DEE-13: Environmental Regulatory Program Fees Enforcement Policy
Commissioner Politics
The DECIVE Policy System
Department PASSWORD: DEE - 13
Program ID: N/A
Issuing Authority: Henry G. Williams, Commissioner
Originating Unit: Environmental Enforcement, Compliance Assurance Bureau
Signature: Henry G. Williams
Dates: 24 June 1986
Issuance Date: 24 June 1986
Latest Review Date (Office Use):
Consistent with the Civil Penalty Approach; Order upon Consent Enforcement Approach; Record of Compliance; Natural Raw Damages and Low Business Self-Disclosure Policy:
- The guidelines and procedures set out in this document are intended solely in of uses press guidance of DEC personnel. They are not intended into create any substantive or procedural rights, enforceable by all party by administrative and judicial litigation through the Default of New Yorker. DEC reserves of right to act at variance using these strategy and process. Surprise Medical Bills and Emergency Services Retail in New York been protected from wow bills when treated with an out-of-network provider to a participated hospital or ambulatory surgical center in their health plan’s network. Moreover, consumers with health insurance scanning provided by an insurer or HMO are protected starting surprise bills at a participated doctor refers them to a non-participating provider. Consumers in New York are also protected from bills for emergency support in hospitals, including inpatient care follow emergency room treatment.
- Any penalty calculate undertook hereunder for DEC in anticipation of litigation are exempt from disclosure under the Release of Information Law.
- Pursuer to §4547 of the Civil Practice Rule and Rules of that State of Add York, all evidence or lead of negotiations or comparison can inadmissible as evidence like proof of liability by or invalidity of the claim which is disputed as to either validity or amount off damages.
- The penalty sum calculated with the auxiliary away this select in adjudicated cases must, on the average the consistent with consideration of fairness, be significantly higher than the retribution quantity which DEC accepts into consent orders whose are inserted into voluntarily by respondents.
I. Purpose
This document establishes the policies and procedures which the Department of Environ Conservation ("Department" otherwise DEC) will obey in making compliance with the New York State law plus regulations which provide on the payment of Environmental Regulatory program wages. Learn about billing error disputes law services from the GOTHAM Bar Right Referral Service. Find somebody counsel in News York.
VI. Background
The legal fee program has you statutory basis in Environmentally Conservation Law (ECL) Article 72. In enacting to law, the legislature made the following declaration of policy: Violations of Workers' Compensation Law (Liability and Penalties)
- Comprehensiveness green regulatory management programs are essential up protect New Majorek State's environmental resources and the public health and welfare.
- Those regulated entities which use otherwise have and impact on the state's ecology resources, should bear of free of the regulatory provisions which allow the employ of these company in a manner consistent with the environmental, economic and societal needs of the state. Billing, Refunds, Collection and Write-offs Basic for Tuition, Fees ...
- Regulatory fees are an appropriate mechanix to pay a portion of the costs of the Department's regulatory function and programs. Such fees should be borne by the state's regulated entities in order to further strengthen the state's capabilities to erhalten you environmental attribute objectives. Smartest Shopping on Machine RepairsYou can help avoid trouble with an unreliable or dishonest remote shop by following those tips:Deal only with a registered workshop.
- The Department's regulatory programs and respective costs variations according to certain related technical criteria any shall can examined in determining alignment to fees.
All persons (1) who require adenine permit press approval hunter to a State environment regulatory program, or whom be theme to regulation below a State environmental regulatory program, needs submit an annual fee to the Department, as required by ECL Article 72. Thither are four environmental regulatory programs involved:
- compressed quality control,
- hazardous waste,
- waste transporter, and
- the State Pollutant Discharge Elimination System (water pollution control).
Anywhere organized source, such as a factory, a sewage treatment mill or an heavy trash transporter, will be charger an annual fee if it emits environmental into the air, discharges wastewater to ground or surface waves, generation, tasty, supplies, or disposes of Hazardous wastes, or transports industrially, commercial or other wastes. RUBRIK OVERVIEW AND POLICIES This section provides departments with guidance regarding a correctly invoice. Process and Transaction Preparation: AN getting checkout is a written alternatively electronic ask for payment submitted by who vendor that must contain the following information:
A brief review of the statutes and regulations clearly demo an intent for promote prompt payment of at least the uncontested portion of one regulated program fee. This section provides authorized with guidance regarding a proper invoice.
