DEP Environmental Protection Forms Folder 1175, 1996-2001

NYC 9/11 Public Portal Document

CHAPTER 2—NOISE CONTROL § 24-257 (7) Impose a civil penalty of not less than one thousand nor more than four thousand dollars on any person who willfully breaks, or causes or permits the breaking of, a seal placed on a device pursuant to this section. (8) Impose an additional civil penalty in the amount of twenty-five percent of that which would otherwise be imposed for each twelve decibels by which the sound or noise level measured exceeds the maximum sound level as contained in subchapters five and six of this chapter. (9) Impose an additional civil penalty in the amount of ten percent of the penalty originally imposed, for late payment of penalty for each month, or part thereof, that the penalty payment is in arrears. In no event shall the total additional civil penalty exceed the maximum set forth in the table of civil penalties, or as modified pursuant to paragraph eight of this subdivision or paragraph ten of this subdivision, or both. (10) Order any person to be classified as a persistent violator if such person is found to be in violation of this code and has also on one or more prior occasions within the preceding five years been found to be in violation of this code, where such repeated violations evidence substanial [sic]1 disregard thereof. If a person is classified as a persistent violator, the board shall in each instance double the amount of the penalty which it would otherwise impose pursuant to paragraph five of this subdivision. Such double penalties shall be imposed for violations which the board finds a person committed pursuant to the same proceeding at which it classified such person as a persistent violator and for all violations committed within two years imme- diately following such classification, after whcih [sic] 2 such classification shall terminate. However, if at the end of such two year period such person is still in violation of this code because of a failure to take or complete a corrective action as required by the board, such classification shall continue until such time as such person is no longer in violation of this code because of such failure, at which time such classification shall cease. Thereafter, the board may again classify such person as a persistent violator, on the same basis it used originally. (c) The board may, upon notice pursuant to section 24-259 of this code: (1) order any person to cease and desist from the operation of any listed device without a certificate as required by section 24-245 of this code and the board may also seal such device; (2) order any person to cease and desist from tunneling without a tunnel- ing permit as required by section 24-245 of this code and the board may also seal any device used in such tunneling; (3) order any person not in possession of a variance issued pursuant to subdivision (b) of section 24-224 of this code to cease and desist from construc- tion activities other than during the permissible hours specified in subdivi- sion (a) of section 24-224 of this code and the board may also seal any device used in such construction activities; 1. Probably should be "substantial" 2. Probably should be "which". 6232.1 NYC 12-31-97

NYC-WTC 000138233