Int. No. 2460-A
By Council Members Gennaro and Kallos
A Local Law to amend the administrative code of the city of New York, in relation to enforcement of environmental remediation plans and rules of the office of environmental remediation
Be it enacted by the Council as follows:
Section 1. Section 24-907 of the administrative code of the city of New York, as added by local law number 27 for the year 2009, is amended to read as follows:
§24-907[Civil Penalties] Enforcement. (a) Any applicant, enrollee, or recipient of a certificate of completion who misrepresents any material fact related to the investigation, remediation or site management of a local brownfield site; or any person or entity that violates any provision of a site management plan for a local brownfield site; or any person or entity that violates any provision of this chapter or the rules of the office of environmental remediation, shall be liable for a civil penalty of not more than twenty-five thousand dollars.
[Such] (b) A civil penalty may be recovered in an action in a court of competent jurisdiction or in a proceeding before [the environmental control board. Such] an administrative tribunal within the jurisdiction of the office of administrative trials and hearings pursuant to section 1049-a of the charter, which proceeding shall be commenced by the service of an administrative summons or a notice of violation returnable before [the environmental control board] such tribunal.
(c) The director of the office of environmental remediation may designate other city agencies to issue such administrative summonses and notices of violation. Employees or designees of the office are authorized to enter private property, in accordance with applicable law, to inspect for the violations described in this section.
§ 2. This local law takes effect 90 days after it becomes law.
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12/1/21 10:17PM