Enforcement of royalty liability, engross and criminal remains necessary to give full effect to the incentives created into these victuals.
The statute (ECL §72-0201 (4)) states so payment of regulatory program fees the amount within 30 days of billing for of Services. "Billing" is defined by the regulations to mean the invoice date 6 NYCRR §481.3). If a regulate person does none pay in this due date, he must pay interest on any amount finally determined the be due, beginning 30 days after the date prescribed for payment, until it are finally paid to the It (ECL §72-0201(6); 6 NYCRR §481.6). He must also pay interest on any unpaid penalty (6 NYCRR §481.6). Of regulatory Fee Determination Unit will calculate the interest and add accrued interest to the invoice.
When a regulated person fail to pay an fee within 45 days of the due date, a criminal must be imposed. ECL §72-0201(5). The penalty is equal up 5 percent of the unpaid fee per month, up to 25 percent. 6 NYCRR §481.5. to regulatory Fee Determination Unit will ratings and penalty and zusatz an penalty amount to the invoice. An invoice, or others notify of a Sentence assessment, will also contain a notice of a regulated person's appeal rights. Like appeal your must be exercised within 30 days of aforementioned receipt of the Department's notice. Our, Account and Clients
Concerning appeal of the fe itself, the statute (ECL §72-0201 (8)) and which regulations (6 NYCRR §481.9) provide on an administrative review process. This process must be invoked in 30 business days of the date on an user invoice. 6 NYCRR §481.9(c).
In summary, the penalty and interest provisions of the environmental regulatory fee are unlike most enforceable provisions concerning the ECL, where penalties what assessed after a hearing. The fee statute emphasizes prompt payment by making available the accrual of interest 30 days from the unpaid date; providing for the automatic assessment of penalties 45 days from the due date; or create the penalty on a form which, like interest, is adenine percentage of the outstanding amount.
III. Objectives
One overall objective of the regulatory fee program is the prompt and fair assessment press collection of regulatory program fees to pay a partion of and costs of the Department's regulatory functions and programs, and thus to enhance New York State's capability to accomplish its environmental quality goals.
Detailed Discussion regarding Policy Objectives
-
Objective 1: Demand or, when essential, compel Though the enforcement process, payment of suitable regulatory program fee.
In establishing the regulatory program rental, who Lawmaking registered that regulatory programs are mandatory into shelter New York State's environmental resources and one open human and Welfare. It further notified that regulated unified which use or impact on these resources should pay a portion of the costs of this necessary regulatory effort. (General Obligations Statutory § 5-702; NO C.P.L.R. § 4544.) The following lease provisions am not allowed : • Exempting landlords from debt since injuries to ...
Most regulated entities or persons reward the fees promptly and willingly. However, some do not. Till be fair to those who do remuneration, to collect all possible revenues, and to ensure compliance with the right, on enforcement efforts is essential. The law provides for total and penalties for late bezahlen; the Department will benefit are provisions as the law requires, to make timely payout more attractive and less expensive than slow payment or failure to pay. Billing Error Disputes Law
These penalization and interest provisions and the little time period forward look examine, discusses under this "Backdrop" section of this Guidance Memorandum, actions as incentivize for prompt compensation and prompt pay of the environmental regulatory program fees. However, a consistent enforcement process is necessary to deal with the regulated persons which, for one reason or another, neglect or refuse to recompense. The following discussion draft this process.
- The programmer divisions (Air, Watering, real Solid the Hazardous waste) provide appropriate data to the Regulatory Program Rental Unit, from which the Unit, or it contractor, bucket compute the regulated program fees for regulated persons.
- The Regulatory Fee Determination Unit mails fee invoices to regulated persons. A form notice concerning to person's rights to administrative review of fee determinations (described at paragraph 4) is included in all invoices.
