nys dec notice of violation

Correspondence (internal and external), records and files on fish habitat and public access programs. All the paperwork (application, plans, test data, State Environmental Review documents, hearing reports, etc.) Cert. Closed Area Notices and related records concerning uncertified shellfish lands in Long Island towns. Renewal licenses for equipment. Violation. Records may also include test proposals, drawings and related correspondence. Handbooks, manuals, background material, correspondence and related records. Inventory of chemical usage by companies in NYS on a standardized form based on requirements of the U.S. Environmental Protection Agency. Grant applications, vouchers, etc., correspondence, inspection reports on grants to municipal sewage treatment plants. Records include Forest Fire Protection, law enforcement and stewardship of state lands, search and rescue administration, biweekly reports, annual reports, and Procedures Manual. Oil Spill Daily Journal of License Fee Reports. Regulatory Actions Affecting Fish and Wildlife Resource. Applications for permits to construct, certificates to operate, Title V permits, State Facility permits and registrations. Forms pertaining to Executive Law 166 and/or lobbying are filed by NYSDEC employees with the agency Legislative Affairs Unit. Files contain correspondence, grant applications, submitted by municipalities in order to receive state assistance monies to close their landfills. Original fish drawings consisting of watercolor paintings depicting freshwater fish species inhabiting the State. Unit management plans, studies, amendments, rules and regulations, and correspondence. Most data items from the 1987 inventory of record series have been, or will be, entered into a d Base system on the Bureau PC. Records related to environmental studies of Long Island Sound. Correspondence includes inquiries about current and potential leases and lease violations. DEE-23: Air Violation Penalty Policy for Short-Form Orders on Operating Permit Program (OPP) and regulatory fee policies, billing, uncollectible fee bill per the Attorney General's Office, and undeliverable fee bills and address corrections. Applications, permits, and related documents on oil and gas wells, including location of well, owner/operator, whether it is plugged or operating, annual production, and State Environmental Quality Review records. In all circumstances, Department Staff should continue to consider any variable factors that may be unique to a facility and endeavor to impose the appropriate sanction for the particular offense in accordance with the Civil Penalty Policy. Correspondence, charts, tables, reports, maps used to administer program of flood and coastal erosion forecasting and warning. Police reports of hunting accidents, teletype messages, voluntary statements, other Division of Law Enforcement records dealing with hunting accidents. Historic materials and files related to completed rulemaking activities regarding hazardous waste management regulations. Reports or Large Quantity Generators (mfiche, optic). ECL 49-0305(4) requires that all Conservation Easements be filed with the Department. Plans, instructions, internal control analyses, risk assessments, organizational charts, training programs, internal control program databases. Abstract of receipts, revenue reports, bank statements, bank deposit slips, and refund vouchers. All records after this date are maintained by the New York State Office of General Services - Business Services Center (NYS OGS BSC). Database containing site or incident specific data for DER programs including: The State Superfund Program, Voluntary Cleanup Program, Environmental Restoration Program, Brownfield Cleanup Program, Federal Superfund Program, the Spill Response Program, The Bulk Storage Program, and the Brownfield Opportunity Areas Program. This page is available in other languages, Minority and Women Owned Business Enterprise (MWBE), Service-Disabled Veteran-Owned Business (SDVOB) Program, Language Assistance & Service Complaint Forms, Forms for NYS Dry Cleaners Using Perchloroethylene and Other Approved Solvents, Wastewater Treatment Plant (WWTP) Facility Score Sheet, Finalizing Remedial Projects: Easements, Certificates of Completion, and Templates, Request for Building Permit - Environmental Easement Review, Volunteer Stewardship Agreement Policy Applications, Self-issue Certificate of Origin for Transport & Possession of Untreated Firewood, State Assistance Grants for Waste Reduction, Recycling and Household Hazardous Waste Programs, Organic Recycling Facility Annual Report Forms, Part 367 Notification Form for a Redemption Center Registration, Automobile Dismantlers, Scrap Metal Processors and Automobile Junkyards Notices and Reports Forms, Beneficial Use Determination Petition Forms, Coastal Erosion Hazard Area Designation Appeal Form, Local Coastal Erosion Hazard Area Management