There is a newer version of the New York Consolidated Laws
2006 New York Code - Powers Of The Board.
§ 24-178 Powers of the board. (a) The board, in addition to other
duties assigned to it by law, shall have the power to conduct hearings
pursuant to this chapter and, by the issuance of a subpoena, compel the
attendance of witnesses and the production of any books, papers or other
things relating to the matter under investigation.
(b) The board may, upon notice pursuant to this chapter, and after a
hearing pursuant to section 24-184 of this code, or in default thereof
pursuant to section 24-185 of this code:
(1) Order the commissioner to revoke or suspend a permit or
certificate issued pursuant to this code for any equipment or apparatus,
where such equipment or apparatus causes, or is maintained or operated,
so as to cause a violation of any provision of this code or order or
regulation promulgated by the commissioner or the board.
(2) Order the owner of any equipment or apparatus, which causes or is
maintained or operated so as to cause a violation of any provision of
this code, or any order or regulation promulgated by the commissioner or
the board, to install any apparatus which can reasonably be expected to
correct the violation, or to clean, repair, properly maintain, replace
or alter such equipment or apparatus in a manner which can reasonably be
expected to correct the violation;
(3) Seal any equipment or apparatus which causes or is maintained or
operated so as to cause a violation of any provision of this code or
order or regulation promulgated by the commissioner or the board, except
as provided in subdivision (c) of this section;
(4) Order any person to cease and desist from any activity or process
which causes or is conducted so as to cause, a violation of any
provision of this code or any order or regulation promulgated by the
commissioner or the board, except as provided in subdivision (c) of this
section;
(5) (i) Impose a civil penalty in each instance in an amount as
hereinafter set forth in the table of civil penalties, including
schedules E, F and G of civil penalties for equipment requiring
operating certificates, except as provided in paragraph six of this
subdivision, against any person who violates any provision of this code
or of any order, rule or regulation promulgated thereunder.
* TABLE OF CIVIL PENALTIES
========================================================================
Violations related to section, Civil Penalties
subdivision and paragraph Maximum Minimum
________________________________________________________________________
24-109(b)(1).................... $2,600 $650
24-109(b)(2).................... 2,600 650
24-109(b)(3).................... 1,400 350
24-109(b)(4).................... 1,750 440
24-111.......................... 1,750 440
24-112.......................... 1,750 440
24-113.......................... 300 75
24-118
In case of violation of this
section involving incinerators
with grates having cross
sectional areas of less than
twenty-five square feet 6,000 1,500
In case of violation of this
section involving incinerators
with grates having cross
sectional areas equal to or
greater than twenty-five
square feet 20,000 5,000
24-119(a)....................... 4,000 1,000
24-120.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-122(a)....................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-122(b)(1).................... As Per Schedule E As Per Schedule E
24-122(b)(2).................... As Per Schedule F As Per Schedule F
24-122(b)(3).................... As Per Schedule E As Per Schedule E
24-122(b)(4).................... As Per Schedule G As Per Schedule G
24-122(b)(5).................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-141
In the case of violations of
this section by operation of
equipment or apparatus
requiring operating or
registration certificates .... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
In the case of violations of
this section by sources other
than those requiring operating
or registration certificates.. 1,000 250
24-142.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G
whichever is whichever is
applicable applicable
24-144.......................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-145.......................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-146(a)....................... 1,750 440
24-146(b)....................... 12,000 3,000
24-146(c)....................... 1,750 440
24-146(d)....................... 1,400 350
24-146(e)....................... 1,750 440
24-146(f)....................... 3,000 750
24-146.1; provided that such
$1,000-$10,000 penalty shall
not apply to violations of
24-146.1(b)(1).................. 10,000 1,000
24-146.1(b)(1).................. 1,000 250
24-147.......................... 3,500 815
24-148.......................... 2,625 660
24-150.......................... 500 125
24-151.......................... 3,500 875
24-153.......................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-155.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-156.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-160.......................... As Per Schedule E As Per Schedule E
24-162(a)....................... As Per Schedule G As Per Schedule G
24-162(c)....................... As Per Schedule G As Per Schedule G
24-163; provided that a minimum
penalty of $330 and a maximum
penalty of $1,500 shall apply
to a second violation of such
section by the same respondent
