§ 53-02 Air Asbestos Penalty Schedule.
RCNY § 53-02
(a)Penalty Table for Violations of Title 15 of the Rules of the City of New York. SectionViolation Description1st Offense Penalty1st Offense Stipulation2nd Offense Penalty2nd Offense StipulationSectionViolation Description1st Offense Penalty1st Offense Stipulation2nd Offense Penalty2nd Offense Stipulation15 RCNY § 1-01(c)Failure of asbestos handler supervisor to comply with all provisions of Asbestos Rules$1,200$1,000$2,400$1,50015 RCNY § 1-01(e)Knowingly made a false statement or submitted a false document to DEP or any individual or city agency $2,400$1,500$4,800$3,00015 RCNY § 1-01(f)Did not permit DEP inspection of asbestos project/abatement activities$2,400$1,500$4,800$3,00015 RCNY § 1-01(g)Interfered with or obstructed DEP personnel$2,400$1,500$4,800$3,00015 RCNY § 1-01(h)Engaged in unprofessional conduct$1,200$1,000$2,400$1,50015 RCNY § 1-03(a) Failed to generate an approved variance (v2 Form) by entering start date in ARTS $1,200$1,000$2,400$1,50015 RCNY § 1-03(j)Failed to place ACP-7 in postponed status in ARTS until variance application approved $1,200$1,000$2,400$1,50015 RCNY § 1-16(a)(1)Conducted building survey and hazard assessment without DEP certification$2,400$1,500$4,800$3,00015 RCNY § 1-16(h)Failed to sign/affix valid investigators seal to plan or report as required$1,200$1,000$2,400$1,50015 RCNY § 1-21(a)Failed to comply with reporting and filing requirements$2,400$1,500$4,800$3,00015 RCNY § 1-21(b)Failed to calculate project size and scope as required$2,400$1,500$4,800$3,00015 RCNY § 1-22(b)Failed to submit required certification to Buildings Dept$2,400$1,500$4,800$3,00015 RCNY § 1-23(c)Failed to file required Asbestos Assessment Report (ACP-5) with Buildings Dept$2,400$1,500$4,800$3,00015 RCNY § 1-25(c)Failed to file required Asbestos Assessment Report (ACP-5) with Buildings Dept$2,400$1,500$4,800$3,00015 RCNY § 1-25(d)Failed to notify DEP in writing of any change on project notification$1,200$1,000$2,400$1,50015 RCNY § 1-26(a)Failed to obtain asbestos abatement permit when required$4,800$3,000$9,600$6,00015 RCNY § 1-26(b)(4)Failed to comply with work place safety plan$4,800$3,000$9,600$6,00015 RCNY § 1-26(c)(3)Failed to maintain/provide record of final inspection$2,400$1,500$4,800$3,00015 RCNY § 1-26(e)Failed to terminate asbestos abatement permit w/in 1 yr. of issuance$4,800$3,000$9,600$6,00015 RCNY § 1-26(f)Failed to maintain required insurance during work permitted work$1,200$1,000$2,400$1,50015 RCNY § 1-26(h)Commenced permitted work prior to permit issuance$1,200$1,000$2,400$1,50015 RCNY § 1-26(i)Failed to submit letter to ATRU regarding additional asbestos on projects with WPSP$1,200$1,000$2,400$1,50015 RCNY § 1-27(b)Failed to immediately notify DEP of emergency project as required$2,400$1,500$4,800$3,00015 RCNY § 1-27(c)Failed to notify DEP by ARTS E-File of emergency project within 48 hours $2,400$1,500$4,800$3,00015 RCNY § 1-28(a)Failed to maintain permanent records of asbestos surveys as required$2,400$1,500$4,800$3,00015 RCNY § 1-28(b)Failed to compile complete records of asbestos survey as required$1,200$1,000$2,400$1,50015 RCNY § 1-28(c)Failed to properly record work by non-certified individual as required$1,200$1,000$2,400$1,50015 RCNY § 1-28(d)Failed to maintain records of asbestos surveys for 30 years$1,200$1,000$2,400$1,50015 RCNY § 1-28(e)Failed to make asbestos survey records available for inspection by DEP$2,400$1,500$4,800$3,00015 RCNY § 1-28(f)Failed to properly store records or report damage/loss/destruction of records$2,400$1,500$4,800$3,00015 RCNY § 1-28(g)Failed to respond to DEP request for production of records $2,400$1,500$4,800$3,00015 RCNY § 1-29(a)Failed to properly maintain project record$1,200$1,000$2,400$1,50015 RCNY § 1-29(b)Failed to properly maintain project summary$1,200$1,000$2,400$1,50015 RCNY § 1-29(c)Failed to make project record or project summary available for inspection in a timely manner$1,200$1,000$2,400$1,50015 RCNY § 1-29(d)Failed to maintain air monitor project summary$1,200$1,000$2,400$1,50015 RCNY § 1-29(e)Failed to store records to minimize possibility of water damage $1,200$1,000$2,400$1,50015 RCNY § 1-32 Performed abatement activities without air monitoring $4,800$3,000$9,600$6,00015 RCNY § 1-36(a)Failed to retain independent third party air monitor$4,800$3,000$9,600$6,00015 