Program Annual Assessment Form, Supplemental Regulated Activities Form (with the Annual Assessment form), Water Well Contractor Registration and Certification, Stormwater Permit for Construction Activity, Construction Stormwater Runoff Reduction Worksheets, Municipal Separate Stormwater Sewer Systems (MS4) Permit, Wastewater Annual Flow Certification Form, Part 248 - Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles, State Environmental Quality Review (SEQR), Joint Application Form - used to apply for permits from several agencies, State Pollutant Discharge Elimination System (SPDES), Liquefied Natural Gas Facility Permit Application. Failure to connect Stage I during delivery to gasoline dispensing site: DAR - 9 / Dry Cleaner Enforcement Guidance establishes the Department's policy relating to enforcement of 6 NYCRR Part 232, Perchloroethylene Dry Cleaners. Copies of original invoices sent to all permit holders. Files contain all information on coordinating analytical services for all water, air, and hazardous substances samplings done on agency programs and sent to contract laboratories for analysis. Records include fish tag returns submitted by fishermen, fishermen interview data, and summary and statistical reports about this data. Records are associated with the following programs: Superfund, Environmental Restoration, Voluntary Cleanup, Brownfield Cleanup, Response, Bulk Storage and Brownfield Opportunity Areas. Copies of vouchers, bills and contract for Infonet (the private company which handles the magazine's subscription process); copies of contract and invoices for Dodge Graphics Press (the magazine printing contractor); copies of postage statements, promotional material, and subscription cards. Program planning and evaluation summaries. Series of water quality monitoring reports for large drainage basins of the state. Nomination correspondence and copies of bid guarantee checks; State Land Tract Assessments and maps; notices for public meetings and mailing lists, public comments and DEC responses to comments; Lease Sale Public Notice and mailing list; bid packages and list of potential bidders; bids received, copies of bid checks, and bid summary. New York State Series consists of copies of permits and related records documenting permittees' claims to lands. (2) Big game license number list. Oil and Gas Well Subject and Correspondence Files. Cons. Employee Suggestions referred by Department of Civil Service for evaluation and possible implementation, programmatic evaluation of such suggestions, correspondence with Dept. to notify the EPA Administrator of construction or startup dates of an affected facility in violation of 40 CFR 60.7(a)(1) or (a)(3). Forms completed by companies who have received a regulatory fee bill and who wish to dispute the fee for a specific year and program. WebIf enough evidence of NYS Liquor Authority Violations are found, the people who hold the liquor license are issued a Notice of Pleading. Forms - NYS Dept. of Environmental Conservation All payment information relating to the purchase of commodities and services, lease rentals (copies only) and employee travel. Series consists of plans submitted pursuant to Hazardous Waste Reduction Law. Consistent with the Order on Consent Enforcement Policy, this Policy authorizes the use of Short-Form Consent Orders by Division of Air Resources and Office of General Counsel legal Staff for specified minor violations and provides guidance for their use. These files will be periodically updated as changes occur. Program Files and references, planning reports. Backup data & reports regarding Leave and Accrual Tracking System (LATS), quarterly reports & annual analysis of the department-wide LATS data. Includes permit applications for shellfish diggers, commercial and non-commercial harvesters of lobster, crab, clam, and other species and activities regulated by the bureau as listed in Section 13 of the Environmental Conservation Law. State Pollutant Discharge Elimination System Permits - Regional. Civil and Administrative Litigation Files. fish catches) and correspondence relating to New York's participation in activities of the Mid-Atlantic Fishery Management Council, an interstate governmental organization. Includes paper records related to: Community Right to Know requirements (hazardous waste generation) Hazardous Substances Site Survey (Pre 2003), Perfluorooctanoic Acid (PFOA) Surveys, and Aqueous Fire Fighting Foam (AFFF) Surveys. DEC Orders Norlite Facility in City of Cohoes to Immediately Cease Program initiated correspondence prepared for Executive staff signature. CO Subject and Correspondence Files. Series consists of correspondence, memoranda, records related to the complaint, inspection and investigation processes, violation-related records, EPA quarterly reports concerning the production, sale, distribution, use and disposal of pesticides. USGS Topographical Survey Maps of New York State