within a period of two years
and a minimum penalty of $440
and a maximum penalty of
$2,000 shall apply to a third
or subsequent violation of
such section by the same
respondent within a period of
two years..................... 1,000 220
24-163.2........................ 5,000 1,000
24-163.3; plus twice the amount
of money saved by the
contractor for failure to
comply with such section;
provided that such $1,000 -
$10,000 penalty and additional
penalty shall not apply to
violations of 24-163.3(o)..... 10,000 1,000
24-163.3(o); plus twice the
amount of money saved by the
contractor in association with
having made such false claim.. 20,000 20,000
24-163.5; plus twice the amount
of money saved by the
contractor for failure to
comply with such section;
provided that such $1,000 -
$10,000 penalty and additional
penalty shall not apply to
24-163.5(m)................... 10,000 1,000
24-163.5(m)..................... 20,000 20,000
24-163.6; plus twice the amount
of money saved by the owner or
operator of a sight-seeing bus
for failure to comply with
such section; provided that
such $1,000 - $10,000 penalty
and additional penalty shall
not apply to 24-163.6(i)...... 10,000 1,000
24-163.6(i)..................... 20,000 20,000
24-163.7; plus twice the amount
of money saved by the school
bus owner or operator for
failure to comply with such
section; provided that such
$1,000 - $10,000 penalty and
additional penalty shall not
apply to 24-163.7(m).......... 10,000 1,000
24-163.7(m)..................... 20,000 20,000
24-164.......................... 1,750 440
24-165.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-168.......................... As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-169 (a), (b) and (c);
provided that the civil
penalty specified herein shall
apply only to a violation by
reason of the use or purchase
of fuel oil which does not
conform to the standards in
such subdivision.............. As Per Schedule As Per Schedule
E, F, or G, E, F, or G,
whichever is whichever is
applicable applicable
24-169 (a), (b) and (c);
provided that such
$1,500-$6,000 civil penalty
shall apply only to a
violation by reason of the
standards set forth in such
subdivisions $6,000 1,500
24-173(a)....................... As Per Schedule As Per Schedule
E or F, E or F,
whichever is whichever is
applicable applicable
24-173(c)(1).................... As Per Schedule E As Per Schedule E
24-174(a); provided that such
$220-$875 civil penalty shall
apply only to a violation by
reason of use or purchase of
gasoline which does not
conform to standards set forth
in such subdivision........... 875 220
24-174(a); provided that such
$660-$2,650 civil penalty
shall apply only to a
violation by reason of the
sale, storage or
transportation of gasoline
which does not conform to the
standards set forth in such subdivision 2,650 660
24-175; provided that such
$220-$875 civil penalty shall
apply only to a violation by
reason of the use or purchase
of gasoline which does not
conform to the standards set
forth in such section......... 875 220
24-175; provided that such
$660-$2,650 civil penalty
shall apply only to a
violation by reason of the
sale, offer for sale, storage
or transportation of gasoline
which does not conform to the
standards set forth in such
section....................... 2,650 660
All remaining sections,
subdivisions and paragraphs... 875 220
======================================================================
CIVIL PENALTY SCHEDULES FOR EQUIPMENT REQUIRING
OPERATING CERTIFICATES
SCHEDULE E--PENALTIES FOR FUEL BURNING EQUIPMENT
Gross Input or Designed Fuel Consumption of
Equipment in Millions of BTU/hr
======================================================================
#4 or #6 Fuel Oil & Gasoline, #2 Fuel Oil Civil Penalties
Solid Fuels and Nat. Gas Max. Min.
______________________________________________________________________
less than 2.8 less than 2.8 $1,400 $ 350
2.8 to less than 21 2.8 to less than 50 1,800 450
21 to less than 42 50 or greater 3,000 750
42 or greater 4,000 1,000
======================================================================
SCHEDULE F--PENALTIES FOR OTHER THAN FUEL
OR REFUSE BURNING EQUIPMENT
======================================================================
Emission Rate in Civil Penalties Based on Environmental
Cubic Feet per Minute Ratings as Contained in Section 24-153
Env. Rating A Env. Rating B Env. Rating C Env. Rating D
Max. Min. Max. Min. Max. Min. Max. Min.
______________________________________________________________________
Less
than
5,000 $6,000 $1,500 $4,000 $1,000 $3,000 $ 750 $2,000 $ 500
5,000
to
less
than
20,000 8,000 2,000 6,000 1,500 4,000 1,000 3,000 750
20,000
or
greater 12,000 3,000 8,000 2,000 6,000 1,500 5,000 1,000
======================================================================
SCHEDULE G--PENALTIES FOR REFUSE BURNING EQUIPMENT
======================================================================
Maximum Horizontal Inside Cross Sectional Civil Penalties
Area of Primary Combustion Chamber in Square
Feet Max. Min.
______________________________________________________________________
25 or less.................... $1,600 $400
25-40......................... 2,000 500
Above 40...................... 3,000 750
======================================================================
* NB Amend L.L. 76/85 § 8, language juxtaposed per Ch. 907/85 § 14
(ii) Impose a separate penalty for each day on which a violation under
this code shall have occurred.