RCNY § 1-36(b)Failed to have technician present during air sample collection$1,200$1,000$2,400$1,50015 RCNY § 1-36(c)Use lab without required qualifications to perform bulk sample analysis$2,400$1,500$4,800$3,00015 RCNY § 1-36(d)Used lab without required qualifications to perform air sample analysis$2,400$1,500$4,800$3,00015 RCNY § 1-36(e)Employed unqualified analyst to perform air sample analysis (TEM)$2,400$1,500$4,800$3,00015 RCNY § 1-37(a)Failed to perform bulk sampling as required$1,200$1,000$2,400$1,50015 RCNY § 1-37(b)Failed to utilize area air sampling equipment for PCM per 60 NIOSH 7400$1,200$1,000$2,400$1,50015 RCNY § 1-37(c)Failed to utilize area air sampling equipment for TEM as required$1,200$1,000$2,400$1,50015 RCNY § 1-37(d)Failed to use appropriate air sampling pump calibrated by rotometer$1,200$1,000$2,400$1,50015 RCNY § 1-37(e)Failed to properly inspect and label air sampling equipment $1,200$1,000$2,400$1,50015 RCNY § 1-37(f)Failed to create/maintain air sampling log$2,400$1,500$4,800$3,00015 RCNY § 1-38(a)Failed to assess/identify exact locations and quantities of ACM / PACM / misc. ACM$2,400$1,500$4,800$9,60015 RCNY § 1-38(b)Failed to collect bulk samples and submit for analysis$2,400$1,500$4,800$3,00015 RCNY § 1-38(c)Failed to comply with sampling requirements$2,400$1,500$4,800$3,00015 RCNY § 1-38(d)Sample collected by unauthorized person or outside physical presence of certified asbestos inspector $4,800$3,000$9,600$6,00015 RCNY § 1-41(a)Failed to conduct air sampling in accordance with required schedule$4,800$3,000$9,600$6,00015 RCNY § 1-41(b)Failed to conduct pre-abatement air sampling as required$1,200$1,000$2,400$1,50015 RCNY § 1-41(c)Failed to conduct air sampling during abatement as required$2,400$1,500$4,800$3,00015 RCNY § 1-41(d)Failed to conduct post-abatement air sampling as required$2,400$1,500$4,800$3,00015 RCNY § 1-42(a)Utilized improperly located air samplers$1,200$1,000$2,400$1,50015 RCNY § 1-42(b)Failed to locate ambient samplers properly$1,200$1,000$2,400$1,50015 RCNY § 1-42(c)Failed to have a chain of custody record for air samples$2,400$1,500$4,800$3,00015 RCNY § 1-42(d)Failed to follow specified area sampling schedule for air monitoring$2,400$1,500$4,800$3,00015 RCNY § 1-42(e)Failed to conduct air sampling for small projects as required$2,400$1,500$4,800$3,00015 RCNY § 1-43(a)Failed to confirm absence of visible ACM before final air monitoring$2,400$1,200$4,800$3,00015 RCNY § 1-43(b)Failed to properly place required number of samplers in work area$1,200$1,000$2,400$1,50015 RCNY § 1-43(c)Failed to properly place samplers outside work area$1,200$1,000$2,400$1,50015 RCNY § 1-43(d)Failed to conduct aggressive sampling according to required procedures$2,400$1,500$4,800$3,00015 RCNY § 1-43(e)Area air samples did not meet schedule for post-abatement monitoring$2,400$1,500$4,800$3,00015 RCNY § 1-43(f)Failed to reclean and re-sample in areas that failed clearance as required$2,400$1,500$4,800$3,00015 RCNY § 1-43(g)Failed to meet release criteria for any independent work area$2,400$1,500$4,800$3,00015 RCNY § 1-44(a)Failed to analyze and report PCM area air samples as required$2,400$1,500$4,800$3,00015 RCNY § 1-44(b)Failed to analyze and report TEM area air samples as required$2,400$1,500$4,800$3,00015 RCNY § 1-44(c)Failed to analyze and report bulk sample as required$1,200$1,000$2,400$1,50015 RCNY § 1-44(d)Failed to submit bulk/air sampling results w/in 5 days of DEP request$2,400$1,500$4,800$3,00015 RCNY § 1-45(a)Failed to follow proper procedures when action criteria exceeded$4,800$3,000$9,600$6,00015 RCNY § 1-45(b)Failed to meet clearance and/or reoccupancy criteria$2,400$1,500$4,800$3,00015 RCNY § 1-51(a)Employed uncertified workers on an asbestos project$4,800$3,000$9,600$6,00015 RCNY § 1-51(b)Failed to have supervisor present during abatement activities$4,800$3,000$9,600$6,00015 RCNY § 1-51(c)Allowed persons inside work place w/out proper protective clothing$4,800$3,000$9,600$6,00015 RCNY § 1-51(d)Failed to perform person air monitoring as per OSHA standards$2,400$1,500$4,800$3,00015 RCNY § 1-51(e)Failed to meet personal hygiene requirements at work site$1,200$1,000$2,400$1,50015 RCNY § 1-51(f)Failed to have required info at work place$2,400$1,500$4,800$3,00015 RCNY § 1-51(g)Failed to post asbestos warning signs at all approaches to work