(a) Whenever a respondent is found in violation of any of the following provisions of the Rules of the City of New York, any civil penalties imposed by a hearing officer pursuant to 48 RCNY § 6-17(a) in accordance with Section 1049-a(d)(1)(d) of the Charter 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) A second offense occurs when a respondent is found to be in violation of the same section of the rules twice within two years. A third offense occurs when a respondent is found to be in violation of the same section of the rules for the third time within two years.
(c) Mitigation is available for first offenses where respondent has satisfied the conditions set forth in the "Mitigation" column of the penalty schedule set forth below.
(d) "Default" refers to a failure by respondent to appear or to make a request to reschedule.
(e) "Stipulation" means an admission of the violation and agreement to pay the specified penalty.
(Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 12/9/2019, eff. 1/8/2020)
(a) Penalty Table.
Rule | Description | Violation | |||
Penalty | Mitigation | Default | Stipulation | ||
Rule | Description | Violation | |||
Penalty | Mitigation | Default | Stipulation | ||
15 RCNY § 19.1-03.3(b)(1) | Performing development activity in connection with a covered development project without a Stormwater Construction Permit from the department.
| Fine may be reduced if a DEP inspector has inspected the site and confirmed that construction has been stopped prior to the first hearing date, and the permit application is received on or before the first hearing date. | Yes | ||
1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
2nd offense | $6,000 | $8,000 | $6,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
15 RCNY § 19.1-03.3(b)(6) | Failure to have a written authorization to disturb greater than five (5) acres of soi.
| Yes | |||
1st offense
| $2,500 | $5,000 | $2,500 | ||
2nd offense
| $5,000 | $10,000 | $5,000 | ||
3rd offense
| $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(6)(i) | Failure to have a qualified inspector conduct at least two site inspections (in accordance with the NYSDEC Construction General permit) every seven calendar days as long as greater than five acres of soil are disturbed.
| Yes | |||
1st offense | $2,000 | $3,000 | $2,000 | ||
2nd offense | $3,000 | $6,000 | $3,000 | ||
3rd offense | $4,000 | $9,000 | $4,000 | ||
15 RCNY § 19.1-03.3(b)(9)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit.
| Yes | |||
1st offense | $1,500 | $3,000 | $1,500 | ||
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(i) | Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit resulting or likely to result in a discharge that causes a substantial visible contrast to natural conditions of the waters of the state.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
2nd offense | $5,000 | $10,000 | $5,000 | ||
3rd offense | $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(9)(i) | Failure to implement pollution prevention measures included in the approved SWPPP.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate erosion and sediment control/pollution prevention practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and the applicable terms and conditions of the permit have been met. | Yes | ||
1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
2nd offense | $5,000 | $10,000 | $5,000 | ||
3rd offense | $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(9)(i) | Failure to install and maintain erosion and sediment control practices in compliance with approved SWPPP.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
1st offense | $3,000 | $1,500 | $6,000 | $3,000 | |
2nd offense | $5,000 | $10,000 | $5,000 | ||
3rd offense | $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(9)(i) | Failure to follow the construction phasing plan included in the approved SWPPP.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, an amended phasing plan that has been approved by the department. | Yes | ||
1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
2nd offense | $5,000 | $10,000 | $5,000 | ||
3rd offense | $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(9)(i) | Failure to implement the temporary and permanent stabilization plans in accordance with the approved SWPPP. | Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate stabilization measures are in place, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met. | Yes | ||
1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
2nd offense | $5,000 | $10,000 | $5,000 | ||
3rd offense | $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(9)(ii) or (iii) | Failure to renew or extend a stormwater construction permit.
| Fine may be reduced if the applicant renews the permit at least one week prior to the first hearing date. | Yes | ||
1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
2nd offense | $6,000 | $8,000 | $6,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
15 RCNY § 19.1-03.3(b)(9)(iv) | Failure to notify the department prior to starting construction.
| Yes | |||
1st offense | $1,000 | $3,000 | $1,000 | ||
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(v) | Failure to post the stormwater construction permit at the site.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the permit has been posted at the work site. | Yes | ||
1st offense | $1,000 | $1,500 | $3,000 | $1,000 | |
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(vi) | Failure to retain a copy of the SWPPP at the development site.
| Yes | |||
1st offense | $1,000 | $3,000 | $1,000 | ||
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(vii) | Failure of the trained contractor to document daily inspections and/or corrective actions.
| Yes | |||
1st offense | $1,000 | $3,000 | $1,000 | ||
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(viii) | Failure to have a qualified inspector inspect at an appropriate interval and document inspections.
| Fine may be reduced if the inspection reports for the required days, dated and signed by a Qualified Inspector, are submitted to DEP on or before the first hearing date. | Yes | ||
1st offense | $1,000 | $500 | $3,000 | $1,000 | |
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(viii) | Failure to begin to implement corrective actions within one business day of Qualified Inspector report.