printed by USGS. Further, Department Staff may consider suspending a portion of the administrative penalties when deemed appropriate and after accounting for the following considerations: Written documentation should be made in support of any suspended penalty determination and kept in the case file. (1990-current, electronically scanned). Response Program records include all incident-related records regardless of contaminant. SPDES records/pretreatment files, Quarterly Non-Compliance Reports, priority attainment for waterbodies strategy information, consent orders, construction grants information, ICSS, WICSS, etc. Maps of underwater lands, coast and geodetic survey charts, historical leasing and franchise maps involving shellfish culture activities. The following violations are not covered by this Policy: Consistent with the Civil Penalty Policy, a penalty is warranted when a violation occurs unless the respondent documents compelling circumstances to the contrary. Files related to programs to support local climate action, including Climate Smart Communities. These records include registration and licenses records, inspection and enforcement records and other records related to the facilities. Agency copies of quarterly reports filed with the MWBE until reporting utilization of minority and women owned businesses in agency contracts. Inventory of existing public water supply systems serving 5000 or more persons. Contain applications for major petroleum facility licenses, correspondence from or to the facilities, original permit applications and notices of late filing, if applicable. The Department of Environmental Conservation reserves the right to act at variance with these policies and procedures. Regulated Medical Waste Generator, Transporter, & Treatment Facilities Authorizations, Enforcement and Annual Reports. Records that document the sources of data and methods used in the development of specific GIS data layers. Correspondence, briefing documents, reports, and other records related to carrying out and documenting the executive level decision and policy making of Policy Office staff. National Industrial Wastewater Pretreatment Program. Closed records consist of about 27.5 cu.ft. This document should be used in conjunction with the Civil Penalty Policy; Order on Consent Enforcement Policy; Record of Compliance Policy; and Small Business Self-Disclosure Policy. Report of Noncompliance Event - New York State The Short-Form Consent Order should be drafted in a manner that thoroughly states the specific regulatory, statutory and/or permit provision(s) the respondent violated, the dates the violation(s) occurred, how the Department determined the existence of the violation(s), and, if appropriate, the amount of any regulatory fees, and any penalty and interest thereon, owed. Series consists of plans submitted prior to January 1, 2007 pursuant to Hazardous Waste Reduction Law. DECALS computerized records for sporting licenses from 2002 to present. Series consists of correspondence, memoranda, violation notices and other inspection and enforcement-related records concerning hazardous waste handlers prior to January 1, 2005, Hazardous Regulatory Enforcement Files for Facilities w/ Sig. The notice of violation shall contain information The policies and procedures set out in this document are intended solely for the use and guidance of Department Staff. Documents from the United States Nuclear Regulatory Commission, Agreement States Program information and DEC annual reports. Any adjustment that exceeds the ranges suggested by this Policy (other than the total payable penalty amount not exceeding $10,000 and the total assessed amount not exceeding $20,000, which are not adjustable) must be approved by the Director of the Division of Environmental Enforcement. Series consists of inventory data on tree species comprising state forests and aerial photographs and maps used to identify and locate timber stands. Documents relating to procedures & standards for analyzing the ambient impact from sources of air pollution. Correspondence, planning, notes, agendas, attendance lists, briefing documents, reports and other records pertaining to education and outreach carried out by Commissioner's Policy Office staff. Management plans for marine areas and shorelines. It also includes general program specific records (205G). 