§ 55-02 Stormwater Penalty Schedule.
RCNY § 55-02
(a)Penalty Table. RuleDescription ViolationPenaltyMitigationDefault StipulationRuleDescription ViolationPenaltyMitigationDefault Stipulation15 RCNY § 19.1-03.3(b)(1)Performing development activity in connection with a covered development project without a Stormwater Construction Permit from the department. Fine may be reduced if a DEP inspector has inspected the site and confirmed that construction has been stopped prior to the first hearing date, and the permit application is received on or before the first hearing date.Yes1st offense$3,000$1,000$6,000$3,0002nd offense$6,000$8,000$6,0003rd offense$8,000$10,000$8,00015 RCNY § 19.1-03.3(b)(6)Failure to have a written authorization to disturb greater than five (5) acres of soi. Yes1st offense $2,500$5,000$2,5002nd offense $5,000$10,000$5,0003rd offense $7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(6)(i)Failure to have a qualified inspector conduct at least two site inspections (in accordance with the NYSDEC Construction General permit) every seven calendar days as long as greater than five acres of soil are disturbed. Yes1st offense$2,000$3,000$2,0002nd offense$3,000$6,000$3,0003rd offense$4,000$9,000$4,00015 RCNY § 19.1-03.3(b)(9)(i)Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit. Yes1st offense$1,500$3,000$1,5002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(i)Failure to comply with the approved SWPPP or the terms and conditions of the stormwater construction permit resulting or likely to result in a discharge that causes a substantial visible contrast to natural conditions of the waters of the state. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met.Yes1st offense$2,500$1,500$5,000$2,5002nd offense$5,000$10,000$5,0003rd offense$7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(9)(i)Failure to implement pollution prevention measures included in the approved SWPPP. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate erosion and sediment control/pollution prevention practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and the applicable terms and conditions of the permit have been met.Yes1st offense$2,500$1,500$5,000$2,5002nd offense$5,000$10,000$5,0003rd offense$7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(9)(i)Failure to install and maintain erosion and sediment control practices in compliance with approved SWPPP. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate erosion and sediment control practice implemented, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met.Yes1st offense$3,000$1,500$6,000$3,0002nd offense$5,000$10,000$5,0003rd offense$7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(9)(i)Failure to follow the construction phasing plan included in the approved SWPPP. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, an amended phasing plan that has been approved by the department.Yes1st offense$2,500$1,500$5,000$2,5002nd offense$5,000$10,000$5,0003rd offense$7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(9)(i)Failure to implement the temporary and permanent stabilization plans in accordance with the approved SWPPP.Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the appropriate stabilization measures are in place, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the approved SWPPP is in place and terms and conditions of the permit have been met.Yes1st offense$2,500$1,500$5,000$2,5002nd offense$5,000$10,000$5,0003rd offense$7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(9)(ii) or (iii)Failure to renew or extend a stormwater construction permit. Fine may be reduced if the applicant renews the permit at least one week prior to the first hearing date.Yes1st offense$3,000$1,000$6,000$3,0002nd offense$6,000$8,000$6,0003rd offense$8,000$10,000$8,00015 RCNY § 19.1-03.3(b)(9)(iv)Failure to notify the department prior to starting construction. Yes1st offense$1,000$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(v)Failure to post the stormwater construction permit at the site. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the permit has been posted at the work site.Yes1st offense$1,000$1,500$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(vi)Failure to retain a copy of the SWPPP at the development site. Yes1st offense$1,000$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(vii)Failure of the trained contractor to document daily inspections and/or corrective actions. Yes1st offense$1,000$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(viii)Failure to have a qualified inspector inspect at an appropriate interval and document inspections. Fine may be reduced if the inspection reports for the required days, dated and signed by a Qualified Inspector, are submitted to DEP on or before the first hearing date.Yes1st offense$1,000$500$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(viii)Failure to begin to implement corrective actions within one business day of Qualified Inspector report. Yes1st offense$2,000$4,000$2,0002nd offense$3,000$6,000$3,0003rd offense$4,000$8,000$4,00015 RCNY § 19.1-03.3(b)(9)(ix)Failure to notify the department of a temporary shutdown or inspect the site during a temporary shutdown. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the site is stabilized, and a signed statement from a Qualified Inspector that contains a stamp or a seal confirming that the site will be inspected every 30 days and immediately after rainfall events of more than 1.5".Yes1st offense$2,500$1,500$5,000$2,5002nd offense$5,000$10,000$5,0003rd offense$7,500$10,000$7,50015 RCNY § 19.1-03.3(b)(9)(x)Failure to submit a closure plan prior to terminating construction. Fine may be reduced if DEP receives, at least one week prior to the first hearing date, photos that show the site is stabilized and a closure plan is submitted to the Department for reviewYes1st offense$3,000$1,000$6,000$3,0002nd offense$6,000$8,000$6,0003rd offense$8,000$10,000$8,00015 RCNY § 19.1-03.3(b)(9)(xi)Failure to submit amendments. Fine may be reduced if a minor amendment(s) submission is received by DEP at least one week prior to the first hearing date.Yes1st offense$1,000$500$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(b)(9)(xii)Failure to submit major amendments to the SWPP for review and approval. Yes1st offense$1,500$3,000$1,5002nd offense$3,000$6,000$3,0003rd offense$4,000$8,000$4,00015 RCNY § 19.1-03.3(b)(12)Failure to maintain records of all inspections and tests required throughout the period of construction and for 5-years after the completion of construction. Fine may be reduced if records of all inspections and tests required through the period of construction and for 5-years after the completion of construction are submitted to DEP at least one week prior to the first hearing date.Yes1st offense$1,000$3,000$1,0002nd offense$2,000$6,000$2,0003rd offense$3,000$9,000$3,00015 RCNY § 19.1-03.3(c)(1)(i)Failure to obtain a stormwater maintenance permit.Yes1st offense$3,000$6,000$3,0002nd offense$4,000$8,000$4,0003rd offense$5,000$10,000$5,00015 RCNY § 19.1-03.3(c)(3)(i)Failure to document activities in compliance with operation and maintenance plan. Yes1st offense$2,000$5,000$2,0002nd offense$3,000$7,500$3,0003rd offense$4,000$10,000$4,00015 RCNY § 19.1-03.3(c)(3)(ii)Failure to submit annual certification to the department. Yes1st offense$1,500$3,000$1,5002nd offense$3,000$6,000$3,0003rd offense$4,500$9,000$4,50015 RCNY § 19.1-03.3(c)(3)(iii)Failure to renew a stormwater maintenance permit. Yes1st offense$3,000$6,000$3,0002nd offense$4,000$8,000$4,0003rd offense$5,000$10,000$5,00015 RCNY § 19.1-03.3(c)(3)(iv)Failure to notify the department of a change of ownership. Yes1st offense$3,000$6,000$3,0002nd offense$4,000$8,000$4,0003rd offense$5,000$10,000$5,00015 RCNY § 19.1-03.3(c)(4)(i)Failure to get approval to modify a practice covered by a stormwater maintenance permit. Fine may be reduced if a DEP inspector has inspected and confirmed that construction is suspended before the first hearing date, and an application for modification is received by DEP at least one week before the first hearing dateYes1st offense$3,000$1,500$6,000$3,0002nd offense$4,000$8,000$4,0003rd offense$8,000$10,000$8,00015 RCNY § 19.1-03.3(c)(5)Failure to maintain a stormwater management practice in good working condition to meet the applicable design standards. Fine may be reduced if, at least one week prior to the first hearing date DEP receives photos of the repaired or replaced stormwater management practice, and a signed written certification by a qualified professional that the stormwater management practice is repaired and in good working condition.Yes1st offense$3,000$1,500$6,000$3,0002nd offense$4,000$8,000$4,0003rd offense$8,000$10,000$8,00015 RCNY § 19.1-03.3(c)(6)Failure to keep and maintain records. Yes1st offense$3,000$6,000$3,0002nd offense$6,000$9,000$6,0003rd offense$8,000$10,000$8,000Administrative Code § 24-558Failed to comply with a stop work order. Yes1st offense$3,000$6,000$3,0002nd offense$6,000$9,000$6,0003rd offense$8,000$10,000$8,000Administrative Code § 24-558Failure to keep a stop work order posted until rescinded by the commissioner. Yes1st offense$3,000$6,000$3,0002nd offense$6,000$9,000$6,0003rd offense$8,000$10,000$8,000 (Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 12/9/2019, eff. 1/8/2020; amended City Record 9/20/2022, eff. 10/20/2022)
