§ 59-02 Hazardous Substances Emergency Response Law Penalty Schedule.
RCNY § 59-02
The following shall be considered environmentally sensitive areas: wetlands and wetland buffer areas; National and State parks; critical habitats for endangered and threatened plant and animal species; wilderness and natural areas; marine sanctuaries; conservation areas; preserves; wildlife areas; scenic, wild or recreational rivers; seashore and lakeshore recreational areas; critical biological resource areas; National and State protected and critical environmental areas (CEAS) as defined in 6 NYCRR Section 617.2(i). Section/Offense/PenaltyMitigating Factors(Cumulative)Aggravating Factor(Cumulative, up to a Total Penalty of $10,000)DefaultAdmin. Code § 24-609(b)1st offenseFailed to comply with notification requirements upon release of hazardous substance$4,000 1. Subtract $500, if telephone within 24 hours. Telephone notification shall be found where respondent provided DEP with all of the telephone notification requirements as provided in 15 RCNY § 11-03(b) within 24 hours of when respondent knows or has reason to know of a release.2. Subtract $500, if respondent did provide written notification. Written notification shall be found where respondent provided DEP with all of the written notification requirements as provided in 15 RCNY § 11-03(c).3. Subtract $1,000, if began abating release within 3 hours of when respondent knew or had reason to know of a release.1. Add $2,500, if release occurred within 1,000 feet of any of the following: residence district as defined by the New York City Zoning Resolution; school, highway, parkway or any other three lane roadway; environmentally sensitive area*; hazardous/toxic substance(s) industry/facility required to file under the New York City Community Right-to-know Law, Title 24 Chapter 7 of the New York Administrative Code.2. Add $2,500, if amount of release was equal to or greater than twice the Reportable Quantity.3. Add $2,500, if release caused actual injury to wildlife and/or human health.4. Add $2,500 if willful or intentional release of the listed hazardous substance.$10,000Admin. Code § 24-609(b)2nd Offense$9,000 SAME AS ABOVESAME AS ABOVE$10,000Admin. Code § 24-610(c)1st OffenseWillfully violated or failed or refused to comply with Commissioner's Order$3,000 1. Subtract $1,000, if complied with that portion of Scope of Work Order relating to securing of premises/building.2. Subtract $500, if complied with that portion of Scope of Work Order relating to identification of all hazardous substances.1. Add $1,500, if failed to comply with that portion of Scope of Work Order relating to Bills of Lading and Hazardous Waste Manifests.2. Add $1,500, if total non-compliance, i.e. failed to comply with any part of Commissioner's Order. (In such cases, there could be no mitigating factors.)$10,000Admin. Code § 24-610(c)2nd Offense$4,500 SAME AS ABOVESAME AS ABOVE$10,000 (Added City Record 10/30/2019, eff. 11/29/2019)
