§ 19-103 Sanitation Penalty Schedule.

Default penalty. "Default penalty" shall mean the penalty imposed by the Office of Administrative Trials and Hearings acting pursuant to Section 1049-a of the Charter in accordance with subparagraph (d) of paragraph one of subdivision d of Section 1049-a of the Charter.

RCNY. "RCNY" shall mean the Rules of the City of New York.

(Added City Record 5/5/2017, eff. 6/4/2017; amended City Record 10/15/2021, eff. 11/14/2021)

§ 19-102 General.

(a) Unless otherwise indicated, all citations are to the New York City Administrative Code.

(b) Sections marked with an asterisk (*) indicate that a repeat violation is:

(1) a violation by the same respondent of the same section of law; and

(2) a violation that occurred within 12 months of the dates of 12 or more violations issued to the same respondent; and

(3) a violation that occurred at the same place of occurrence as the previous 12 violations.

(1) a violation by the same respondent of the same section of law as the previous violation(s); and

(2) a violation that occurred within 12 months of the date of the last violation issued to the same respondent.

(d) Sections marked with three asterisks (***) indicate that a second or third violation is:

(1) a violation by the same respondent of the same section of law as the previous violation(s); and

(2) a violation that occurred within 12 months of the date of the last violation issued to the same respondent; and

(3) the violation was issued to a natural person.

(e) Sections marked with five asterisks (*****) indicate that second or third violation is:

(1) a violation by the same respondent of the same section of law as the previous violation(s); and

(2) a violation that occurred within 18 months of the date of the last violation issued to the same respondent.

(f) A second or third violation for those violations found in 16 RCNY § 19-104, shall be:

(1) a violation by the same respondent of the same section of law as the previous violation(s); and

(2) a violation that occurred within three years of the date of the last violation issued to the same respondent.

(g) A second or third violation for those violations found in 16 RCNY § 19-106, shall be:

(1) a violation by the same respondent of any provisions of the rules found in 16 RCNY Chapter 8, or of § 16-117.1 of the New York City Administrative Code, and

(2) where the date of occurrence of the current violation is within two years of the date of the prior violation.

(h) For those violations found in 16 RCNY § 19-106, where a hearing officer finds that the respondent is a worker, defined as an individual employee working under the direction of another whose job duties permit no exercise of judgment or discretion), the penalty will be $500.

(Added City Record 5/5/2017, eff. 6/4/2017; amended City Record 10/15/2021, eff. 11/14/2021)

§ 19-103 Sanitation Penalty Schedule.

Section of Law	Description	Offense	Penalty	Default Penalty
16-116(b)	Posting of sign/permit		50	50
16-118(1)(a)**	Littering	1st	75	112
		2nd	300	375
		3rd	400	400
16-118(1)(a)**	Sweep-out	1st	75	112
		2nd	300	375
		3rd	400	400
16-118(1)(a)**	Throw-out	1st	75	112
		2nd	300	375
		3rd	400	400
16-118(1)(b)**	Spitting	1st	75	112
		2nd	300	375
		3rd	400	400
16-118(2)(a)**	Dirty sidewalk	1st	50	300
		2nd	100	300
		3rd	100	300
16-118(2)(a)**	Dirty Area	1st	50	300
		2nd	100	300
		3rd	100	300
16-118(2)(a)**	Failure to Clean 18" Into Street	1st	50	300
		2nd	100	300
		3rd	100	300
16-118(2)(a)**	Sidewalk obstruction	1st	50	300
		2nd	100	300
		3rd	100	300
16-118(2)(b)*	Dirty Sidewalk (Vacant Lot)*		100	300
16-118(2)(b)*	Dirty Area (Vacant Lot)*		100	300
16-118(2)(b)*	Sidewalk Obstruction (Vacant Lot)*		100	300
16-118(2)(b)*	Failure to Clean 18" Into Street (Vacant Lot)*		100	300
16-118(2)(b)*	Repeat Violation		250	300
16-118(3)**	Dust or substances flying	1st	50	450
		2nd	100	450
		3rd	100	450
16-118(4)**	Spillage from receptacle	1st	100	450
		2nd	250	450
		3rd	350	450
16-118(4)**	Spillage from truck	1st	200	200
		2nd	350	350
		3rd	450	450
16-118(4)***	Littering from a Motor Vehicle	1st	200	200
		2nd	350	350
		3rd	450	450
16-118(6)**	Noxious liquids	1st	100	450
		2nd	250	450
		3rd	350	450
16-118(6)**	Public Urination	1st	75	112
		2nd	250	375
		3rd	350	400
16-118(7)	Preventing or otherwise interfering with work of DSNY employee		100	300
16-120(a)**	Improper Disposal	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(a)**	Insufficient Receptacles	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(a)**	Broken Receptacles	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(a)**	Uncovered Receptacles	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(a)**	Improper Disposal – Bedding	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(a)**	Improper receptacles	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(b)**	Separation and weight	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(c)**	Storage of receptacles	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(d)**	Loose rubbish	1st	50	300
		2nd	100	300
		3rd	200	300
16-120(e)(1)**	Improper Disposal (DSNY Litter Basket)	1st	100	100
		2nd	250	250
		3rd	350	350
16-120(e)(2)**	Improper Disposal	1st	75	75
		2nd	300	300
		3rd	400	400
16-122(b)	Street obstruction		100	150
16-122(c)	Disabled vehicle		100	150
16-123**	Snow, ice and dirt removal	1st	100	350
		2nd	150	350
		3rd	250	350
16-127(a)	Earths, rocks and rubbish		50	100
16-327(a)	Failure to dispose of solid waste and recyclable materials properly (street events)		$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.	$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.
16-327(b)(1)	Failure to provide sufficient number of refuse and recycling receptacles for street event		$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.	$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.
16-327(b)(2)	Spillage condition from overflowing receptacle (Street events)		$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.	$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.
16-327(b)(3)	Failure to properly bag and/or bundle refuse and recyclables		$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.	$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.
16-327(b)(4)	Failure to place bagged and/or bundled refuse and recyclables at predetermined location		$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.	$100 per violation. Maximum: Up to $500 per day or $2,000 per street event.
16 RCNY § 1-04.2	Improper disposal of electronic waste		100	100
16 RCNY § 5-06(a)(3)	Vehicle Body – Improper color		250	500
16 RCNY § 5-06	Misc. Violation of vehicle body specifications		250	500
10-117(a)	Illegal placement of stickers or decals on public or private property		150	500
10-117.3(b)	Failure to remove graffiti		150	300
10-119**	Illegal posting of handbill / notice	1st	75	200
		2nd	150	200
10-119**	Posting on a tree	1st	150	200
		2nd	300	550
10-120*	Defacement of City handbill / notice	1st	75	200
		2nd	150	200
NYS General Business Law § 397-a	Placement of unsolicited advertisements on private property in a manner contrary to sign authorized by General Business Law § 397-a.		250	250
NYS Public Health Law § 1310	Failure to remove canine waste		250	250
NYS Vehicle and Traffic Law § 375(1)*****	Unlawful Placement of Handbills on Vehicles	1st	75	100
		2nd	150	200
NYS Vehicle and Traffic Law § 1224(7)	Abandoned Vehicle		250	1,000
NYS Environmental Conservation Law § 27-1701(3)	Improper disposal of lead acid battery		50	50
16-117.1	Improper transport/storage/disposal of asbestos waste		1,000	10,000
16-117.1	Hazardous transportation/storage/disposal of asbestos waste		10,000	10,000