(iii) Remit, in whole or in part, such civil penalty if, at the
conclusion of the hearing, or at the time of the board determination
under section 24-187 of this code, or at the date on which a stipulation
is executed by the parties in settlement of the proceeding pursuant to
section 24-183 of this code, the respondent is no longer in violation of
a provision of this code or of any order, rule or regulation promulgated
thereunder and is not in default under section 24-185 of this
subchapter.
(iv) Impose an additional civil penalty, in the amount of ten per cent
(10%) of the penalty originally imposed, for late payment of penalty for
each month or part thereof that the penalty payment is in arrears. In no
event shall the total additional civil penalty exceed the maximum set
forth in the table of civil penalties or schedules E, F and G of civil
penalties for equipment requiring operating certificates, or as modified
pursuant to paragraph six of subdivision (b) of this section.
(v) Remit in whole or in part, such civil penalty at the conclusion of
the hearing, or at a date on which a stipulation is executed by the
parties in proceedings pursuant to section 24-183 of this chapter, if
the respondent was in violation of this code through the action or
inaction of an agency of the city of New York and not through the action
or inaction of the respondent.
(6) Order any person to be classified as a persistent violator if such
person is found to be in violation of this code and has also on one or
more prior occasions within the preceding five years been found to be in
violation of this code, where such repeated violations evidence
substantial disregard thereof. If a person is classified as a persistent
violator, the board shall in each instance double the amount of the
penalty which it would otherwise impose pursuant to paragraph five of
this subdivision. Such double penalties shall be imposed for violations
which the board finds a person committed pursuant to the same proceeding
at which it classified such person as a persistent violator and for all
violations committed within the two years immediately following such
classification, after which such classification shall terminate.
However, if at the end of such two year period such person is still in
violation of this code because of a failure to take or complete a
corrective action as required by the board, such classification shall
continue until such time as such person is no longer in violation of
this code because of such failure, at which time such classification
shall cease. Thereafter, the board may again classify such person as a
persistent violator, on the same basis it used originally.
(7) Impose a civil penalty of not more than two hundred fifty dollars
on any owner of equipment for each day such equipment is sealed pursuant
to this section;
(8) Impose a civil penalty of not less than one thousand nor more than
four thousand dollars on any person who willfully breaks, or causes or
permits the breaking of, a seal placed on equipment pursuant to this
section.
(9) Order any person or the commissioner to install any apparatus or
to clean, repair or alter any equipment or apparatus which causes, or is
maintained or operated so as to cause, a violation of this code.
(c) The board may, upon notice pursuant to section 24-180 of this
code, order any person to:
(1) Cease and desist from the installation or alteration of equipment
or apparatus, without a permit as required by section 24-120 of this
code;
(2) Cease and desist from the operation of any equipment or apparatus
without a certificate and the board may also seal any such equipment or
apparatus;
(3) Cease and desist from the spraying of insulating material on, or
the demolition of, any building or structure which does not conform to
the requirements of section 24-109 or 24-146 of this code. The board may
also seal any equipment used therefor.
(d) The board may order the commissioner to install any apparatus or
to clean, repair, or alter any equipment or apparatus which causes or is
maintained or operated so as to cause a violation of an order issued
pursuant to paragraph two of subdivision (b) of this section, where such
installation, cleaning, repairing, or alteration can reasonably be
expected to correct such a violation. Any work required under such an
order may be executed by the commissioner through the officers, agents
or contractors of the department. The department shall be reimbursed
promptly for all costs and expenses of such work by the owner of the
equipment or apparatus to which the order relates and in respect to
which such expenses were incurred. Such expenses may be recovered in a
civil action brought in the name of the commissioner.
(e) If an order of the board issued pursuant to subdivisions (b) and
(c) of this section provides for a period of time during which a person
subject to the order is permitted to correct a violation, the board may
require the respondent to post a performance bond or other security with
the department in a form and amount sufficient to assure the correction
of such violation within the prescribed time. In the event of a failure
to meet the schedule prescribed by the board, the sum named in the bond
or other security shall be forfeited and shall be paid to the
commissioner.
(f) The board may order any person to cease and desist from an
activity which it reasonably believes causes an emission of an air
contaminant which creates an imminent peril to the public health. Such
order shall be effective upon service thereof. Any party affected by
such an order may request a hearing on written notice, and he or she
shall be afforded a hearing, within twenty-four hours after service of
such request, pursuant to section 24-184 of this code. If such an
accelerated hearing is not requested, then a hearing shall be afforded
within ten days of the issuance of the order. The board shall issue its
final decision and order thereon within three days from the conclusion
of a hearing held pursuant to this subsection.
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