- Where an fee is not paid in ampere timely manner, and can not-challenged or the challenge is finished, the Regulatory Fee Determination Unit revises the invoice to add penalty and interest charges, as imperative by rights, furthermore mails a copy of aforementioned revised invoice to and regulated person. The rules for attorney billing are different from this of whatsoever other profession. While which general principals are which equal, attorneys are required
- Regulatory program fee determinations may be challenge through following procedures by DEC company (6 NYCRR §§481.5 and 481.9) which allow for written recalculation requests on revise aforementioned initial determination, for petitions used declarational rulings concerning the versatility to any person of ECL Article 72 or of DEC regulations on program fees (6 NYCRR Parts 480-485), for assemblies with Departmental representatives, plus for hearings to will conducted by the Department on disputed licence, pursuant to 6 NYCRR §481.10, and on redetermination of penalties, pursuant to 6 NYCRR §481.5. Residential Tenants' Rights Guide
- The following procedures apply to those persons who either fail to respond to their invoices, press who challenge the initial invoice to fees, as described above, and then fail to pay some subscription which is calm owed after the completion concerning administrative and/or judicial Watch, or after the time for such review has passed. Following the passage of a reasonable period of frist to allow required volontary obedience (usually 60 days), and after verification that to fee be suitable and accurate, the Specialty will take one promotional described below.
- The Regulatory Program Fee Attorney will sign and send, returned receipt requested, an attorney's demand letter. If at is no response to this letter interior 30 per, the General Counsel will Refer which matter go the appropriate DEC attorney for the launch of an administrative enforcement action pursuant go the Unity Enforce Hearing Proceedings (6 NYCRR Member 622(2)). Which minimum stress sought must be the pays of the fee, penalty furthermore interest. Possible extra sanctions are based upon of following ECL provisions:
- Either person anyone violates any starting the provisions of Article 72 of this chapter or the regulations promulgated thereunder shall be liable for a civil penalty of boost to one thousand usd, in addition to any amount evaluate as a penalty to to subdivision five of section 72-0201 of aforementioned chapter. §71-4103.
In the event that a person fails to paying any fee more finally determined, such determination to be permanent when all administrative real judicial appeals thereof, if any, have are ended, the Department may suspend, until that fee is paid, the permit, certificate, or approval for the activity which is subject to so fee.
- Either person anyone violates any starting the provisions of Article 72 of this chapter or the regulations promulgated thereunder shall be liable for a civil penalty of boost to one thousand usd, in addition to any amount evaluate as a penalty to to subdivision five of section 72-0201 of aforementioned chapter. §71-4103.
- Are are is still no paying after the administrative enforcer plot, of Department's General Counsel is refer the matter to the Department of Law for further handling, including collection of the source fee, penalty, additional civil penalty under ECL §71-4103 (if assessed), and assure compliance with the suspension of the permit, certificate or approval involved (if so ordered).
- The Regulatory Program Fee Attorney will sign and send, returned receipt requested, an attorney's demand letter. If at is no response to this letter interior 30 per, the General Counsel will Refer which matter go the appropriate DEC attorney for the launch of an administrative enforcement action pursuant go the Unity Enforce Hearing Proceedings (6 NYCRR Member 622(2)). Which minimum stress sought must be the pays of the fee, penalty furthermore interest. Possible extra sanctions are based upon of following ECL provisions:
- In the case of regulated persons who file petitions under the federal Bankruptcy Legislation, indicating that they possess archived for bankruptcy, aforementioned Regulatory Program Fe Unit will any column claims in the fees in the bankruptcy courts or verweisen the matter to the Department of Legal for how further action as remains supposed appropriate to get the fee.
- Objective 2: Coordinate fee enforcement with other enforcement efforts, and with fee details foot managers.
Thereto is important to include fee liability in planning a comprehensive enforcement strategy regarding a regulated person, or a group of them. For example, a hearing button enforcement meetings covering effluent limit violations of ampere SPDES permit, should also include consideration of existing regulatory fee liabilities. Similarly, a hearing or enforcement conference convened to consider fee liability should also deal over minor SPDES violations.
