{"data":{"id":"us-nyc/n.y.c.-admin.-code-24-524","jurisdiction":"us-nyc","citation":"N.Y.C. Admin. Code § 24-524","heading":"§ 24-524 Enforcement and penalties.","body":"a. \n\t\t\t\t\t\t\t\t\t\t\t\tOrders. Notwithstanding any other provision of law, the commissioner of environmental protection, and the environmental control board within the office of administrative trials and hearings, shall enforce the provisions of subdivisions b and b-1 of section 1403 of the charter and sections 24-504 through 24-523 of this chapter and the rules promulgated pursuant thereto. Such commissioner and board shall have the power to issue such orders as may be provided for therein and such additional orders as may be necessary for the enforcement of such provisions. The department of environmental protection shall promulgate rules governing the appeal of orders issued by the commissioner.\n\nb. \n\t\t\t\t\t\t\t\t\t\t\t\tCommissioner's cease and desist orders.\n\n1. Whenever the commissioner of environmental protection has reasonable cause to believe that: (i) a discharge has occurred in violation of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or of any order or rule issued by the board or commissioner pursuant to such provisions or to subdivision a of this section in furtherance of such provisions or in violation of the conditions of any permit issued pursuant to such provisions and (ii) that such discharge creates or may create an imminent danger to the sewer system or to the public health or to the life or safety of persons, such commissioner may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation from which the unlawful discharge is emitted to take such action as may be necessary to halt or prevent such discharge.\n\n2. If service of the order cannot be made personally because such person cannot be located at such time then service may be made by delivering a copy to a person of suitable age and discretion at the residence or place of business of the person sought to be served. If service cannot be made personally or by such delivery to a person of suitable age and discretion because of inability to locate or to obtain the name or address of such person at such time, service may be made by conspicuously posting a copy of such order upon the property to which it relates and mailing the order to the most recent residential or business address of record of the person sought to be served. The posting and mailing of such order shall be sufficient notice of such order to all persons having a duty in relation thereto under the provisions of this subdivision.\n\n3. If the order is not complied with or so far complied with as such commissioner may regard as reasonable, within the time specified therein such commissioner may act to halt or prevent such discharge by:\n\ni. sealing, blocking or otherwise inactivating any equipment, facility, or device;\n\nii. terminating the water supply to the premises;\n\niii. sealing, blocking or otherwise inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or\n\niv. any other means or method that is reasonable under the circumstances.\n\nFor such purpose, in accordance with applicable law, the commissioner of environmental protection or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property.\n\n4. Any person affected by such an order may make written application to the environmental control board within the office of administrative trials and hearings for a hearing. Such hearing shall be provided, pursuant to the rules of such board within such office, and shall be held within two business days after the receipt of such application. The board may suspend, modify or terminate such order.\n\nc. [Reserved.]\n\nd. \n\t\t\t\t\t\t\t\t\t\t\t\tEnvironmental control board cease and desist orders.\n\n1. In the case of any continued or knowing violation of any of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions or of the conditions of any permit issued pursuant to such provisions or where the board finds that the violation of any of such provisions or of the conditions of any such permit presents or may present a danger to the environment or threatens to interfere with the operation of the sewer system, the board after notice and the opportunity for a hearing in accordance with the rules of such board within such office, may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation to cease and desist from any activity or process which causes or is conducted so as to cause such violation within the time specified in such order.\n\n2. Such order may provide that if the order is not complied with or so far complied with as the commissioner of environmental protection may regard as reasonable within the time specified therein, such commissioner may take such action as shall be specified therein, including but not limited to:\n\ni. sealing, blocking or inactivating any equipment, facility or device;\n\nii. terminating the water supply to the premises;\n\niii. sealing, blocking or inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or\n\niv. any other means or method that is reasonable under the circumstances.\n\nFor such purpose, in accordance with applicable law, the commissioner of environmental protection or his or her deputies or such other officers or employees as are designated by such commissioner may enter on any public or private property.