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§ 19-106 Sanitation Asbestos Waste Penalty Schedule.
 
Section of Law
Violation Description
Offense
Penalty
Aggravating Circumstance: Visible Emission or Adult Exposure
Aggravating Circumstance: Child Exposure
Mitigation: No Knowledge
Mitigation: Small Quantity
Section of Law
Violation Description
Offense
Penalty
Aggravating Circumstance: Visible Emission or Adult Exposure
Aggravating Circumstance: Child Exposure
Mitigation: No Knowledge
Mitigation: Small Quantity
PRESENT FOR STORAGE OF ASBESTOS WASTE:
16 RCNY § 8-03(a)(1)
Not Wet
1st
4,000
8,000
9,000
-1,000
-500
2nd
5,000
10,000
11,000
N/A
-1,000
16 RCNY § 8-03(a)(2)
Uncontained, unsealed
1st
7,000
14,000
15,000
-2,000
N/A
2nd
8,000
16,000
18,000
N/A
N/A
16 RCNY § 8-03(a)(2)
Not 6 mil
1st
5,000
10,000
11,000
-2,000
-1,000
2nd
6,000
12,000
14,000
N/A
-1,000
16 RCNY § 8-03(a)(2)
No Warning Label
1st
1,000
N/A
N/A
-500
-200
2nd
1,500
N/A
N/A
N/A
-500
16 RCNY § 8-03(a)(3)
Mixed w/ other waste
1st
5,000
10,000
11,000
-2,000
-1,000
2nd
6,000
12,000
14,000
N/A
-1,000
STORAGE OF ASBESTOS WASTE:
16 RCNY § 8-04(a)(1)
Uncontained, unsealed
1st
12,000
24,000
25,000
-4,000
N/A
2nd
14,000
25,000
25,000
N/A
N/A
16 RCNY § 8-04(a)(1)
Not wet, not 6 mil
1st
10,000
20,000
22,000
-4,000
-2,000
2nd
11,000
22,000
24,000
N/A
-2,000
16 RCNY § 8-04(a)(1)
No warning label
1st
2,000
N/A
N/A
-1,000
-500
2nd
3,000
N/A
N/A
N/A
-500
16 RCNY § 8-04(a)(2)
No 24 hour inspection
1st
2,000
4,000
N/A
-1,000
-500
2nd
3,000
6,000
N/A
N/A
-500
16 RCNY § 8-04(a)(3)
Inadequate spare leak-tight containers
1st
3,000
N/A
N/A
-1,000
-500
2nd
4,000
N/A
N/A
N/A
-500
16 RCNY § 8-04(a)(4)
Inadequate water supply
1st
3,000
N/A
N/A
-1,000
-500
2nd
4,000
N/A
N/A
N/A
-500
16 RCNY § 8-04(a)(5)
Mixed with other waste
1st
7,000
14,000
15,000
-2,000
-1,000
2nd
8,000
16,000
18,000
N/A
-1,000
16 RCNY § 8-04(a)(6)
Unsecured area
1st
6,000
N/A
N/A
-2,000
-1,000
2nd
7,000
N/A
N/A
N/A
-1,000
16 RCNY § 8-04(b)
50 cu. Yds/no authorization
1st
3,000
N/A
N/A
-1,000
N/A
2nd
4,000
N/A
N/A
N/A
N/A
16 RCNY § 8-04(b)(1)(i)
50 cu. Yds/ no inspection records
1st
2,000
5,000
N/A
-1,000
N/A
2nd
3,000
6,000
N/A
N/A
N/A
PRESENT FOR TRANSPORT ASBESTOS WASTE:
16 RCNY § 8-05(a)
Uncontained, unsealed
1st
14,000
25,000
25,000
-4,000
N/A
2nd
16,000
25,000
25,000
N/A
N/A
16 RCNY § 8-05(a)
Not wet, not 6 mil
1st
12,000
24,000
25,000
-4,000
-2,000
2nd
14,000
25,000
20,000
N/A
-2,000
16 RCNY § 8-05(a)
No warning label
1st
3,000
N/A
N/A
-1,000
-500
2nd
4,000
N/A
N/A
N/A
-500