place$2,400$1,500$4,800$3,00015 RCNY § 1-51(h)Failed to affix required warning labels to all ACM waste containers$2,400$1,500$4,800$3,00015 RCNY § 1-61(a)Did not store replacement materials outside work area as required$2,400$1,500$4,800$3,00015 RCNY § 1-61(b)Used replacement materials which did not comply with NYC Code and regulations$1,200$1,000$2,400$1,50015 RCNY § 1-61(c)Failed to use plastic of 6-mil thickness or greater for plasticizing$2,400$1,500$4,800$3,00015 RCNY § 1-61(d)Used duct tape and/or adhesive incapable of properly sealing plastic$2,400$1,500$4,800$3,00015 RCNY § 1-61(e)Failed to use and/or label 6-mil bags or containers for ACM as required$2,400$1,500$4,800$3,00015 RCNY § 1-61(f)Failed to enclose ACM in airtight manner with impact resistant material$2,400$1,500$4,800$3,00015 RCNY § 1-61(g)Failed to use HEPA filtration as required on power tools$1,200$1,000$2,400$1,50015 RCNY § 1-61(h)Failed to provide ladders/scaffolds and/or seal joints/ends of same$2,400$1,500$4,800$3,00015 RCNY § 1-61(h)(1)Failed to properly use ladders in the conduct of abatement activities $2,400$1,500$4,800$3,00015 RCNY § 1-61(h)(2)Failed to properly seal scaffold joints / ends or failed to properly use scaffolds in the conduct of abatement activities $2,400$1,500$4,800$3,00015 RCNY § 1-61(h)(3)Failed to protect walking / working surfaces from danger of tripping or stepping into holes / openings $2,400$1,500$4,800$3,00015 RCNY § 1-61(i)Failed to use UL listed and approved electrical equipment$1,200$1,000$2,400$1,50015 RCNY § 1-61(j)Failed to use non-carcinogenic / non-toxic chemicals$4,800$3,000$9,600$6,00015 RCNY § 1-61(k)Failed to use non-combustible / fire-retardant materials$4,800$3,000$9,600$6,00015 RCNY § 1-61(l)Failed to obtain DEP approval for substitute equipment/material$1,200$1,000$2,400$1,50015 RCNY § 1-81(a)Failed to post notice of asbestos project as specified$1,200$1,000$2,400$1,50015 RCNY § 1-81(b)Failed to post floor plan as specified$1,200$1,000$2,400$1,50015 RCNY § 1-81(c)Failed to vacate work place prior to and during abatement activities$4,800$3,000$9,600$6,00015 RCNY § 1-81(d)Failed to provide power from outside the work area thru GFI at source$4,800$3,000$9,600$6,00015 RCNY § 1-81(e)Failed to install worker decon in required sequence$4,800$3,000$9,600$6,00015 RCNY § 1-81(f)Did not limit disturbance of ACM before erecting partition as required$2,400$1,500$4,800$3,00015 RCNY § 1-81(g)Failed to lockout/isolate heating/ventilation/air conditioning system$4,800$3,000$9,600$6,00015 RCNY § 1-81(h)Commenced abatement prior to completion of work place preparation$4,800$3,000$9,600$6,00015 RCNY § 1-81(i)Failed to properly pre-clean and remove movables and/or cover carpet$1,200$1,000$2,400$1,50015 RCNY § 1-81(j)Failed to remove flammables/extinguish ignition sources$2,400$1,500$4,800$3,00015 RCNY § 1-81(k)Failed to properly pre-clean and plasticize fixed objects in work area$1,200$1,000$2,400$1,50015 RCNY § 1-81(l)Failed to use temporary emergency lighting when required$1,200$1,000$2,400$1,50015 RCNY § 1-81(m)Failed to properly pre-clean the work area prior to plasticizing$2,400$1,500$4,800$3,00015 RCNY § 1-81(n)Failed to install isolation barriers over all openings to work place$4,800$3,000$9,600$6,00015 RCNY § 1-81(o)(1)-(3)Did not segregate work area from work site with partitions as required$4,800$3,000$9,600$6,00015 RCNY § 1-81(o)(4)-(5)Failed to construct partitions to ensure unobstructed means of egress$4,800$3,000$9,600$6,00015 RCNY § 1-81(p)Failed to properly seal floors and walls with 2 layers of 6-mil plastic$4,800$3,000$9,600$6,00015 RCNY § 1-81(q)Failed to remove/clean ceiling-mounted objects not previously sealed$1,200$1,000$2,400$1,50015 RCNY § 1-81(r)Removed contaminated ceiling tiles prior to full work area preparation$2,400$1,500$4,800$3,00015 RCNY § 1-81(s)Failed to lock entrances not used for workers or as emergency exits$2,400$1,500$4,800$3,00015 RCNY § 1-81(t)Failed to properly maintain/check exits$4,800$3,000$9,600$6,00015 RCNY § 1-81(u)Failed to post/maintain exit signs in work area$1,200$1,000$2,400$1,50015 RCNY § 1-81(v)Failed to post/maintain no smoking signs in work place$1,200$1,000$2,400$1,50015 RCNY § 1-81(w)Failed to properly seal and/or cover floor drains, pits, sumps, etc.