Apparently enough property owners are failing to comply with their reporting and inspection obligations for certifying that institutional and engineering controls remain protective of human health and the environment that the Mayor’s Office of Environmental Remediation (OER) feels it is necessary to enhance its enforcement authorities.
Under recently a proposed rule, OER would be expressly authorized to issue a summons to a property owner or person who controls the site when they fail to comply with reporting obligations under the site management plan for the site. The proposed rule would apply to sites that are remediated under the OER voluntary cleanup program as well as “E” designation and Environmental Restrictive Declaration sites with that are subject to ongoing site management plans.
The proposed rule would establish a minimum fine of $10K per penalty with a default penalty of $20K per violation. A recipient of a summons would have 45 days to submit an acceptable certification of correction. Upon receipt of an acceptable certification of correction, OER would withdraw the summons. If the recipient fails to submit a acceptable certificate of completion within 45 days, it would have to appear at an administrative hearing. Failure to appear at the hearing would result in a default penalty.
OER will hold an online public hearing on the proposed rules at 11:00 AM on October 28, 2022. Interested parties may submit comments to the proposed rule through the NYC Rules website or may email comments to [email protected] Instructions for participating in the public hearing are available by clicking on this NYC rules website and then click on the “Rule Full-Text” link.