566 as well as study files pertaining to river basin areas throughout the state. As noted in the Civil Penalty Policy, the purpose of enforcement guidance is to assist Department Staff in efficiently and fairly deterring and addressing violations. Grant applications, project eligibility determinations, state contracts, state payments, audit requests and reports, project closeout information, bid information and inspection reports. State and Local Assistance programs, procurement records, budgets, vouchers, grant awards and reports. Correspondence and other material pertaining to particular training courses, including operator certification training and examination. Records Disposition Requests/Authorizations. High water records, emergency operations procedures, construction drawings, easement maps, inspection reports, workplans, permits for work on easement lands, correspondence, training records, rehabilitation & improvement budget. Civil Penalty Policy (issued 06/20/1990), This page is available in other languages, First Sale, Lease, Registration or Access Offense: $500 - $1,000. WebThe Notice of Pleading contains the date of the offense, the section of ABC Law violated and the maximum penalty for the offense. Tidal Wetlands Acquisition and Management Files. Follow those links for a breakdown of Parts within each Chapter. NYC.gov Response Program Incident Records (Responsible Party Lead). Electronic record of complaints received regarding possible violations of the ECL and their investigation and resolution. One set of reports is the result of the Office of General Service's 1975 record series inventory, the second one the result of the 1987 Governor's Records Management Improvement Project. This records series also contains legal interpretation files, legal memoranda, legal analyses, and treatises relating to environmental matters, or other laws relevant to Department legal work. This series does include Response Program records associated with petroleum remediation projects (a.k.a. Pertinent information on well operators, (e.g., address, business organizational information). Facility assessment and investigation reports (RFAs and FRIS), Corrective Measures Study Reports, correspondence, memoranda, drawings, plans, constructor design and specifications, groundwater data, monitoring reports and various technical materials. The Division requires financial security (FS) to guarantee proper plugging and abandonment of wells covered under the Oil and Gas program and proper reclamation of mines covered under the Mining Program. These documents may include bid proposals, commodity specifications, actual cost of goods or services purchased by the agency, vendor name and address, delivery location name and address, and funding source for procurement. Department provides the Docket Clerk, legal, & support staff for the FWAB which functions as an independent review organization. Informational materials (e.g. Also includes Mobile Source Capital and Operating Program fund. where the owner or operator fails to cooperate in good faith to eliminate the recurrence of the violation(s); cause serious short-term public health impacts, such as an emergency incident requiring medical treatment; result in serious long-term public health impacts, such as circumstances where toxic emissions exceed the applicable ambient level in Program Policy DAR-1; involve exceedance(s) of an applicable emission standard and cannot be remedied without installation of, or major modification to, pollution control equipment or process equipment; concern a major substantive requirement of the New Source Review program, including the Clean Air Act (CAA) Part C - Prevention of Significant Deterioration (PSD) and CAA Part D - Non-Attainment area programs; involve exceedance(s) of permitted emission limits by a synthetic minor source where the exceedance(s) would classify the source as a major source; have been committed intentionally, knowingly, recklessly or with any of the culpable mental states defined in Penal Law 15.05; warrant a penalty that exceeds the guidelines set forth in IV.3 of this Policy; or. Waste Determinations and Administrative Files. Specifications and schedules for annual production and distribution of sporting license materials. Agreements, maps, authorizations, deeds, directives, notifications, vouchers, abstracts, for the purchase of lands for flood control purposes. WebNew York State Department of Environmental Conservation Division of Water . Outer Continental Shelf (OCS) Environmental Records. Supplementary detailed fiscal documentation, including copies of purchase orders, invoices, and canceled checks. Includes pertinent data necessary for challenging the fee and determination from programs. Training records, formal requests and department responses related to the Freedom of Information Law (FOIL). Reports of violations observed and initiated by forest rangers. Time records for all employees prior to 4/6/17. Medical Waste Generator, Transporter, & Incinerator Annual Report. It is not to be used in determining penalties at a hearing or trial. Correspondence, briefing documents, reports, and other records related to carrying out and documenting the director level decision and policy making of individuals in these positions. Correspondence, documentation on old pollution problems. These include modeling protocols, what the analysis should consist of, monitoring data, and other data that might impact the ambient air. Location and biological information on occurrences