$1,200$1,000$2,400$1,50015 RCNY § 1-81(x)Did not maintain, secure, lockout elevators running thru work area$4,800$3,000$9,600$6,00015 RCNY § 1-81(y)Failed to provide adequate toilet facilities in vicinity of clean room$1,200$1,000$2,400$1,50015 RCNY § 1-81(z)Failed to have fire extinguisher(s) in work place$1,200$1,000$2,400$1,50015 RCNY § 1-82(a)Failed to provide or locate worker decon outside work area as required$4,800$3,000$9,600$6,00015 RCNY § 1-82(b)Failed to construct worker decon as specified$4,800$3,000$9,600$6,00015 RCNY § 1-82(c)Failed to fully line worker decon with 2 layers of opaque 6-mil plastic$2,400$1,500$4,800$3,00015 RCNY § 1-82(d)Failed to secure/weatherproof outside or publicly accessible decon$2,400$1,500$4,800$3,00015 RCNY § 1-82(e)Failed to provide proper prefabricated or trailer worker decon$1,200$1,000$2,400$1,50015 RCNY § 1-82(f)Failed to construct and/or maintain clean room as required$1,200$1,000$2,400$1,50015 RCNY § 1-82(g)Failed to install and/or maintain shower room as required$2,400$1,500$4,800$3,00015 RCNY § 1-82(h)Failed to provide shower filtration system as specified$2,400$1,500$4,800$3,00015 RCNY § 1-82(i)Failed to properly use or maintain equipment room$1,200$1,000$2,400$1,50015 RCNY § 1-83(a)Failed to properly construct waste decon as specified$4,800$3,000$9,600$6,00015 RCNY § 1-83(b)Failed to locate/install waste/worker decon where 1 exit exists$2,400$1,500$4,800$3,00015 RCNY § 1-83(c)Failed to construct waste decon in accordance with 15 RCNY § 1-82(a),(c),(d),(e),(f),(g),(h)$2,400$1,500$4,800$3,00015 RCNY § 1-84(a)Failed to properly construct alternative worker/waste decon for small project$4,800$3,000$9,600$6,00015 RCNY § 1-84(b)Failed to properly utilize alternative worker/waste decon for small project$4,800$3,000$9,600$6,00015 RCNY § 1-91(a)Failed to utilize negative pressure ventilation equipment$4,800$3,000$9,600$6,00015 RCNY § 1-91(a)(1)Failed to use manometer to document pressure differential$1,200$1,000$2,400$1,50015 RCNY § 1-91(b)Failed to use negative pressure ventilation equipment 24 hrs/day$4,800$3,000$9,600$6,00015 RCNY § 1-91(c)Did not maintain static negative air pressure of 0.02 in. water column$4,800$3,000$9,600$6,00015 RCNY § 1-91(d)Failed to turn on negative air units 1 by 1 to check barrier integrity$2,400$1,500$4,800$3,00015 RCNY § 1-91(e)Failed to use dedicated power supply for negative air units$2,400$1,500$4,800$3,00015 RCNY § 1-91(f)Failed to utilize/properly locate negative air cutoff switch$4,800$3,000$9,600$6,00015 RCNY § 1-91(g)Failed to follow procedures for loss of power to negative Air units$4,800$3,000$9,600$6,00015 RCNY § 1-91(h)Failed to provide required air changes in work area$2,400$1,500$4,800$3,00015 RCNY § 1-91(i)Failed to make openings for negative air units airtight$1,200$1,000$2,400$1,50015 RCNY § 1-91(j)Used negative air units not in compliance w/ANSI 9.2 standards$4,800$3,000$9,600$6,00015 RCNY § 1-91(k)Operated negative air system contrary to EPA report 560/5-85 (1985)$4,800$3,000$9,600$6,00015 RCNY § 1-91(l)Failed to exhaust negative air units to outside as required$2,400$1,500$4,800$3,00015 RCNY § 1-91(m)Failed to properly use second negative air unit in series as required$2,400$1,500$4,800$3,00015 RCNY § 1-91(n)Failed to install ducting to prevent fiber release$1,200$1,000$2,400$1,50015 RCNY § 1-91(o)Failed to smoke test/inspect/monitor ducts to ensure no fiber release$1,200$1,000$2,400$1,50015 RCNY § 1-92(a)(1)Workers / visitors failed to enter work area through worker decontamination system $2,400$1,500$4,800$3,00015 RCNY § 1-92(a)(2)Failed to submit / maintain log $2,400$1,500$4,800$3,00015 RCNY § 1-92(a)(3)Failed to ensure all individuals are familiar with workplace entry requirements prior to entry $2,400$1,500$4,800$3,00015 RCNY § 1-92(a)(4)Failed to follow workplace entry requirements $2,400$1,500$4,800$3,00015 RCNY § 1-92(b)Failed to ensure that proper work area exit procedures are followed$4,800$3,000$9,600$6,00015 RCNY § 1-92(c)Failed to follow procedures for entry into confined space $2,400$1,500$4,800$3,00015 RCNY § 1-93(a)Permitted storage of ACM/carts in clean room when used as holding area$1,200$1,000$2,400$1,50015 RCNY § 1-93(b)Improperly removed waste while workers used combined decon system$1,200$1,000$2,400$1,50015 RCNY § 1-93(c)Improperly worker transit during waste transfer in combined decon$1,200$1,000$2,400$1,50015 RCNY § 1-93(d)Did not clean ACM container/equipment properly