§ 4-15 Suspension or Revocation.
RCNY § 4-15
(a)Notwithstanding any provisions of the permit to the contrary, the Department of Sanitation specifically reserves the right to suspend such permit temporarily or to revoke it permanently after notice and hearing as provided in this section when the Commissioner or his/her designee has found that the holder of such permit (the "permittee") has violated the terms of this Chapter or of the applicable sections of the Administrative Code or the Environmental Conservation Law or has violated any other applicable permit condition, law or rule.
(b)(1) Notice shall be given to the permittee within a reasonable time prior to the hearing may, as provided in Chapter 10 of this Title 16, in the discretion of the Commissioner, be held before a hearing officer designated by the Commissioner or before an administrative law judge employed by the Office of Administrative Trials and Hearings (OATH). Such notice shall include: (i) the date, time and place of the hearing; (ii) the legal authority and jurisdiction under which the hearing is to be held, including reference to the particular sections of the laws and/or rules involved; (iii) a plain statement of the matters to be adjudicated, including reference to the particular sections of the permit conditions, laws and/or rules involved; and (iv) a statement advising the permittee of the option of an alternative dispute resolution proceeding ("ADP") pursuant to subdivision (c) of this section, except where the Commissioner has determined, pursuant to paragraph (4) of such subdivision, that such option shall be unavailable.
(2)Any recommended decision, final decision, determination or order issued pursuant to this section shall be communicated in writing to the permittee, or stated in the record if the permittee is present, and shall include findings of fact, conclusions of law and penalties to be assessed, if any. A copy of the final decision, determination or order shall be delivered or mailed promptly to the permittee.
(3)If the Commissioner finds in the final decision, determination or order that the permittee has violated any applicable permit condition, law or rule, the permit may be suspended or revoked. A decision to suspend or revoke may also include a direction to the permittee to take such remedial action as may be necessary to cure such violation.
(4)Where a permit issued pursuant to this subchapter is suspended pursuant to this section, the permittee shall demonstrate that the putrescible solid waste transfer station has been brought into compliance with the applicable permit conditions, laws or rules before the suspension may be lifted.
(c)The Commissioner or his/her designee may advise the permittee of the option of an ADP, once proper notice has been given, in lieu of the formal administrative proceeding established in subdivision (b) of this section.
(1)An ADP shall consist of a meeting between the permittee and the Commissioner's representative, wherein the permittee may offer a refutation, explanation, excuse or justification relative to the alleged violation. An ADP shall be informal and non-adversarial. However, the permittee shall be permitted to have representation at the ADP.