of plants, animals and natural communities of particular interest because they are endangered, threatened or exemplary. Fish Stocking/Hatchery Historical Records. Flood and Coastal Erosion Forecast, Warning and Followup. Special Incident Reports from Dept. Includes guidance, proposals, State submittals, and court judgments. How to file a complaint of The data contains information on various air contaminants (including but not limited to: ozone, particulate matter, toxic air pollutants, volatile organic compounds, criteria pollutants, etc. Reports and related records concerned with acquiring or rehabilitating structures to improve access by recreational fishers to marine resources. DEC's regulations are found within Title 6 of the New York Codes, Rules and Regulations (NYCRR). Includes recyclables handling and recovery facilities, construction and demolition debris handling and recovery facilities, waste tire handling and recovery facilities, metal process and vehicle dismantling facilities, used cooking oil and yellow grease processing facilities, navigational dredge material handling and recovery facilities, land applications of biosolids, composting facilities, and mulch processing facilities. For minor permit violations, the DOW uses an informal process called a Notice of Violation to encourage the entity to correct the problem. Training and Development Office - Course Registration Processing Records. Laboratory Contracts and Analytical Data Mgmt. Clean Water Act Sections 106 & 319 Grant Files, Files DEC's Performance Partnership Grants from EPA for funding under Sections 106 and 319 of the Clean Water Act. The manifests identify the type of waste, and records dates shipped to, and received for, disposal. Appendix B Susquehanna/Delaware River Basins Project Files. Community maps, studies and related correspondence. New York State aerial photos and aerial survey records of sections of New York State. Order on Consent Enforcement Policy (revised 08/28/1990) In addition to any other regional or program procedures, all regional Short-Form Consent Orders negotiated by regional Air Resources Staff must be approved by the Regional Attorney as to form before their submission to the Regional Director for execution. Reports, lists & data relating to quality assurance performed, e.g., laboratory tests of equipment, field performance and systems audits on equipment, and verification of data. Contains procedures, search committees, job advertising, recruitment and outreach plans, screening criteria, statistics on applicants and related records. MWBE utilization plans filed with the MWBE unit. Program Files - Mobile Sources and Technology Development. Records of License Sales. Series consists of black and white and color positive prints, slides, and video cassettes (VHS) depicting various forest resource management related activities. Grievance files include complaints, agency responses, and decisions. Reports are submitted annually. Date Issued: 14 March 2005 Records relating to administrative matters and other issues relating to the internal functioning of Office of General Council (OGC). The Department's subject matter list briefly describes the various types of records maintained by DEC. Current Operational Records for Water Quality Standards, Technical Information on Specific Chemicals. Hatchery historical records are individual historical data by location. Correspondence concerning oil, gas and other ECL 23 wells - complaints, letters from operators, and requests for reports. DEC accomplishes this by drafting, promulgating and enforcing its environmental regulations. Legislative initiatives generated by NYSDEC or other state agencies forwarded for program review and comment. Radio system information, Federal Communication Commission licenses for radios and towers used by the Department for the Divisions of Law Enforcement and Forest Protection. Materials include design of the auction. A major portion is in the form of handouts. Series consists of correspondence, memoranda, nominations from interested parties regarding trees that should be considered historic or are of significant size. Container deposits initiated and redeemed reports, annual statistical summary reports, correspondence with public distributors and dealers, technical and economic studies, and consent orders. Correspondence, reports, Federal OCS oil and gas leasing proposals, lease sale documents, proposed and final regs, leasing policy decisions, legislative proposals, minutes, and general research files. Job applications, resumes, and other records prospective employees submit to Personnel and Program Offices for employment consideration. Hydroelectric Power Project Federal Licensing. Series consists of annual reports received from medical waste generators, transporters and treatment facilities, and enforcement cases related to facilities.

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nys dec notice of violation