§ 47-02 Noise Code Penalty Schedule.

All Citations are to the NYC Administrative Code unless otherwise indicated.

A stipulation penalty is imposed if there is a "Y" (Yes) in the Stipulation column in the Penalty Schedule rather than a "N" (No), and if a stipulation is offered and accepted at a hearing.

Definition of 2nd and/or 3rd and/or 4th offense: By the same respondent of the same provision of law, order, rule or regulation as the previous violation and, if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, at the same premises as the previous violation (all violations committed within two years).

Pursuant to 48 RCNY § 3-17, a late admit fee of $30.00 will be added to all the below listed penalties for a failure to submit a payment by mail within 30 days of the mailing date of the default order issued against respondent.

Asterisk (*): In connection with § 24-231(a), a zero penalty shall be imposed for admission of a first offense upon submission to DEP (within 30 days of NOV issuance unless extended by DEP) of acceptable certification of compliance as set forth in § 24-231(b)(1).

(Mitigation: 0 1 ) A zero penalty shall be imposed for a first offense upon submission to DEP (within 30 days of NOV issuance unless extended by DEP) of acceptable certification of compliance and admission of liability by respondent.

Section of Law	Violation Description	Compliance	Offense	Penalty	Default Penalty	Stipulation
10-108	Noise from sound device exceeding permit levels	Reduce noise to conform to permit forthwith	1st	250	250	N
			2nd	500	500	N
			3rd	750	750	N
			4th	1,000	1,000	N
24-206(c)	Failed to Comply with Commissioner's Order to Provide Access for Testing	Allow access forthwith	1st	220	875	N
			2nd	440	1,750	N
			3rd	660	2,625	N
24-207(c)	Refused DEP entry into public area(s) of premises	Allow entry forthwith	1st	350	875	Y
			2nd	700	1,750	N
			3rd	1,050	2,625	N
24-207(d)	Refusal to allow authorized employee to perform sound testing	Allow sound testing forthwith	1st	350	875	Y
			2nd	700	1,750	N
			3rd	1,050	2,625	N
24-208	Operating equipment without a valid registration	Obtain registration forthwith	1st	350	875	Y
			2nd	700	1,750	N
			3rd	1,050	2,625	N
24-209	Interfering w/or obstructing DEP Personnel	Cease interference with adm. personnel - forthwith	1st	350	875	Y
			2nd	700	1,750	Y
			3rd	1,050	2,625	N
24-210	False/misleading statements: unlawful repro/alteration of documents	Submit documented information - forthwith	1st	350	875	N
			2nd	700	1,750	N
			3rd	1,050	2,625	N
24-211	Failure to post certificate or tunneling permit	Post certificate forthwith	1st	350	875	Y
			2nd	700	1,750	Y
			3rd	1,050	2,625	N
24-216(d)	Failure to comply with noise abatement contract requirements	Comply with abatement requirements forthwith	1st	650	2,625	Y
			2nd	1,300	5,250	N
			3rd	1,950	7,875	N
24-218(a)	Causing or permitting unreasonable noise (7 a.m. to 10 p.m.)	Cease unreasonable noise forthwith	1st	75	100	Y
			2nd	150	225	Y
			3rd	350	500	N
24-218(a)	Causing or permitting unreasonable noise (10 p.m. to 7 a.m.)	Cease unreasonable noise forthwith	1st	75	150	Y
			2nd	150	250	Y
			3rd	350	500	N
24-218(a-1)	Causing or permitting unreasonable noise for commercial activities or purposes or through a device installed within or upon a building	Cease unreasonable noise forthwith	1st	350	1,000	Y
			2nd	700	2,000	Y
			3rd	1,050	3,000	N
24-218(e)	Failure to comply with Commissioner's Order or mitigation measures re noise from refuse collection facility	Comply with Commissioner's Order forthwith	1st	350 (mitigation: 0 1 )	1,000	Y
			2nd	700	2,000	Y
			3rd	1,050	3,000	N
24-218.1	Use of mobile telephones in a place of public performance		1st	0	0	Y
			2nd	50	50	Y
			3rd	50	50	Y
24-220(a)	Failure to adopt/implement Noise Mitigation Plan for construction site	Adopt Mitigation Plan forthwith	1st	875	1,400	Y
			2nd	1,750	2,800	N
			3rd	2,625	4,200	N
24-220(b)	Inadequate / insufficiently detailed noise mitigation plan	Provide additional information to Noise Plan forthwith	1st	440	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-220(b)	Failure to ensure that all construction workers are familiar with noise mitigation plan	Inform workers about noise mitigation plan requirements forthwith	1st	440	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-220(c)	Failure to keep/have available for inspection copy of noise mitigation plan	Make plan available forthwith	1st	440	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-220(d)	Failure to amend noise mitigation plan	Amend noise mitigation plan forthwith	1st	440	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-220(e)	Failure to file noise mitigation plan when required	File noise mitigation plan forthwith	1st	400	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-222	Construction activities at impermissible times/days	Cease construction activities at impermissible times/days forthwith	1st	1,400	3,500	Y
			2nd	2,800	7,000	N
			3rd	4,200	10,500	N
24-223(b)	Failure to submit certification for emergency work within 3 days of starting work	Submit certification forthwith	1st	875	3,500	Y
			2nd	1,750	7,000	N
			3rd	2,625	10,500	N
24-223(d)(1)	Excessive noise as measured from a residential receiving property above 8dB(A).	Stop operation of device causing exceedance.	1st	560	875	Y
			2nd	1,120	1,750	N
			3rd	1,680	2,625	N
24-223(d)(2)	Noise from a construction site in excess of 85 dB(A) that is not within 200 feet of a residential receptor.	Stop operation of device causing exceedance.	1st	560	875	Y
			2nd	1,120	1,750	N
			3rd	1,680	2,625	N
24-223(d)(3)	Noise from a construction site in excess of 80 dB(A) within 200 feet of a residential receptor.	Stop operation of device causing exceedance.	1st	560	875	Y
			2nd	1,120	1,750	N
			3rd	1,680	2,625	N
24-223(d)(4)	Noise from street construction work in excess of 85 dB(A).	Stop operation of device causing exceedance.	1st	560	875	Y
			2nd	1,120	1750	N
			3rd	1,680	2,625	N
24-223.1(d)	Violation of Stop Work Order.	Stop work and/or operation of device that is the cause of the stop work order.	1st	560	875	Y
			2nd	1,120	1,750	N
			3rd	1,680	2,625	N
24-224	Construction work not in compliance with noise mitigation plan	Stop construction work forthwith	1st	1,400	3,500	Y
			2nd	2,800	7,000	N
			3rd	4,200	10,500	N
24-225(a)	Sell / offer / operate / permit operation of refuse compacting vehicle producing excessive noise	Stop operation of compacting vehicle forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-225(b)	Operate / cause operation of refuse compacting vehicle producing excessive noise (11 p.m. to 7 a.m.)	Stop operation of compacting vehicle forthwith	1st	700	1,400	Y
			2nd	1,400	2,800	N
			3rd	2,100	4,200	N
24-226(a)	Operating air compressor without appropriate muffler w/no exhaust leaks	Stop operation of air compressor forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-226(b)	Excessive noise from air compressor (measured @ 1 meter)	Stop operation of air compressor forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-226(c)	Excessive noise from air compressor (measured @ receiving property)	Stop operation of air compressor forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-227(a)	Noise from circulation device in excess of 42 dB(A)	Stop operation of circulation device forthwith	1st	220 (mitigation: 0 1)	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
24-227(b)	Cumulative impact from circulation device exceeded 45 dB(A)	Stop operation of circulation device forthwith	1st	220 (mitigation: 01)	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
24-227(c)	Failure to reduce cumulative impact from multiple circulation devices exceeding 50 dB(A)	Reduce cumulative impact noise from circulation device forthwith	1st	220 (mitigation: 01)	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
24-228	Unreasonable noise from construction devices	Stop operation of construction device forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-228.1	Unreasonable noise from engine exhaust	Stop operation of engine exhaust forthwith	1st	560	875	Y
			2nd	1,120	1,750	N
			3rd	1,680	2,625	N
24-229	Unreasonable noise from handling/transporting of container or construction material	Stop handling and transportation of construction material forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-230(a)	Operation/caused operation of paving breaker w/o pneumatic discharge muffler	Use paving breaker with pneumatic discharge muffler forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-230(b)	Sold/offer for sale/operate/permit operation of paving breaker producing over 95 dB(A)	Stop operation of paving breaker forthwith	1st	560	1,400	Y
			2nd	1,120	2,800	N
			3rd	1,680	4,200	N
24-231(a)*	Made / caused / permitted music from commercial establishment in excess of permitted levels	Cease operation of commercial music forthwith	1st	2,000	8,000	N
			2nd	4,000	16,000	N
			3rd	6,000	24,000	N
24-231(d)	Violation of variance from limits set forth in 24-231(a)	Cease operation of commercial music forthwith	1st	560	875	N
			2nd	1,120	1,750	N
			3rd	1,680	2,625	N
24-232(a)	Excessive noise from sound source @ commercial or business establishment	Stop operation of sound source forthwith	1st	440 (mitigation: 0 1 )	1,400	N
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-233(a)	Unreasonable noise: personal audio device	Stop operation of personal audio device forthwith	1st	70	175	Y
