§ 8-09 Penalties.
RCNY § 8-09
The following penalties shall be imposed for sustained initial and repeat violations. All penalties, except for those alleging a violation of the State Sanitary Code, must be doubled if the respondent fails to appear to answer such violation and is found in default. Section of Law DescriptionPenalty: First violationRepeat violation(s)Section of Law DescriptionPenalty: First violationRepeat violation(s)24 RCNY § 8-03No maintenance program and plan$2,000 $4,00024 RCNY § 8-03Maintenance program and plan incomplete or not on premises $1,000 $2,00024 RCNY § 8-03(e)Failure to produce annual plan preparer certification of maintenance program and plan$2,000$4,00024 RCNY § 8-04(a)Routine monitoring not conducted, documented at least once a week when tower is in use$1,000 $2,00024 RCNY § 8-04(b)Compliance inspections not conducted, documented at least once every 90 days when the tower is in use$1,000 $2,00024 RCNY § 8-04(c)Routine maintenance according to maintenance program and plan not conducted or documented $1,000 $2,00024 RCNY § 8-04(d)Twice yearly or other required cleaning not conducted or documented$1,000 $2,00024 RCNY § 8-04(e)Aerosol control do not meet manufacturer's design specifications or drift loss reduction requirements in new or existing towers when required$2,000 $4,00024 RCNY § 8-04(f)Failure to submit declaration of a hyperhalogenation performed at least once each year between July 1 and August 31$1,000 $2,00024 RCNY § 8-05Improper water treatment when the cooling tower system is in operation$1,000 $2,00024 RCNY § 8-05(c)(1)Use of an unqualified biocide applicator or technician$1,000$2,00024 RCNY § 8-05(c)(2)Use of an unregistered biocide product $1,000$2,00024 RCNY § 8-05(c)(3)No records of all chemicals and biocides added$1,000$2,00024 RCNY § 8-05(c)(4)Sufficient quantities and combinations of chemicals not added as specified in the maintenance program and plan$1,000$2,00024 RCNY § 8-05(e)Use of nonpotable water source as makeup water not in accordance with an approved alternative water source plan$2,000 $4,00024 RCNY § 8-05(f)(1)Minimum daily water quality measurements not taken or recorded$1,000 $2,00024 RCNY § 8-05(f)(2)Failure to collect, analyze or record weekly biological process control indicators$1,000 $2,00024 RCNY § 8-05(f)(3)Legionella samples not collected or analyzed, or results not recorded or reported to the Department as required$2,000 $4,00024 RCNY § 8-05(f)(4)Failure to monitor and sample from representative locations and times $1,000$2,00024 RCNY § 8-05(f)(5)Required corrective actions not taken based on bacteriological results$2,000 $4,00024 RCNY § 8-06(a)Improper or inadequate shutdown procedures$1,000 $2,00024 RCNY § 8-06(a)Failure to report shutdown date within 5 days$500$1,000 24 RCNY § 8-06(b)Failure to report startup date within 5 days$500$1,000 24 RCNY § 8-06(b)(1)Improper or inadequate startup procedures$1,000 $2,00024 RCNY § 8-06(b)(2)Legionella samples not collected, analyzed within 3 to 14 days of system startup$1,000 $2,00024 RCNY § 8-06(c)New cooling tower not or inadequately cleaned and disinfected prior to operating $1,000 $2,00024 RCNY § 8-06(e)Failure to report operation period to the Department$500$1,000 24 RCNY § 8-07(a)Failure to retain records of all maintenance, inspections, deficiencies, corrective actions, water treatment, test results, cleaning, and disinfection$1,000$2,00024 RCNY § 8-07(a)Failure to retain records for at least 3 years$1,000$2,00024 RCNY § 8-07(a)Required records not kept at the cooling tower premises$1,000$2,00024 RCNY § 8-07(a)(2)Failure to provide records to Department upon request$1,000$2,00024 RCNY § 8-07(c)Department of Buildings Cooling Tower Registration Number not posted as required$1,000$2,000Admin. Code§ 17-194.1(f)Failure to report Legionella sample test date within 5 days$500$1,000Admin. Code§ 17-194.1(f)Failure to report Legionella sample test date$1,000$2,000State Sanitary Code Part 4Miscellaneous provisions$250$250 (Added City Record 4/7/2016, eff. 5/7/2016; amended City Record 7/7/2020, eff. 7/7/2020; amended City Record 4/8/2026, eff. 5/8/2026)
