MAYOR MICHAEL R. BLOOMBERG SIGNS LEGISLATION
INCREASING FINES FOR WATER POLLUTION

Remarks by Mayor Bloomberg at a Public Hearing on Local Law

“The last bill before me today is Introductory 123-A, sponsored by Council Members Gennaro, DeBlasio, Diaz, Lopez, Monserrate, Nelson, Sears, Serrano, Liu, Gerson, Moskowitz, Koppell and Sanders.

“This bill will decrease the minimum civil penalty for sewer control violations to $0, and increase the maximum penalty to $10,000 per day.  Currently, the minimum penalty is $250, and the maximum penalty is $1000.

“The Department of Environmental Protection (DEP) is responsible for maintaining and improving the physical and biological integrity of New York City’s water.  This bill will give the DEP greater flexibility in enforcing the legal measures that ensure that New Yorkers have clean water.  The increased civil penalties that this legislation would permit are intended to discourage acts that cause problems in sewer maintenance, treatment plant operations, and ultimately, water quality.

“Currently, the maximum civil penalty for discharging illegal substances, such as untreated wastewater containing acids, solvents or heavy metals, into the sewer system is $1000 per day for each day that the violation continues.  These harmful substances cannot be removed by the City’s sewage treatment processes, and may end up in the effluent discharged by the plants.  This can harm DEP workers, the City’s infrastructure and the water bodies that receive the effluent.  Experience has shown that the previous $1000 maximum penalty is insufficient to deter the most egregious organizations from continually abusing the sewer system.  By increasing the maximum penalty to $10,000 per day, this bill would give the DEP the ability to impose a sanction severe enough to create a significant disincentive to unlawful activity.

“While this bill would stiffen penalties for the worst offenders, it would permit DEP to ask that penalties be waived for organizations that unwittingly violate sewer use regulations and make good faith efforts to comply with them.  Businesses would be able to prove their good faith by receiving on-site compliance assistance to correct conditions that could lead to violations, or by conducting voluntary environmental audits and promptly disclosing any violations discovered. The EPA and the New York State DEC both grant penalty waivers to businesses that show good faith.

“Overall, this is a balanced piece of legislation.  It encourages lawful behavior with both its strict penalty provisions and its forgiveness for those who make every attempt to comply with the law.  I want to thank Commissioner Ward for his work on this bill, as well as the Council. I also want to recognize the dedication of the Citizens Advisory Committee and in particular Mr. Kenneth Heim, their Co-Chair, who worked very effectively with DEP to initiate these changes in the law.”