§ 4-59 Enforcement and Compliance.
RCNY § 4-59
(a)The Department reserves the right to conduct lawful inspections during business hours to ensure compliance with this subchapter.
(b)Where a notice of violation is issued for a violation of any of the provisions of this subchapter, such notice shall be returnable to the ECB or court of appropriate jurisdiction, which shall have the power to impose the civil penalties provided.
(c)The Department shall issue a warning letter to a recycling processing facility that fails to comply with 16 RCNY § 4-52, 16 RCNY § 4-53 or 16 RCNY § 4-57. Such warning letter shall give the recycling processing facility 30 days to submit proof of having cured the violating condition. Any recycling processing facility that does not submit proof of having cured such violating condition within the 30 day time period shall be issued a notice of violation by the Department and shall be liable for a civil penalty of $2,500.00 for the first offense, $5,000.00 for the second offense and $10,000.00 for each subsequent offense committed within any three year period.
(d)Any recycling processing facility that violates 16 RCNY § 4-54 shall be liable for a civil penalty of $2,500.00 for the first offense, $5,000.00 for the second offense and $10,000.00 for each subsequent offense committed within any three year period.
(e)Any recycling processing facility that violates 16 RCNY § 4-55 or 16 RCNY § 4-56 shall be liable for (1) a criminal fine of $1,500.00 or imprisonment not to exceed 48 hours, or both, or (2) a civil penalty of $1,500.00 for the first offense and $3,000.00 for each subsequent offense within an 18-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this paragraph, each receipt from a separate motor vehicle of Department-marked material shall constitute a separate violation for which a criminal fine or civil penalty may be imposed. (Added City Record 9/23/2016, eff. 10/23/2016)
