Penalties.
24 RCNY § 8-09
in effect§ 8-09 Penalties.
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 Description Penalty: First violation Repeat violation(s)
24 RCNY § 8-03 No maintenance program and plan $2,000 $4,000
24 RCNY § 8-03 Maintenance program and plan incomplete or not on premises $1,000 $2,000
24 RCNY § 8-03(e) Failure to produce annual plan preparer certification of maintenance program and plan $2,000 $4,000
24 RCNY § 8-04(a) Routine monitoring not conducted, documented at least once a week when tower is in use $1,000 $2,000
24 RCNY § 8-04(b) Compliance inspections not conducted, documented at least once every 90 days when the tower is in use $1,000 $2,000
24 RCNY § 8-04(c) Routine maintenance according to maintenance program and plan not conducted or documented $1,000 $2,000
24 RCNY § 8-04(d) Twice yearly or other required cleaning not conducted or documented $1,000 $2,000
24 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 $4,000
24 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 $2,000
24 RCNY § 8-05 Improper water treatment when the cooling tower system is in operation $1,000 $2,000
24 RCNY § 8-05(c)(1) Use of an unqualified biocide applicator or technician $1,000 $2,000
24 RCNY § 8-05(c)(2) Use of an unregistered biocide product $1,000 $2,000
24 RCNY § 8-05(c)(3) No records of all chemicals and biocides added $1,000 $2,000
24 RCNY § 8-05(c)(4) Sufficient quantities and combinations of chemicals not added as specified in the maintenance program and plan $1,000 $2,000
24 RCNY § 8-05(e) Use of nonpotable water source as makeup water not in accordance with an approved alternative water source plan $2,000 $4,000
24 RCNY § 8-05(f)(1) Minimum daily water quality measurements not taken or recorded $1,000 $2,000
24 RCNY § 8-05(f)(2) Failure to collect, analyze or record weekly biological process control indicators $1,000 $2,000
24 RCNY § 8-05(f)(3) Legionella samples not collected or analyzed, or results not recorded or reported to the Department as required $2,000 $4,000
24 RCNY § 8-05(f)(4) Failure to monitor and sample from representative locations and times $1,000 $2,000
24 RCNY § 8-05(f)(5) Required corrective actions not taken based on bacteriological results $2,000 $4,000
24 RCNY § 8-06(a) Improper or inadequate shutdown procedures $1,000 $2,000
24 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 $2,000
24 RCNY § 8-06(b)(2) Legionella samples not collected, analyzed within 3 to 14 days of system startup $1,000 $2,000
24 RCNY § 8-06(c) New cooling tower not or inadequately cleaned and disinfected prior to operating $1,000 $2,000
24 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 $2,000
24 RCNY § 8-07(a) Failure to retain records for at least 3 years $1,000 $2,000
24 RCNY § 8-07(a) Required records not kept at the cooling tower premises $1,000 $2,000
24 RCNY § 8-07(a)(2) Failure to provide records to Department upon request $1,000 $2,000
24 RCNY § 8-07(c) Department of Buildings Cooling Tower Registration Number not posted as required $1,000 $2,000
Admin. Code § 17-194.1(f) Failure to report Legionella sample test date within 5 days $500 $1,000
Admin. Code § 17-194.1(f) Failure to report Legionella sample test date $1,000 $2,000
State Sanitary Code Part 4 Miscellaneous 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)
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/0-0-0-97837Fetched: 10/24/2026