before transfer into decon$1,200$1,000$2,400$1,50015 RCNY § 1-93(e)Failed to properly bag/package containerized ACM waste and equipment$1,200$1,000$2,400$1,50015 RCNY § 1-93(f)Improper washroom transit of workers prior to end of waste removal$1,200$1,000$2,400$1,50015 RCNY § 1-93(g)Failed to properly remove waste and equipment from airlock to holding area$1,200$1,000$2,400$1,50015 RCNY § 1-93(h)Failed to use/clean waste storage carts as required$1,200$1,000$2,400$1,50015 RCNY § 1-93(i)Failed to secure exit from waste decontamination system$1,200$1,000$2,400$1,50015 RCNY § 1-93(j)Failed to store waste storage carts in worksite holding area$1,200$1,000$2,400$1,50015 RCNY § 1-94(a)Failed to inspect plastic barriers and partitions twice per shift$1,200$1,000$2,400$1,50015 RCNY § 1-94(b)Failed to smoke test plastic barriers and decon twice daily$1,200$1,000$2,400$1,50015 RCNY § 1-94(c)Failed to immediately repair damage or defects in decon$2,400$1,500$4,800$3,00015 RCNY § 1-94(d)Failed to follow proper procedure upon fiber release or barrier damage$4,800$3,000$9,600$6,00015 RCNY § 1-94(e)Failed to document specified events in daily projects log$1,200$1,000$2,400$1,50015 RCNY § 1-94(f)Failed to document daily inspection to ensure exits have been checked against blockage$2,400$1,500$4,800$3,00015 RCNY § 1-94(g)Failed to stop abatement activities if exits are found blocked$4,800$3,000$9,600$6,00015 RCNY § 1-102(a)Performed dry removal of ACM without EPA and/or DEP approval$4,800$3,000$9,600$6,00015 RCNY § 1-102(b)Failed to sufficiently wet down ACM for enhanced penetration$4,800$3,000$9,600$6,00015 RCNY § 1-102(c)Failed to properly apply removal encapsulant as per federal guidelines$1,200$1,000$2,400$1,50015 RCNY § 1-102(d)Failed to bag ACM directly upon detachment from substrate as specified$2,400$1,500$4,800$3,00015 RCNY § 1-102(e)Failed to properly wet, wrap and secure large components of ACM$2,400$1,500$4,800$3,00015 RCNY § 1-102(f)Failed to remove all visible ACM residue from abated surfaces$2,400$1,200$4,800$2,40015 RCNY § 1-103(a)Failed to utilize proper material for encapsulation/repair of ACM$1,200$1,000$2,400$1,50015 RCNY § 1-103(b)Failed to properly remove loose or hanging ACM before encapsulation$1,200$1,000$2,400$1,50015 RCNY § 1-103(c)Failed to use acceptable pigmented encapsulant$1,200$1,000$2,400$1,50015 RCNY § 1-103(d)Used encapsulant solvent or vehicle containing volatile hydrocarbon$1,200$1,000$2,400$1,50015 RCNY § 1-103(e)Improperly used latex paint as encapsulant$1,200$1,000$2,400$1,50015 RCNY § 1-103(f)Failed to properly field test encapsulant prior to use$1,200$1,000$2,400$1,50015 RCNY § 1-103(g)Failed to apply required thickness of bridging encapsulant over ACM$1,200$1,000$2,400$1,50015 RCNY § 1-103(h)Failed to use a different color for each coat of encapsulant$1,200$1,000$2,400$1,50015 RCNY § 1-103(i)Failed to properly apply penetrating encapsulant to ACM$1,200$1,000$2,400$1,50015 RCNY § 1-103(j)Failed to apply encapsulant with airless spray equipment as specified$1,200$1,000$2,400$1,50015 RCNY § 1-103(k)Failed to properly identify encapsulated ACM$2,400$1,500$4,800$3,00015 RCNY § 1-104(a)Did not properly remove loose/hanging ACM before installing enclosure$2,400$1,500$4,800$3,00015 RCNY § 1-104(b)Failed to properly repair areas damaged during enclosure procedure$1,200$1,000$2,400$1,50015 RCNY § 1-104(c)Failed to properly lower/remove/replace utilities service components$1,200$1,000$2,400$1,50015 RCNY § 1-104(d)Failed to properly identify enclosed ACM$2,400$1,500$4,800$3,00015 RCNY § 1-105(a)Failed to properly conduct glovebag procedures$4,800$3,000$9,600$6,00015 RCNY § 1-105(b)(1)Failed to bring tools/materials into work area before glovebag begins$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(2)Failed to conduct air monitoring during glovebag procedure as required$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(3)Failed to have trained/equipped workers to conduct glovebag procedures$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(4)Failed to use properly sized glovebag for diameter of insulation$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(5)Failed to wet ACM prior to stripping during glovebag procedure$4,800$3,000$9,600$6,00015 RCNY § 1-105(b)(6)Failed to properly attach glovebag to insulation$4,800$3,000$9,600$6,00015 RCNY § 1-105(b)(7)Failed to