\n\ne. \n\t\t\t\t\t\t\t\t\t\t\t\tAction by corporation counsel. If the respondent fails to comply with any order issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection or with the conditions of any permit, or such board or commissioner otherwise deems it necessary, the corporation counsel, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order or permit issued by such board or commissioner.\n\nf. \n\t\t\t\t\t\t\t\t\t\t\t\tCivil penalties. Any person who violates or fails to comply with any of the provisions of subdivision b or b-1 of section 1403 of the charter or section 24-504 through 24-523 of this chapter or any order or of any rule issued by the environmental control board within the office of administrative trials and hearings or commissioner of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be liable for a civil penalty not exceeding ten thousand dollars for each violation, provided that this subdivision shall not apply to subdivision c of section 24-509 or subdivisions a and b of section 24-521, and provided that the penalty for the removal of a manhole cover in violation of section 24-517 shall be not less than two thousand five hundred dollars. In the case of a continuing violation each day's continuance shall be a separate and distinct offense. The office of administrative trials and hearings, pursuant to section 1049-a of the charter, shall have the power to impose such civil penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation returnable to such office. Such office, after a hearing provided in accordance with applicable law and rules, shall have the power to enforce its final decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision d of section 1049-a of the charter. A civil penalty imposed by such office may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The environmental control board within the office of administrative trials and hearings, in its discretion, may, within the limits set forth in this subdivision, establish a schedule of civil penalties indicating the minimum and maximum penalty for each separate offense or may use a schedule adopted by the department of environmental protection.\n\ng. \n\t\t\t\t\t\t\t\t\t\t\t\tCriminal penalties. In addition to the civil penalties set forth in subdivision f of this section, any person who knowingly violates or fails to comply with any provision of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or rule issued by the environmental control board within the office of administrative trials and hearings or commission of environmental protection pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty nor more than ten thousand dollars, or by imprisonment not exceeding thirty days, or both for each offense, provided that this subdivision shall not apply to subdivision c of section 24-509 or subdivisions a and b of section 24-521, and provided that the punishment for the removal of a manhole cover in violation of section 24-517 shall be a fine of not less than five hundred dollars nor more than ten thousand dollars, or imprisonment not exceeding thirty days, or both for each offense. In the case of a continuing violation each day's continuance shall be a separate and distinct offense. In addition to its application to any other person, the fine provided for in this paragraph shall be deemed a special fine for a corporation within the meaning of section 80.10 of the penal law of the state of New York.\n\nh. \n\t\t\t\t\t\t\t\t\t\t\t\tLiability to the city. Any person who violates or fails to comply with any of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or any order or of any rule issued pursuant to such provisions or subdivision a of this section in furtherance of such provisions or with the conditions of any permit issued pursuant thereto shall be liable to the city for any expense, including but not limited to costs for response, remediation and emergency services or any other loss or damage suffered by the city by reason of such violation.\n\ni. \n\t\t\t\t\t\t\t\t\t\t\t\tService. Unless otherwise provided in this section, service of any notice or order required by this section may be made either personally or by mail.\n\nj. \n\t\t\t\t\t\t\t\t\t\t\t\tIssuance. Officers and employees of the department of environmental protection and of other city agencies designated by the commissioner of environmental protection shall have the power to issue summonses, appearance tickets, orders and notices of violation based upon violations of this chapter or rules of the department promulgated hereunder.\n\nk. \n\t\t\t\t\t\t\t\t\t\t\t\tEntry and inspection. An authorized representative of the department of environmental protection may enter on any property, consistent with applicable law and in accordance with rules of the department related to such entry and inspection, to inspect for compliance with this chapter and rules of the department promulgated hereunder.","path":["New York City Administrative Code","Title 24","Chapter 5: Drainage and Sewer Control"],"source_url":"https://files.amlegal.com/pdffiles/NewYorkCity/Admin/XML.zip","current_through":"Local Law 2026/135 (enacted August 31, 2026)","vintage":"","retrieved_at":"2026-09-06T02:48:57Z","sha256":"fcd101915eee1c4e8705dba5c6762a2d0130778dede3f028b1ab96016c18aad3","source_id":"us-nyc","stale":false,"prev":"us-nyc/n.y.c.-admin.-code-24-523","next":"us-nyc/n.y.c.-admin.-code-24-525"},"notice":"GroundRules: Original legal text. Not legal advice."}