Hazardous Substances Emergency Response Law Penalty Schedule.
15 RCNY § 59-02
in effect§ 59-02 Hazardous Substances Emergency Response Law Penalty Schedule.
* 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/Penalty Mitigating Factors (Cumulative) Aggravating Factor (Cumulative, up to a Total Penalty of $10,000) Default
Admin. Code § 24-609(b) 1st offense Failed 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. $10,000
Admin. Code § 24-609(b) 2nd Offense $9,000 SAME AS ABOVE SAME AS ABOVE $10,000
Admin. Code § 24-610(c) 1st Offense Willfully 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.) $10,000
Admin. Code § 24-610(c) 2nd Offense $4,500 SAME AS ABOVE SAME AS ABOVE $10,000
(Added City Record 10/30/2019, eff. 11/29/2019)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-124069Fetched: 10/24/2026