§ 54-01 General.
RCNY § 54-01
(a)For the purposes of this chapter, the term Extremely Hazardous Substance (EHS) has the same meaning as provided by § 24-702(h) of the Administrative Code.
(b)Whenever a respondent is found in violation of any of the following provisions of the Administrative Code or the rules of the City of New York, any civil penalties recommended by a hearing officer, pursuant to 48 RCNY § 6-17(a) in accordance with Section 1049-a(d)(1)(d) of the Charter and/or any civil penalties imposed for admissions of violations pursuant to 48 RCNY § 6-09(a) or late admissions pursuant to 48 RCNY § 3-17 will be imposed pursuant to the penalty schedule set forth below.
(c)A second or subsequent offense is a violation by the same respondent of the same section within five years of the prior violation.
(d)Mitigating and Aggravating Factors: (1) All additions and subtractions are cumulative, except that factors J and K cannot be applied together, and factors A, B, and L may only be applied when at least one aggravating factor is also present (i.e., they cannot be used to reduce the penalty to less than the legal minimum).
(2)Where the application of multiple aggravating factors would cause the legal maximum penalty to be exceeded, the legal maximum penalty (same as the default penalty) shall be imposed. A. Subtract $1,750 for compliance by first hearing date. B. Subtract $3,750 for compliance by first hearing date. C. Add $250 if there are any EHS stored at the facility. D. Add $1,750 if there are any EHS stored at the facility. E. Add $3,750 if there are any EHS stored at the facility. F. Add $100 for each unlabeled non-EHS hazardous substance more than one; add $2,000 for each unlabeled EHS. G. Add $1,000 if there are 25 or more hazardous substances stored at the facility; add $5,000 if there are more than 50 hazardous substances stored at the facility or if any EHS are stored at the facility. NOTE: This factor may only be applied until the legal maximum penalty has been reached. H. Add $5,000 for willful refusal to allow access to the facility, or physical interference with or obstruction of the inspection. I. Add $1,000 if there was an emergency response to the facility. J. Add $2,500 if there was a release of a hazardous substance at the facility. K. Add $4,500 if release of a hazardous substance at the facility resulted in injury to any person, or injury to plant or animal life, or damage to property or business. L. Subtract $250 where the existence of the violation was voluntarily disclosed to DEP by respondent. M. Mitigate to zero where correction certified within 30 days of summons issuance. (Added City Record 3/6/2019, eff. 4/5/2019)