smoke test glovebag as required$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(8)Failed to properly seal adjacent insulation during glovebag procedure$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(9)Failed to properly clean/wet surface, tools, etc. before glovebag is moved$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(10)Failed to properly seal insulation ends$2,400$1,200$4,800$3,00015 RCNY § 1-105(b)(11)Failed to properly remove tools/tool pouch from glovebag$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(12)Failed to use HEPA vacuum to evacuate glovebag or for clean up$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(13)Failed to properly collapse or seal glovebag prior to bag removal$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(14)Failed to properly double-bag and detach glovebag$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(15)Failed to properly wet/bag, dispose of waste from glovebag procedure$2,400$1,500$4,800$3,00015 RCNY § 1-105(b)(16)Failed to conduct / document visual clearance inspection $2,400$1,500$4,800$3,00015 RCNY § 1-105(d)Failed to utilize glovebag within containment as specified$1,200$1,000$2,400$1,50015 RCNY § 1-106(a)Conducted tent procedures on 260 linear ft/160 sq. or more of ACM$2,400$1,500$4,800$3,00015 RCNY § 1-106(b)Failed to properly install and/or construct tent$2,400$1,500$4,800$3,00015 RCNY § 1-106(c)Failed to install airlock at tent entrance when required$2,400$1,500$4,800$3,00015 RCNY § 1-106(d)Failed to wear appropriate personal protective equipment during tent procedure$4,800$3,000$9,600$6,00015 RCNY § 1-106(e)Failed to attach tent to surface to produce an airtight seal$2,400$1,500$4,800$3,00015 RCNY § 1-106(f)Failed to provide/maintain proper negative air in tent$1,200$1,000$2,400$1,50015 RCNY § 1-106(g)Failed to use required wet removal methods during tent procedures$2,400$1,500$4,800$3,00015 RCNY § 1-106(h)Failed to place ACM removed in tent procedures in leaktight container$2,400$1,500$4,800$3,00015 RCNY § 1-106(i)Failed to properly clean/encapsulate enclosed surfaces in tent$2,400$1,500$4,800$3,00015 RCNY § 1-106(j)Failed to clean/encapsulate surfaces after tent failure/termination$2,400$1,500$4,800$3,00015 RCNY § 1-106(k)Failed to properly clean/double bag ACM for disposal as specified$2,400$1,500$4,800$3,00015 RCNY § 1-106(l)Failed to follow specified procedures for worker exit from tent$2,400$1,500$4,800$3,00015 RCNY § 1-106(m)Failed to have 4 Air changes after abatement but before tent collapse$2,400$1,500$4,800$3,00015 RCNY § 1-106(n)Did not collapse tent or dispose of contaminated material as specified$2,400$1,500$4,800$3,00015 RCNY § 1-106(o)Failed to follow proper glovebag procedure during removal in tent$1,200$1,000$2,400$1,50015 RCNY § 1-106(p)Failed to conduct / document visual clearance inspection $2,400$1,500$4,800$3,00015 RCNY § 1-107(a)Failed to properly cordon off and restrict access to work area$1,200$1,000$2,400$1,50015 RCNY § 1-107(b)Failed to use proper foam or liquid during removal$2,400$1,500$4,800$3,00015 RCNY § 1-107(c)Failed to maintain blanket of foam or liquid during removal$2,400$1,500$4,800$3,00015 RCNY § 1-107(d)Failed to keep ACRM wet during bagging process$1,200$1,000$2,400$1,50015 RCNY § 1-107(e)Failed to ensure that all persons in work area wear proper boots / PPE$1,200$1,000$2,400$1,50015 RCNY § 1-107(f)Carried out abatement during adverse weather conditions$1,200$1,000$2,400$1,50015 RCNY § 1-107(g)Failed to properly locate worker/waste decons$1,200$1,000$2,400$1,50015 RCNY § 1-107(h)Failed to remove or plasticize movable objects$1,200$1,000$2,400$1,50015 RCNY § 1-107(i)Failed to properly seal openings/ensure adequate air supply$1,200$1,000$2,400$1,50015 RCNY § 1-107(j)Failed to plasticize fixed objects as specified$1,200$1,000$2,400$1,50015 RCNY § 1-107(k)Failed to blanket roofing material w/foam before removal$2,400$1,500$4,800$3,00015 RCNY § 1-107(l)Failed to use HEPA filters on power tools used in removal$1,200$1,000$2,400$1,50015 RCNY § 1-107(m)Failed to properly conduct cleanup procedures$1,200$1,000$2,400$1,50015 RCNY § 1-107(n)Failed to conduct / document proper visual inspection $1,200$1,000$2,400$1,50015 RCNY § 1-107(o)Failed to remove all plastic sheeting after visual inspection$1,200$1,000$2,400$1,50015 RCNY § 1-107(p)Failed to conduct required air