New York City Council Header
File #: Int 0142-2018    Version: * Name: Preventing certain types of dust from construction from becoming airborne.
Type: Introduction Status: Committee
Committee: Committee on Environmental Protection
On agenda: 1/31/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to preventing certain types of dust from construction from becoming airborne
Sponsors: Stephen T. Levin, Costa G. Constantinides
Council Member Sponsors: 2
Summary: Under current law, certain construction sites must take measures to prevent particulate matter from becoming airborne. As such, certain construction sites are required to create dust mitigation plans. This bill would clarify the types of construction materials that must be accounted for in such a dust mitigation plan. Additionally, the bill would increase the minimum civil penalty for corporations that fail to prevent particulate matter from becoming airborne.
Attachments: 1. Summary of Int. No. 142, 2. Int. No. 142, 3. January 31, 2018 - Stated Meeting Agenda

Int. No. 142

 

By Council Members Levin and Constantinides

 

A Local Law to amend the administrative code of the city of New York, in relation to preventing certain types of dust from construction from becoming airborne

 

Be it enacted by the Council as follows:

                     Section 1. Subdivision c of section 24-146 of the administrative code of the city of New York is amended to read as follows:

                     (c) No person shall cause or permit a building or its appurtenances or a road to be constructed, altered or repaired without taking such precautions as may be ordered by the commissioner or as established by the rules of the department to prevent dust, including dust from any material, regardless of composition, designed and customarily used in construction, including, but not limited to, any rails, pillars, columns, beams, bricks, flooring, wall, ceiling, roofing material, insulation material, gravel, sand, cement or asphalt, from becoming air-borne.

                     § 2. Subdivision b of section 24-190 of the administrative code of the city of New York is amended to read as follows:

                     (b) Any person, other than a corporation, who violates any order of the commissioner or the board or any provision of section 24-120, 24-122 or 24-146 of this code or who illegally breaks a seal on equipment, upon conviction shall be punished for each offense by a fine of not less than [fifty dollars] $50 nor more than [five hundred dollars] $500 or by imprisonment for not more than [thirty] 30 days or by both.

                     Any corporation which violates any order of the commissioner or the board or any provision of section 24-120[,] or 24-122 [or 24-146] of this code, or which illegally causes a seal to be broken, upon conviction shall be punished for each offense by a fine of not less than [one hundred dollars] $100 nor more than [two thousand dollars] $2,000.

                     Any corporation which violates any provision of section 24-146 of this code shall be punished for each offense by a fine of not less than $500 nor more than $2,000 or by imprisonment for not more than 30 days or by both.

                     Every day during which such violation occurs constitutes a separate offense.

                     § 3. This local law takes effect 90 days after it becomes law, except that the commissioner of environmental protection may take such measures as are necessary for its implementation, including the promulgation of rules, before such effective date.

 

GP (2017)/MMB (2017)

LS # 9518/Int 1600-2017

NEW LS # 762

12/21/17; 11:31 a.m.