Penalties associated with violating NYC’s Pollution Air Code

Penalties associated with violating NYC’s Pollution Air Code

On Behalf of | Nov 23, 2022 | Environmental Defense

New York City has high air pollution rates, and, as a result, it has outlined strict regulations regarding air quality that businesses must adhere to.

If you own a business in or around NYC that emits chemicals or other harmful substances, you should understand what the Air Pollution Air Code is. Violating any of the provisions results in penalties.

Leading air pollutants in New York City

According to the NYC Environmental Protection, there are certain pollutants that are more common, and they affect the quality of life and health of individuals. The main sources of fine particulate matter are boilers and motor vehicles. Elemental carbon mostly comes from fossil fuel combustion. Ozone comes from industrial emissions and vehicle exhaust. The sources of sulfur dioxide include industrial facilities and power plants, and nitrogen oxides are from vehicle emissions and other sources.

Examples of Air Code violations and associated penalties

American Legal Publishing lists all of the provisions related to the Air Pollution Air Code and the penalties for violating them. Examples of just some of them include:

  • Building demolition without registration: Penalties range from $800 to $3,200
  • Unregistered boilers or water heaters: Penalties range from $400 to $1,600
  • Installation of refuse burning equipment unless permitted type: Penalties range from $1,600 to $6,400
  • Spraying asbestos into building during construction or repair: Penalties range from $400 to $1,600
  • Mold assessment or remediation for a project performed by an unlicensed person: Penalties range from $800 to $10,000
  • Failure to use ultra-low sulfur diesel fuel in non-road vehicles: Penalties range from $1,000 to $10,000

Most violations have increased penalties for subsequent offenses.