monitoring$1,200$1,000$2,400$1,50015 RCNY § 1-108(b)Failed to use proper foam or liquid during removal$2,400$1,500$4,800$3,00015 RCNY § 1-108(c)Failed to maintain blanket of foam or liquid during removal$2,400$1,500$4,800$3,00015 RCNY § 1-108(d)Failed to keep ACM wet during bagging process$1,200$1,000$2,400$1,50015 RCNY § 1-108(e)Failed to ensure that all persons in work area wear proper boots / PPE$1,200$1,000$2,400$1,50015 RCNY § 1-108(f)Failed to plasticize baseboards and walls as specified$1,200$1,000$2,400$1,50015 RCNY § 1-108(g)Failed to provide negative pressure ventilation$1,200$1,000$2,400$1,50015 RCNY § 1-108(h)Failed to properly conduct cleanup procedures$1,200$1,000$2,400$1,50015 RCNY § 1-108(i)Failed to conduct or document proper visual inspection $1,200$1,000$2,400$1,50015 RCNY § 1-108(j)Failed to remove all plastic sheeting after visual inspection$1,200$1,000$2,400$1,50015 RCNY § 1-108(k)Failed to conduct required air monitoring$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(2)Failed to establish restricted area$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(3)Allowed unauthorized persons to enter restricted area$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(4)Failed to inspect and pre-clean restricted area before plasticizing$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(5)Failed to make all openings within 25 feet of affected ACM airtight$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(6)Failed to construct/maintain/use scaffolding in accordance with federal/state/city laws$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(7)Failed to properly construct/plasticize elevated platforms$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(8)Failed to properly plasticize ground-level restricted area$1,200$1,000$2,400$1,50015 RCNY § 1-109(a)(9)Failed to properly plasticize sidewalk bridges in restricted area$1,200$1,000$2,400$1,50015 RCNY § 1-109(b)Failed to construct decon within restricted area$1,200$1,000$2,400$1,50015 RCNY § 1-109(c)Failed to ensure that all persons in work area wear proper PPE$1,200$1,000$2,400$1,50015 RCNY § 1-109(d)Performed dry removal of ACM/failed to place ACM in leak tight containers$1,200$1,000$2,400$1,50015 RCNY § 1-109(e)Failed to follow proper cleanup procedure$1,200$1,000$2,400$1,50015 RCNY § 1-109(f)Failed to conduct required air monitoring$1,200$1,000$2,400$1,50015 RCNY § 1-109(g)Carried out abatement under adverse weather conditions$1,200$1,000$2,400$1,50015 RCNY § 1-109(h)Failed to use HEPA filters on power tools used in removal$1,200$1,000$2,400$1,50015 RCNY § 1-110(a)Demolished building w/ACM in place w/no danger of collapse$4,800$3,000$9,600$6,00015 RCNY § 1-110(b)Failed to submit copy of condemnation letter, declaration, order, or scope of work to DEP $1,200$1,000$2,400$1,50015 RCNY § 1-110(c)Failed to perform demolition as per Administrative Code § 28-215 / 56 NYCRR § 11.5$2,400$1,500$4,800$3,00015 RCNY § 1-111(a)Failed to bag/wrap/containerize waste immediately upon removal$4,800$3,000$9,600$6,00015 RCNY § 1-111(b)Failed to properly clean waste decon on completion of waste removal$2,400$1,500$4,800$3,00015 RCNY § 1-111(c)Failed to properly clean worker decon when required$2,400$1,500$4,800$3,00015 RCNY § 1-111(d)Failed to stop work and dispose of excess water in work area$1,200$1,000$2,400$1,50015 RCNY § 1-112(a)Failed to HEPA vacuum all surfaces after removal of all visible ACM$1,200$1,000$2,400$1,50015 RCNY § 1-112(b)Failed to wet clean all surfaces in work area (first cleaning)$2,400$1,500$4,800$3,00015 RCNY § 1-112(c)Failed to apply lockdown encapsulant as specified$2,400$1,500$4,800$3,00015 RCNY § 1-112(d)Failed to vacate area for 12 hrs after 1st cleaning$1,200$1,000$2,400$1,50015 RCNY § 1-112(e)Failed to remove 1st layer of surface barriers$1,200$1,000$2,400$1,50015 RCNY § 1-112(f)Failed to properly perform 2nd cleaning$2,400$1,500$4,800$2,40015 RCNY § 1-112(g)Failed to follow required procedures for third cleaning$1,200$1,000$2,400$1,50015 RCNY § 1-112(h)Failed to remove 2nd layer of surface barriers$1,200$1,000$2,400$1,50015 RCNY § 1-112(i)Failed to verify absence of ACM prior to clearance air monitoring$2,400$1,200$4,800$2,40015 RCNY § 1-112(j)Failed to remove containerized waste from work areas as required$1,200$1,000$2,400$1,50015 RCNY § 1-112(k)Failed to properly decontaminate or dispose of tools, equipment, etc.