| Yes | |||
1st offense | $2,000 | $4,000 | $2,000 | ||
2nd offense | $3,000 | $6,000 | $3,000 | ||
3rd offense | $4,000 | $8,000 | $4,000 | ||
15 RCNY § 19.1-03.3(b)(9)(ix) | Failure to notify the department of a temporary shutdown or inspect the site during a temporary shutdown.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the site is stabilized, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the site will be inspected every 30 days and immediately after rainfall events of more than 1.5". | Yes | ||
1st offense | $2,500 | $1,500 | $5,000 | $2,500 | |
2nd offense | $5,000 | $10,000 | $5,000 | ||
3rd offense | $7,500 | $10,000 | $7,500 | ||
15 RCNY § 19.1-03.3(b)(9)(x) | Failure to submit a closure plan prior to terminating construction.
| Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the site is stabilized and a closure plan is submitted to the Department for review | Yes | ||
1st offense | $3,000 | $1,000 | $6,000 | $3,000 | |
2nd offense | $6,000 | $8,000 | $6,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
15 RCNY § 19.1-03.3(b)(9)(xi) | Failure to submit amendments.
| Fine may be reduced if a minor amendment(s) submission is received by DEP at least one week prior to the first hearing date. | Yes | ||
1st offense | $1,000 | $500 | $3,000 | $1,000 | |
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(b)(9)(xii) | Failure to submit major amendments to the SWPP for review and approval.
| Yes | |||
1st offense | $1,500 | $3,000 | $1,500 | ||
2nd offense | $3,000 | $6,000 | $3,000 | ||
3rd offense | $4,000 | $8,000 | $4,000 | ||
15 RCNY § 19.1-03.3(b)(12) | Failure to maintain records of all inspections and tests required throughout the period of construction and for 5-years after the completion of construction.
| Fine may be reduced if records of all inspections and tests required through the period of construction and for 5-years after the completion of construction are submitted to DEP at least one week prior to the first hearing date. | Yes | ||
1st offense | $1,000 | $3,000 | $1,000 | ||
2nd offense | $2,000 | $6,000 | $2,000 | ||
3rd offense | $3,000 | $9,000 | $3,000 | ||
15 RCNY § 19.1-03.3(c)(1)(i) | Failure to obtain a stormwater maintenance permit. | Yes | |||
1st offense | $3,000 | $6,000 | $3,000 | ||
2nd offense | $4,000 | $8,000 | $4,000 | ||
3rd offense | $5,000 | $10,000 | $5,000 | ||
15 RCNY § 19.1-03.3(c)(3)(i) | Failure to document activities in compliance with operation and maintenance plan.
| Yes | |||
1st offense | $2,000 | $5,000 | $2,000 | ||
2nd offense | $3,000 | $7,500 | $3,000 | ||
3rd offense | $4,000 | $10,000 | $4,000 | ||
15 RCNY § 19.1-03.3(c)(3)(ii) | Failure to submit annual certification to the department.
| Yes | |||
1st offense | $1,500 | $3,000 | $1,500 | ||
2nd offense | $3,000 | $6,000 | $3,000 | ||
3rd offense | $4,500 | $9,000 | $4,500 | ||
15 RCNY § 19.1-03.3(c)(3)(iii) | Failure to renew a stormwater maintenance permit.
| Yes | |||
1st offense | $3,000 | $6,000 | $3,000 | ||
2nd offense | $4,000 | $8,000 | $4,000 | ||
3rd offense | $5,000 | $10,000 | $5,000 | ||
15 RCNY § 19.1-03.3(c)(3)(iv) | Failure to notify the department of a change of ownership.
| Yes | |||
1st offense | $3,000 | $6,000 | $3,000 | ||
2nd offense | $4,000 | $8,000 | $4,000 | ||
3rd offense | $5,000 | $10,000 | $5,000 | ||
15 RCNY § 19.1-03.3(c)(4)(i) | Failure to get approval to modify a practice covered by a stormwater maintenance permit.
| Fine may be reduced if a DEP inspector has inspected and confirmed that construction is suspended before the first hearing date, and an application for modification is received by DEP at least one week before the first hearing date | Yes | ||
1st offense | $3,000 | $1,500 | $6,000 | $3,000 | |
2nd offense | $4,000 | $8,000 | $4,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
15 RCNY § 19.1-03.3(c)(5) | Failure to maintain a stormwater management practice in good working condition to meet the applicable design standards.
| Fine may be reduced if, at least one week prior to the first hearing date DEP receives photos of the repaired or replaced stormwater management practice, and a signed written certification by a qualified professional that the stormwater management practice is repaired and in good working condition. | Yes | ||
1st offense | $3,000 | $1,500 | $6,000 | $3,000 | |
2nd offense | $4,000 | $8,000 | $4,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
15 RCNY § 19.1-03.3(c)(6) | Failure to keep and maintain records.
| Yes | |||
1st offense | $3,000 | $6,000 | $3,000 | ||
2nd offense | $6,000 | $9,000 | $6,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
Administrative Code § 24-558 | Failed to comply with a stop work order.
| Yes | |||
1st offense | $3,000 | $6,000 | $3,000 | ||
2nd offense | $6,000 | $9,000 | $6,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
Administrative Code § 24-558 | Failure to keep a stop work order posted until rescinded by the commissioner.
| Yes | |||
1st offense | $3,000 | $6,000 | $3,000 | ||
2nd offense | $6,000 | $9,000 | $6,000 | ||
3rd offense | $8,000 | $10,000 | $8,000 | ||
(Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 12/9/2019, eff. 1/8/2020; amended City Record 9/20/2022, eff. 10/20/2022)