(Added City Record 5/5/2017, eff. 6/4/2017; amended City Record 10/15/2021, eff. 11/14/2021)

§ 19-104 Sanitation Solid Waste Transfer Station and Intermodal Penalty Schedule.

Section of Law	Description	Offense	Penalty	Default Penalty
16-130(b)	Operating a non-putrescible solid waste transfer station without a permit	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY §§ 4-01 et seq.	Commissioner's transfer station rule (non-putrescible waste)	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16-130(b)	Operating a putrescible waste transfer station without a permit.	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY §§ 4-11 et seq.	Commissioner's transfer station rule (putrescible waste)	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16-130(b)	Operating dump or fill material operation without a permit	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY §§ 3-02 et seq.	Commissioner's rule (dump and fill material operation)	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY §§ 4-32, 4-33, 4-34	Violation of transfer station Rules re: siting / hours / reports / plans	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16-130(b)	Operating an intermodal solid waste container facility without a registration	1st	2,500	10,000
		2nd	5,000	10,000
		3rd and sub.	10,000	10,000
16 RCNY § 4-44(c)	Failure to handle intermodal containers in a safe and sanitary manner	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 4-44(g)	Failure to maintain solid waste received at the facility for transports in intermodal containers	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 4-44(h)	Failure of intermodal containers to meet the specification requirements set forth in 16 RCNY § 4-43	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 4-44(i)	Failure to maintain and/or provide records	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 4-44(j)	Failure to remove intermodal containers containing putrescible waste within 72 hours of receipt.	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 4-44(l)	Failure to store equipment within the property lines.	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000

(Added City Record 10/15/2021, eff. 11/14/2021)

§ 19-105 Sanitation Medical Waste Penalty Schedule.

Section of Law	Description	Offense	Penalty	Default Penalty
16-120.1*****	Improper disposal of infectious/medical waste	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16-120.1(d)	Improper disposal of regulated household waste		100	250
16-120.1(e)*****	Failure to file DEC medical waste plans	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16-120.1(f)*****	Failure to file DEC medical waste plans/amended plans	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16-120.1(e) or (f)	Late filing of medical waste plans or reports within 30 days as per 16-120.1(i)(6)		100	250
16 RCNY § 11-02(a) *****	Failure to file DEC Medical Waste Plans	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 11-02(b) *****	Failure to File Medical Waste Plans / Amended Plans	1st	2,500	10,000
		2nd	5,000	10,000
		3rd	10,000	10,000
16 RCNY § 11-02(a), (b)	Late Filing of Medical Waste Plans or Reports Within 30 days as per 16 RCNY § 11-02(c)		100	250
16 RCNY § 1-04	Improper disposal of regulated household waste		100	250

(Added City Record 10/15/2021, eff. 11/14/2021)

§ 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
	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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