$1,200$1,000$2,400$1,50015 RCNY § 1-112(l)Removed isolation barriers before successful clearance air monitoring$4,800$3,000$9,600$6,00015 RCNY § 1-112(m)Failed to submit project monitor's report within 21 days of project completion$2,400$1,500$4,800$3,00015 RCNY § 1-125(a)Failed to post notice of asbestos project as required before abatement$2,400$1,500$4,800$3,00015 RCNY § 1-125(b)Failed to evacuate all occupants prior to abatement activities$2,400$1,500$4,800$3,00015 RCNY § 1-125(c)Failed to lock out electrical power and/or provide outside power as required$1,200$1,000$2,400$1,50015 RCNY § 1-125(d)Failed to install worker waste decon in required sequence$2,400$1,500$4,800$3,00015 RCNY § 1-125(e)Failed to lock out HVAC and/or install isolation barriers at ducts$4,800$3,000$9,600$6,00015 RCNY § 1-125(f)Commenced abatement prior to completion of work place preparation$4,800$3,000$9,600$6,00015 RCNY § 1-125(g)Used methods that raise dust during work area preparation$2,400$1,500$4,800$3,00015 RCNY § 1-125(h)Failed to properly preclean and/or remove movable objects from work area$1,200$1,000$2,400$1,50015 RCNY § 1-125(i)Failed to install required isolation barriers as specified$2,400$1,500$4,800$3,00015 RCNY § 1-125(j)Failed to properly cover / seal cinderblock / porous construction material$2,400$1,500$4,800$3,00015 RCNY § 1-125(k)Failed to make flooring in work area watertight$2,400$1,500$4,800$3,00015 RCNY § 1-125(l)Disturbed contaminated ceiling tiles prior to full work area prep$2,400$1,500$4,800$3,00015 RCNY § 1-125(m)Failed to establish and maintain required means of egress$4,800$3,000$9,600$6,00015 RCNY § 1-125(n)Failed to lock entrances to work area against unauthorized entry$2,400$1,500$4,800$3,00015 RCNY § 1-125(o)Failed to maintain/secure/lock-out elevators running thru work area$2,400$1,500$4,800$3,00015 RCNY § 1-125(p)Failed to provide adequate external toilet facilities near clean room$1,200$1,000$2,400$1,50015 RCNY § 1-126Performed concurrent abatement & demolition or story removal$4,800$3,000$9,600$6,00015 RCNY § 1-127(a)Failed to bag/wrap/containerize waste immediately upon removal$4,800$3,000$9,600$6,00015 RCNY § 1-127(b)Failed to properly clean waste decon on completion of waste removal$2,400$1,500$4,800$3,00015 RCNY § 1-127(c)Failed to clean worker decon after shift/meal break as specified$2,400$1,500$4,800$3,00015 RCNY § 1-127(d)Failed to stop work and dispose of excess water in work area$1,200$1,000$2,400$1,50015 RCNY § 1-128(a)Failed to properly remove/containerize visible accumulations of ACM$4,800$3,000$9,600$6,00015 RCNY § 1-128(b)Failed to remove containerized waste from work area as required$2,400$1,500$4,800$3,00015 RCNY § 1-128(c)Failed to properly wet-clean / HEPA vac surfaces in work area$2,400$1,500$4,800$3,00015 RCNY § 1-128(d)Failed to properly clean and/or encapsulate plastic on porous material$2,400$1,500$4,800$3,00015 RCNY § 1-128(e)Failed to properly encapsulate surfaces in work area$2,400$1,500$4,800$3,00015 RCNY § 1-128(f)Failed to remove and decontaminate all tools and equipment as required$1,200$1,000$2,400$1,50015 RCNY § 1-128(g)Remove isolation barriers before final air clearance$4,800$3,000$9,600$6,00015 RCNY § 1-128(h)Failed to submit project monitor's report within 21 days of project completion$2,400$1,500$4,800$3,000 (b) Penalty Table for Violations of New York State Industrial Code. SectionViolation Description1st Offense Penalty1st Offense Stipulation2nd Offense Penalty2nd Offense Stipulation12 NYCRR Part 56Violation of New York State Industrial Code Rule 56 - level 1$4,800$3,000$9,600$6,00012 NYCRR Part 56Violation of New York State Industrial Code Rule 56 - level 2$2,400$1,500$4,800$3,00012 NYCRR Part 56Violation of New York State Industrial Code Rule 56 - level 3$1,200$1,000$2,400$1,500 (c) Penalty Table for Violations of New York City Administrative Code. SectionViolation Description1st Offense Penalty1st Offense Stipulation2nd Offense Penalty2nd Offense StipulationAdmin. § 24-136(h)Resumed work in violation of stop-work order $4,400$2,750$8,800$5,500Admin. § 24-1002Violated Master Environmental Remediation Technician Law$1,000$1,000$1,000$1,000 (Added City Record 12/7/2018, eff. 1/6/2019; amended City Record 8/21/2019, eff. 9/20/2019; amended City Record 11/25/2022, eff. 12/25/2022; amended City Record 7/2/2025, eff. 8/1/2025)