			2nd	140	350	Y
			3rd	210	525	N
24-233(b)(1)	Unreasonable noise – personal audio device (public right-of-way)	Stop operation of personal audio device forthwith	1st	140	175	Y
			2nd	280	350	Y
			3rd	420	525	N
24-233(b)(2)	Unreasonable noise – personal audio device (motor vehicle)	Stop operation of personal audio device forthwith	1st	140	350	Y
			2nd	280	700	N
			3rd	420	1,050	N
24-234	Excess noise from sound reproduction device on rapid transit (subway, bus, ferry)	Stop operation of sound reproduction device forthwith	1st	70	175	Y
			2nd	140	350	Y
			3rd	210	525	N
24-235	Permitting animal to cause unreasonable noise	Cease permitting animal to cause unreasonable noise forthwith	1st	70	175	Y
			2nd	140	350	Y
			3rd	210	525	Y
24-236(a)	Excess noise from motor vehicles (10,000 lbs. or less)	Stop operating vehicle that causes excessive noise forthwith	1st	210	525	Y
			2nd	420	1,050	N
			3rd	840	1,575	N
24-236(b)	Excess noise from motorcycles	Stop operating motorcycle that causes excessive noise forthwith	1st	880	1,440	Y
			2nd	1,720	2,800	N
			3rd	2,600	4,200	N
24-236(c)	Excess noise from motor vehicles (10,000 lbs. or greater)	Stop operating vehicle that causes excessive noise forthwith	1st	880	1,440	Y
			2nd	1,720	2,800	N
			3rd	2,600	4,200	N
24-236(d)	Non-emergency use of compression brake system	Stop using compression brake for non-emergencies forthwith	1st	880	1,440	Y
			2nd	1,720	2,800	N
			3rd	2,600	4,200	N
24-236(e)	Causing or permitting the total sound from motor vehicle operating on a public right-of-way to exceed the sound level set forth in section 386 of the New York State Vehicle and Traffic Law and any applicable rules	Stop causing or permitting the total sound of such a motor vehicle to exceed the sound level set forth in section 386 of the New York State Vehicle and Traffic Law and any applicable rules forthwith	1st	800	875	Y
			2nd	1,700	1,750	N
			3rd	2,500	2,625	N
24-237(a)	Unauthorized use of motor vehicle claxon	Cease use of claxon forthwith	1st	350	1,000	Y
			2nd	700	2,000	Y
			3rd	1,050	3,000	N
24-237(b)	Unauthorized use of motor vehicle air horn/gong	Cease use of air horn forthwith	1st	350	875	Y
			2nd	700	1,750	Y
			3rd	1,050	2,625	N
24-237(c)	Unauthorized use of steam whistle	Cease use of steam whistle forthwith	1st	350	875	Y
			2nd	700	1,750	Y
			3rd	1,050	2,625	N
24-237(d)	Improper use of sound signal device (food vendor)	Cease use of sound signal device forthwith	1st	350	1,000	Y
			2nd	700	2,000	Y
			3rd	1,050	3,000	Y
24-238(a)	Improper audible burglar alarm/no automatic termination	Cease use of burglar alarm forthwith	1st	220	700	Y
			2nd	440	1,400	Y
			3rd	660	2,100	N
24-238(b)	Audible status indicator on motor vehicle in operation	Cease use of status indicator forthwith	1st	220	700	Y
			2nd	440	1,400	Y
			3rd	660	2,100	N
24-239(b)	Vehicle owner failure to display owner's local precinct number	Display local precinct number forthwith	1st	100	350	Y
			2nd	200	700	Y
			3rd	300	1,050	N
24-241(a)	Unauthorized use of emergency signal device	Cease use of signal device	1st	440	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-241(b)	Failed to file certification regarding test of emergency signal device	File certification forthwith	1st	440	1,400	Y
			2nd	880	2,800	N
			3rd	1,320	4,200	N
24-242(a)	Operating lawn care devices at unauthorized times or so as to create unreasonable noise	Stop operation of lawn care device forthwith	1st	220	875	Y
			2nd	440	1,750	Y
			3rd	660	2,625	Y
24-242(b)	Operation of leaf blower without muffler	Stop operation of lawn care device forthwith	1st	220	875	Y
			2nd	440	1,750	Y
			3rd	660	2,625	Y
24-244(a)	Unreasonable noise from sound reproduction device	Cease operation of sound reproduction device forthwith	1st	440	1,750	Y
			2nd	880	3,500	N
			3rd	1,320	5,250	N
24-244(b)	Unreasonable noise from sound reproduction device for commercial/bus. advert. Purposes	Cease operation of sound reproduction device forthwith	1st	440	1,750	N
			2nd	880	3,500	N
			3rd	1,320	5,250	N
24-245	Failure to have operating certificate or tunneling permit	Obtain permit forthwith	1st	1,050	2,625	N
			2nd	2,100	5,250	N
			3rd	3,150	7,875	N
24-257(b)(7)	Breaking of Board ordered seal	Cease tampering with seal - forthwith	1st	1,600	4,000	N
			2nd	1,600	4,000	N
			3rd	2,480	4,000	N
Admin. Code Title 24	Miscellaneous violation of Noise Control Code or Rules	N/A	1st	220	875	Y
			2nd	440	1,550	N
			3rd	660	2,425	N
