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Nacmias Law Firm, PLLC

OATH Violations

DEP Violation Defense

We defend property owners and businesses against Department of Environmental Protection violations — noise, air quality, asbestos, hazardous materials, and water discharge — across all five boroughs.

Start Your Case ReviewCall 347-392-6356

Overview

What you need to know about DEP Violation.

The basics, what we do, and the issues we see most.

What is a NYC DEP violation, and what are the deadlines?

Quick Answer

A DEP violation is a notice from the Department of Environmental Protection — issued for noise, air quality, hazardous materials, water discharge, or asbestos. DEP summonses are heard at OATH. Penalties start at $200, escalating to $25,000+ for repeats. You have 30 days to answer or request a hearing before default.

Services we offer for DEP Violation.

DEP summonses are heard at OATH and follow tight deadlines — typically 30 days to answer or request a hearing. Here's what we do for property owners, contractors, and businesses facing environmental citations.

  • Appear at OATH hearings for DEP noise, air-quality, and asbestos summonses
  • Defend against construction noise after-hours violations with calibration records and inspector challenges
  • File asbestos abatement defenses including ACP-7 and ACP-9 compliance documentation
  • Negotiate stipulations to reduce DEP penalties on hazardous-materials and water-discharge citations
  • File Motions to Vacate Default for missed DEP hearings within the one-year window
  • Coordinate with environmental consultants for compliance plans and certification of correction
  • Represent multi-violation cases across DEP, ECB, and OATH simultaneously

Scenarios we see most.

  • Construction noise after permitted hours (weekday 7am-6pm)
  • Boiler emissions and air-quality citations
  • Asbestos abatement disputes — ACP-7 / ACP-9 notification issues
  • Hazardous materials storage or handling violations
  • Illegal water discharge into NYC sewer system
  • Refrigeration unit and HVAC noise complaints
  • Restaurant grease-trap and chemical-disposal violations
  • Repeat DEP violations triggering escalated penalties

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

DOB, FDNY, DEP, DSNY citations across residential and mixed-use portfolios.

Contractors & Developers

Work-without-permit, stop-work orders, and post-completion inspections.

Restaurants & Retail

DOHMH letter-grade hearings, FDNY suppression-system summonses, DCA licensing.

Co-op & Condo Boards

Façade Local Law 11, elevator inspections, building-wide compliance matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Assess violation and evidence

  2. 2

    Step 2 of 5

    Develop compliance plan

  3. 3

    Step 3 of 5

    Represent at DEP/OATH hearing

  4. 4

    Step 4 of 5

    Negotiate settlement

  5. 5

    Step 5 of 5

    Monitor ongoing compliance

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

How much is a typical DEP noise violation in NYC?

First-offense DEP noise violations start at $350 for residential and $875 for commercial sources under 15 RCNY § 31-04. Repeat offenders within 18 months face escalating penalties up to $24,000. Construction noise outside permitted hours (weekdays 7am-6pm) carries separate penalties.

Question 2

Where are DEP violation hearings held?

DEP-issued summonses are adjudicated at the Office of Administrative Trials and Hearings (OATH) at 66 John Street, 10th Floor, Manhattan. Phone hearings are available for many DEP matters. The respondent (or their attorney) does not need to appear in person if a phone hearing is selected at scheduling.

Question 3

Can I fight an asbestos violation if my contractor was licensed?

Yes. Common defenses include proof that the contractor was a NYC-certified asbestos handler, that proper notification was filed (ACP-7, ACP-9), and that air monitoring was conducted per 15 RCNY Chapter 1. The owner is not strictly liable if the contractor was responsible for the abatement protocol.

Question 4

What happens if I miss my DEP/OATH hearing?

You receive a default judgment for the maximum penalty plus a $50 default penalty. You have one year to file a Motion to Vacate Default under OATH Rules § 6-21. Vacating a default requires showing both a reasonable excuse for the absence and a meritorious defense to the underlying violation.

Question 5

Do I need a lawyer for a DEP violation?

Not legally required, but representation is recommended for recurring violations, asbestos matters, and any case where the penalty exceeds $5,000. An attorney can negotiate compliance stipulations that avoid a finding of guilt on your record.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Environmental Protection (DEP)

DEP manages New York City's water supply, wastewater treatment, and environmental protection programs.

External

Environmental Control Board (ECB)

The Environmental Control Board adjudicates violations of environmental laws, including noise, air quality, and other environmental regulati

Free case review

Facing a DEP or OATH violation?

Same-day response during business hours. An attorney reads every intake form. Flat-fee pricing on most matters.

Start Your Case ReviewCall 347-392-6356

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters