§ 36-02 Certification of Cure – Violation of § 24-165.
RCNY § 36-02
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(a)Pursuant to subdivision g of § 24-165 of the Code, the Commissioner may recommend to the Board that no civil penalty be imposed for a first violation of such section provided that, within 45 days after the return date, the respondent admits liability and files a certification with the Department containing the information and documentation prescribed in subdivision b of this section.
(b)The certification required by subdivision a of this section must be made by a licensed oil burner installer in a notarized letter to the Department that includes: (1) A certification that the air contaminant recorder is functioning properly and is in compliance with § 24-165 of the Code; and (2) A description of the work that was done to bring the device into compliance.
(c)If the Commissioner accepts the certification required by this section, he or she will recommend to the Board that no civil penalty be imposed for the violation. The violation may still serve as a predicate for purposes of imposing penalties for subsequent violations of § 24-165 of the Code.