15 RCNY § 28-100	Failed To Conspicuously Post an Accurate and Complete Construction Noise Mitigation Plan (CNMP)	Post complete Plan forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-101(a)	Failed To Self-Certify Equipment Maintenance in CNMP	Certify equipment forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-101(a)	Failed to Exercise Noise Mitigation Option Within 5 Business Days of Construction Tool Exceeding Noise Standard	Replace tool with equipment that complies with noise standard forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(b)	Failed to Equip Construction Equipment with Noise Reduction Device	Equip construction equipment with noise reduction device	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(c)	Failed to Mitigate Noise From Internal Combustion Engine	Mitigate noise from internal combustion engine forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(d)	Failed to Cover Compressors / Generators / Pumps with Noise-Insulating Fabric	Cover compressor with noise insulating fabric forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(g)	Failed to Use Perimeter Noise Barriers	Use noise perimeter barriers forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(h)	Failed to Create and Utilize Noise Mitigation Training Program	Create and utilize training program forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-101(i)	Failed to Coordinate Work Schedule with Sensitive Facility Receptor	Coordinate work schedule forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-101(j)	Failure to Comply with CNMP or File Alternative Plan w/in 3 Days of Inspection	Comply with CNMP or file Alternative Plan forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(l)	Failed to Utilize Temporary Barrier	Use temporary barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-101(m)	Failed to Utilize Noise Barrier on Sandblasting Perimeter Barrier	Use noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(1)(B)(ii)	Failed to Use Specified Pile Driver When Working w/in 100 ft. of Receptor	Use specified pile driver forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(1)(B)(iii)	Failed to Equip Pile Driver w/Exhaust Muffler	Equip pile driver with muffler forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(1)(B)(v)	Failed to Pre-Augur / Pre-Trench Pile Holes	Pre-augur / pre-trench holes forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(1)(B)(vi)	Failed to Properly Secure Impact Cushions to Piles	Secure cushions to piles forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(1)(C)(i)-(iv)	Failed to Properly Construct Portable Noise Barrier	Construct portable noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(B)(iii)	Failed to Equip Jackhammer With Effective Muffler	Equip jackhammer with muffler forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(C)(i)	Failed to Properly Construct Portable Noise Barrier	Properly construct portable barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(C)(ii)	Exceeded Maximum Height of 15 Feet for Free-Standing Barrier	Reduce barrier height to 15 Feet forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(C)(iii)(b)	Failed to Use Multiple Tents for Multiple Jackhammers	Use multiple tents forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(C)(iii)(c)	Failed to Move Noise Tents as Jackhammer Work Progresses	Move tents forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(C)(iii)(d)	Failed to Use Double Layer of Mitigation During Emergency Jackhammering w/in 500 ft. of Residential Receptor	Use double layer of mitigation forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(2)(C)(iii)(e)	Failed to Use Tents on Either Side of Jackhammer Where Surrounded by Receptors	Use tents forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(3)(B)(iii)	Failed to Wrap Noise Shroud Around Head of Hoe Ram w/in 200 ft. of Receptor	Use wrap shroud forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(3)(C)(i-iv)	Failed to Properly Construct Portable Noise Barrier	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(4)(C)(i)	Failed to Lay Heavy Rubber Blast Mats Over Blast Site	Lay heavy mats forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (a)(4)(C)(ii-iii)	Failed to Properly Construct Portable Noise Barrier	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (b)(1)(B)(iv)	Failed to Cover Vac-Truck's Suction Component w/Noise-Reducing Enclosure	Cover vac truck with noise reducing enclosure forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (b)(1)(C)(i-iv)	Failed to Properly Construct Portable Noise Barrier	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (c)(1)(B)(ii)	Failed to Install Bed Liner	Install bed liner forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (c)(1)(B)(v)	Failed to Equip Truck with Effective Muffler	Equip truck with effective muffler forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (c)(1)(B)(vii)	Failed to Keep Housing Doors Closed During Engine