)	Failed to use HEPA vacuum to evacuate glovebag or for clean up	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(13)	Failed to properly collapse or seal glovebag prior to bag removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(14)	Failed to properly double-bag and detach glovebag	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(15)	Failed to properly wet/bag, dispose of waste from glovebag procedure	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(b)(16)	Failed to conduct / document visual clearance inspection	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-105(d)	Failed to utilize glovebag within containment as specified	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-106(a)	Conducted tent procedures on 260 linear ft/160 sq. or more of ACM	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(b)	Failed to properly install and/or construct tent	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(c)	Failed to install airlock at tent entrance when required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(d)	Failed to wear appropriate personal protective equipment during tent procedure	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-106(e)	Failed to attach tent to surface to produce an airtight seal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(f)	Failed to provide/maintain proper negative air in tent	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-106(g)	Failed to use required wet removal methods during tent procedures	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(h)	Failed to place ACM removed in tent procedures in leaktight container	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(i)	Failed to properly clean/encapsulate enclosed surfaces in tent	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(j)	Failed to clean/encapsulate surfaces after tent failure/termination	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(k)	Failed to properly clean/double bag ACM for disposal as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(l)	Failed to follow specified procedures for worker exit from tent	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(m)	Failed to have 4 Air changes after abatement but before tent collapse	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(n)	Did not collapse tent or dispose of contaminated material as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-106(o)	Failed to follow proper glovebag procedure during removal in tent	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-106(p)	Failed to conduct / document visual clearance inspection	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-107(a)	Failed to properly cordon off and restrict access to work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(b)	Failed to use proper foam or liquid during removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-107(c)	Failed to maintain blanket of foam or liquid during removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-107(d)	Failed to keep ACRM wet during bagging process	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(e)	Failed to ensure that all persons in work area wear proper boots / PPE	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(f)	Carried out abatement during adverse weather conditions	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(g)	Failed to properly locate worker/waste decons	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(h)	Failed to remove or plasticize movable objects	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(i)	Failed to properly seal openings/ensure adequate air supply	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(j)	Failed to plasticize fixed objects as specified	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(k)	Failed to blanket roofing material w/foam before removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-107(l)	Failed to use HEPA filters on power tools used in removal	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(m)	Failed to properly conduct cleanup procedures	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(n)	Failed to conduct / document proper visual inspection	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(o)	Failed to remove all plastic sheeting after visual inspection	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-107(p)	Failed to conduct required air monitoring	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(b)	Failed to use proper foam or liquid during removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-108(c)	Failed to maintain blanket of foam or liquid during removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-108(d)	Failed to keep ACM wet during bagging process	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(e)	Failed to ensure that all persons in work area wear proper boots / PPE	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(f)	Failed to plasticize baseboards and walls as specified	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(g)	Failed to provide negative pressure ventilation	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(h)	Failed to properly conduct cleanup procedures	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(i)	Failed to conduct or document proper visual inspection	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(j)	Failed to remove all plastic sheeting after visual inspection	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-108(k)	Failed to conduct required air monitoring	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(2)	Failed to establish restricted area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(3)	Allowed unauthorized persons to enter restricted area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(4)	Failed to inspect and pre-clean restricted area before plasticizing	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(5)	Failed to make all openings within 25 feet of affected ACM airtight	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(6)	Failed to construct/maintain/use scaffolding in accordance with federal/state/city laws	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(7)	Failed to properly construct/plasticize elevated platforms	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(8)	Failed to properly plasticize ground-level restricted area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(a)(9)	Failed to properly plasticize sidewalk bridges in restricted area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(b)	Failed to construct decon within restricted area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(c)	Failed to ensure that all persons in work area wear proper PPE	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(d)	Performed dry removal of ACM/failed to place ACM in leak tight containers	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(e)	Failed to follow proper cleanup procedure	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(f)	Failed to conduct required air monitoring	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(g)	Carried out abatement under adverse weather conditions	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-109(h)	Failed to use HEPA filters on power tools used in removal	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-110(a)	Demolished building w/ACM in place w/no danger of collapse	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-110(b)	Failed to submit copy of condemnation letter, declaration, order, or scope of work to DEP	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-110(c)	Failed to perform demolition as per Administrative Code § 28-215 / 56 NYCRR § 11.5	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-111(a)	Failed to bag/wrap/containerize waste immediately upon removal	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-111(b)	Failed to properly clean waste decon on completion of waste removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-111(c)	Failed to properly clean worker decon when required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-111(d)	Failed to stop work and dispose of excess water in work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(a)	Failed to HEPA vacuum all surfaces after removal of all visible ACM	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(b)	Failed to wet clean all surfaces in work area (first cleaning)	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-112(c)	Failed to apply lockdown encapsulant as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-112(d)	Failed to vacate area for 12 hrs after 1st cleaning	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(e)	Failed to remove 1st layer of surface barriers	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(f)	Failed to properly perform 2nd cleaning	$2,400	$1,500	$4,800	$2,400
15 RCNY § 1-112(g)	Failed to follow required procedures for third cleaning	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(h)	Failed to remove 2nd layer of surface barriers	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(i)	Failed to verify absence of ACM prior to clearance air monitoring	$2,400	$1,200	$4,800	$2,400
15 RCNY § 1-112(j)	Failed to remove containerized waste from work areas as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(k)	Failed to properly decontaminate or dispose of tools, equipment, etc.	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-112(l)	Removed isolation barriers before successful clearance air monitoring	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-112(m)	Failed to submit project monitor's report within 21 days of project completion	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(a)	Failed to post notice of asbestos project as required before abatement	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(b)	Failed to evacuate all occupants prior to abatement activities	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(c)	Failed to lock out electrical power and/or provide outside power as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-125(d)	Failed to install worker waste decon in required sequence	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(e)	Failed to lock out HVAC and/or install isolation barriers at ducts	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-125(f)	Commenced abatement prior to completion of work place preparation	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-125(g)	Used methods that raise dust during work area preparation	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(h)	Failed to properly preclean and/or remove movable objects from work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-125(i)	Failed to install required isolation barriers as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(j)	Failed to properly cover / seal cinderblock / porous construction material	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(k)	Failed to make flooring in work area watertight	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(l)	Disturbed contaminated ceiling tiles prior to full work area prep	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(m)	Failed to establish and maintain required means of egress	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-125(n)	Failed to lock entrances to work area against unauthorized entry	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(o)	Failed to maintain/secure/lock-out elevators running thru work area	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-125(p)	Failed to provide adequate external toilet facilities near clean room	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-126	Performed concurrent abatement & demolition or story removal	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-127(a)	Failed to bag/wrap/containerize waste immediately upon removal	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-127(b)	Failed to properly clean waste decon on completion of waste removal	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-127(c)	Failed to clean worker decon after shift/meal break as specified	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-127(d)	Failed to stop work and dispose of excess water in work area	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-128(a)	Failed to properly remove/containerize visible accumulations of ACM	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-128(b)	Failed to remove containerized waste from work area as required	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-128(c)	Failed to properly wet-clean / HEPA vac surfaces in work area	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-128(d)	Failed to properly clean and/or encapsulate plastic on porous material	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-128(e)	Failed to properly encapsulate surfaces in work area	$2,400	$1,500	$4,800	$3,000
15 RCNY § 1-128(f)	Failed to remove and decontaminate all tools and equipment as required	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-128(g)	Remove isolation barriers before final air clearance	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-128(h)	Failed to submit project monitor's report within 21 days of project completion	$2,400	$1,500	$4,800	$3,000

(b) Penalty Table for Violations of New York State Industrial Code.

Section	Violation Description	1st Offense Penalty	1st Offense Stipulation	2nd Offense Penalty	2nd Offense Stipulation
12 NYCRR Part 56	Violation of New York State Industrial Code Rule 56 - level 1	$4,800	$3,000	$9,600	$6,000
12 NYCRR Part 56	Violation of New York State Industrial Code Rule 56 - level 2	$2,400	$1,500	$4,800	$3,000
12 NYCRR Part 56	Violation of New York State Industrial Code Rule 56 - level 3	$1,200	$1,000	$2,400	$1,500

Section	Violation Description	1st Offense Penalty	1st Offense Stipulation	2nd Offense Penalty	2nd Offense Stipulation
Admin. § 24-136(h)	Resumed work in violation of stop-work order	$4,400	$2,750	$8,800	$5,500
Admin. § 24-1002	Violated Master Environmental Remediation Technician Law	$1,000	$1,000	$1,000	$1,000

(Added City Record 12/7/2018, eff. 1/6/2019; amended City Record 8/21/2019, eff. 9/20/2019; amended City Record 11/25/2022, eff. 12/25/2022)

Disclaimer: The Codes and other documents that appear on this site may not yet reflect the most current legislation or rules adopted by the City. In addition, certain textual errors and omissions may temporarily exist, resulting from problems in the source database provided to American Legal and from which this website was created. Although these errors and omissions are being corrected, any user discovering any such error is invited to please contact the publisher at NYC.editor@amlegal.com or at 800-445-5588 and/or the New York City Law Department at NYCCodeRulesCharter@law.nyc.gov.

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