16 RCNY § 8-05(b)
Without inspection
1st
3,000
6,000
7,000
-1,000
-500
2nd
4,000
8,000
9,000
N/A
-500
16 RCNY § 8-05(c)
Mixed with other waste
1st
8,000
16,000
18,000
-2,000
-1,000
2nd
9,000
18,000
20,000
N/A
-2,000
16 RCNY § 8-05(d)(1)
Transporter w/o DEC permit
1st
3,000
N/A
N/A
N/A
N/A
2nd
4,000
N/A
N/A
N/A
N/A
16 RCNY § 8-05(d)(2)
Transporter w/o DCA permit
1st
3,000
N/A
N/A
N/A
N/A
2nd
4,000
N/A
N/A
N/A
N/A
TRANSPORT ASBESTOS WASTE:
16 RCNY § 8-06(a)
Uncontained, unsealed
1st
16,000
25,000
25,000
-5,000
N/A
2nd
18,000
25,000
25,000
N/A
N/A
16 RCNY § 8-06(a)
Not wet, not 6 mil
1st
12,000
24,000
25,000
-4,000
-2,000
2nd
14,000
25,000
25,000
N/A
-2,000
16 RCNY § 8-06(a)
No warning label
1st
4,000
N/A
N/A
-1,000
-500
2nd
5,000
N/A
N/A
N/A
-1,000
16 RCNY § 8-06(b)
No examination, unsafe packaging
1st
4,000
8,000
9,000
-1,000
-500
2nd
5,000
10,000
11,000
N/A
-1,000
16 RCNY § 8-06(c)
Inadequate spare leak-tight containers
1st
4,000
N/A
N/A
-1,000
-500
2nd
5,000
N/A
N/A
N/A
-1,000
16 RCNY § 8-06(d)
Inadequate water supply
1st
4,000
N/A
N/A
-1,000
-500
2nd
5,000
N/A
N/A
N/A
-1,000
16 RCNY § 8-06(e)
Mixed with other waste
1st
9,000
18,000
20,000
-4,000
-2,000
2nd
10,000
20,000
22,000
N/A
-2,000
16 RCNY § 8-06(f)
Unprotected container
1st
9,000
18,000
20,000
-4,000
-2,000
2nd
10,000
20,000
22,000
N/A
-2,000
16 RCNY § 8-06(g)
Lacking DEC permit
1st
4,000
N/A
N/A
N/A
N/A
2nd
5,000
N/A
N/A
N/A
N/A
16 RCNY § 8-06(h)
Lacking DCA permit
1st
4,000
N/A
N/A
N/A
N/A
2nd
5,000
N/A
N/A
N/A
N/A
PRESENT FOR DISPOSAL ASBESTOS WASTE
16 RCNY § 8-07(a)
Unapproved site
1st
10,000
20,000
22,000
-4,000
-2,000
2nd
12,000
24,000
25,000
N/A
-2,000
16 RCNY § 8-07(b)
Non-compliance w/ order
1st
9,000
18,000
20,000
N/A
N/A
2nd
10,000
20,000
22,000
N/A
N/A
16 RCNY § 8-07(c)
Uncontained, unsealed
1st
18,000
25,000
25,000
-6,000
N/A
2nd
20,000
25,000
25,000
N/A
N/A
16 RCNY § 8-07(c)
Not wet, not 6 mil
1st
16,000
25,000
25,000
-5,000
-3,000
2nd
18,000
25,000
25,000
N/A
-3,000
16 RCNY § 8-07(c)
No warning label
1st
5,000
N/A
N/A
-2,000
-1,000
2nd
6,000
N/A
N/A
N/A
-1,000
16 RCNY 8-07(d)
No examination, unsafe repackaging
1st
5,000
10,000
11,000
-2,000
-1,000
2nd
6,000
12,000
14,000
N/A
-1,000
16 RCNY § 8-07(e)
Mixed with other waste
1st
10,000
20,000
22,000
-4,000
-2,000
2nd
12,000
24,000
25,000
N/A
-2,000
ABANDONMENT:
16 RCNY § 8-08
Abandonment of Asbestos waste
1st
20,000
25,000
25,000
-6,000
-4,000
2nd
22,000
25,000
25,000
N/A
-4,000
 
(Added City Record 10/15/2021, eff. 11/14/2021)

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