Operation	Close housing doors during engine operation forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (c)(1)(C)(i)-(iii)	Failed to Properly Construct Portable Noise Barrier	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(1)(B)(v)	Failed to Equip Crane with Effective Muffler	Equip crane with effective muffler forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(2)(B)(i)	Failed to Equip Auger Drill Rig with Effective Muffler	Equip auger drill with effective muffler forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(2)(B)(ii)	Failed to Lubricate All Moving Parts of Auger Drill Rig	Lubricate all moving parts of auger drill forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(2)(B)(iii)	Failed to Properly Clear Debris From Drill Bits	Clean all debris from drill bits forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(2)(C)(i)-(iv)	Failed to Properly Construct Portable Noise Barriers	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(3)(A)(i)	Failed to Properly Install Street Plates	Properly install street plates forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(4)(A)(i)(a)-(c)	Failed to Equip Work Vehicles with Proper Backup Alarms	Equip work vehicles with proper backup alarm forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (d)(4)(B)(ii)-(iv)	Failed to Properly Construct Portable Noise Barriers	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (e)(1)(C)(i)-(iii)	Failed to Properly Construct Portable Noise Barriers	Construct proper noise barrier forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (e)(1)(C)(iv)	Failed to Use Multiple Tents During Use of Multiple Concrete Saws	Use multiple tents forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (e)(1)(C)(v)	Failed to Move Noise Tent As Concrete Saw Work Progressed	Move tents forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (e)(1)(C)(vi)	Failed to Use Double Layer of Mitigation for Noise Barrier During Emergency Concrete Sawing within 500 ft. of Residential Receptor	Use double layer of mitigation forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-102 (e)(1)(C)(vii)	Failed to Use Two Tents on Either Side of Saw When Surrounded by Receptors	Use two tents on either side of saw forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-104	Failed to File Alternative Noise Mitigation Plan (ANMP)	File ANMP forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-105	Failed to Conspicuously Post Utility Noise Mitigation Plan (UNMP)	Conspicuously post UNMP forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-106(a)	Failed to Self-Certify Equipment Maintenance in UNMP	Certify equipment forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-106(a)	Failed to Exercise Noise Mitigation Option within 5 Days of Construction Tool Exceeding Noise Standard	Replace tool with equipment that complies with noise standard forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-106(b)	Failed to Equip Construction Tool with Noise Reduction Device	Equip tool with noise reduction device	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-106(c)	Failed to Comply with Additional Noise Mitigation Measures for Specialized Vehicles	Use additional noise mitigation measures for specialized trucks forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-106(d)	Failed to Cover Equipment with Noise-Insulating Fabric	Cover equipment with noise insulating fabric forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-106(h)	Failed to Properly Install and Secure Street Plates	Properly install street plates forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N
15 RCNY § 28-106(i)	Failed to Notify Residents within 200 Feet of Construction Activity	Notify residents forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-106(j)	Failed to Respond to Noise Complaints/Notice from DEP	Respond to notice forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-106(l)	Failed to Create and Utilize Noise Mitigation Training Program	Create and utilize training program forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-106(m)	Failed to Coordinate Work Schedule with Sensitive Receptor Owner	Coordinate work schedule forthwith	1st	220	875	Y
			2nd	440	1,750	N
			3rd	660	2,625	N
15 RCNY § 28-106(n)	Failed to Correct Excessive Noise Condition/File ANMP	Correct excessive noise and/or file ANMP forthwith	1st	440	875	Y
			2nd	880	1,750	N
			3rd	1,320	2,625	N

 

(Added City Record 2/22/2017, eff. 3/24/2017; amended City Record 5/8/2017, eff. 6/7/2017; amended City Record 9/5/2018, eff. 10/5/2018; amended City Record 10/20/2021, eff. 11/19/2021; amended City Record 2/17/2022, eff. 3/19/2022; amended City Record 11/18/2022, eff. 11/18/2022)