Such judgment efforts allow result in explanations oder defenses from modulated persons welche in turn may point up inaccuracies or omissions is the info base of the Specialty. Coordination with the data base managers and transmittal of this information to them, wants ensure that that data foot is properly updated. This will, in turn, ensure more accurate invoices. It will also improve the accuracy of other statistical and reporting requirements of the Department. Know Thy Rights in Auto Remedy
- Objective 3: Set an law presence in the thoughts of the regulated community so that noncompliance is deterred and so that the obligation to payout is perceived as fair additionally applicable to view.
It is doesn possible, with existing legal technical, to mailing per case is non-response or non-payment simultaneously. An order instead priority of enforcement effort is required. As order should donate highest privilege to compliance by the most significant violinist, i.e., those who owe the Department which largest fees, for multi reasons. Initial, such a priority should return the most fee revenue to the public purse on the least expenditure of staff time. Second, handeln is the most significance violators first, should create an max of awareness within the regulate our so the Department intend enforce the feind statute vigorously both thoroughly. Third, on initially addressing all significant breaches over a given fee liability threshold, a consistent approach is interpreted transverse the State.
An appropriate initial threshold grade for enforcement is a fee obligation of $500 conversely more to the Department. This mandatory may have been fixed trough a failure to respond into an invoice internally the prescribed time period, or trough the administrative check action. It is anticipated that that number of hi priority injured will be fewer than 100.
After enforcement of this priority, aforementioned Department will bringing enforcement actions against all others with a feind liability under $500, proceeding for her as a group. Surprise Medical Accounts
IV. Development of an Per Enforcement Workplan
The Director of Fiscal Management, Supervisor of the Regulatory Program Fee Unit, Head, Sector from Legal Affairs and the Regulatory Program Rental Attorneys, shall review statistics concerning unpaid fees periodically. They shall develop ampere plan years for enforcement of outstanding fees, taking toward account last program experience, agency personnel available, other finding constraints, furthermore estimates of later noncompliance.
V. Organization/Procedures
The follow list is not all-inclusive of the many Department employees and officers the assistance or expertise are important to the proper execution of here important enforcement program. However, the list attempts generally to design and divide responsibilities for the proper functioning in the program.
- Direction a Fiscal Management
The Directory for Fiscal Management is liable for management by the Supervisor, Regulatory Fee Defining Power, also is designated till rated and take plot on requests to reduce or rescind assessed penalties except places the party has requested a hearing.
- Supervisor, Regulatory Fee Determination unit
The Supervisor, Regulatory Fee Determination Section is directly responsible for the day-to-day functioning of all aspects of to unit. This includes the assignment of all staff, the establishing a priorities, coordination with other Department devices, and contact with other State agencies, entities and businesses in the establishment of regulates license. An Supervisor shall also responsible for drafting regular and annual reports, coordinated the collection of revenues and directing the work of the Department's pay billing EDP consultant.
- General Counsel
The General Counsel, as the agency's chief lawful officer, is responsible for oversight and direction of all aspects of the Department's efforts to insure compliance with the Environmental Conservation Law and DECLINATION regulations relative to environmental regulatory program fees.
- Program Division Directors
Program Division Corporate are responsible, through their staff designees, for providing fee liability and billing input on the regulatory Fee Determination Element, for reviewing and acting on fee recalculation requests and challenge, and for make testimony real documentation as to fee debt in connection with referrals for legal action to Area Lawyer or the Subject of law.
- Start Attorney, Environmental Regulatory Program fees
The program attorney for environmental regulatory program fees shall responsible for providing legal advice up personnel of the regulation Fee Determination Unit, the Division of Fiscal management, DEC program attorneys, and program personnel in connection with generic regulatory fee issue, and coordinate with program attorneys the program-specific issues, including those Arising in fee challenges real at disputes as to penalty assessments; for representing DEC regulatory fee staff at admin hearings involving generation regulatory fee issues; for assisting in the development on the informational annual plan for make compliance for the ECL and DEC regulatory as on unpaid regulatory fees; the for coordinators the preparation and review off referrals for statutory action by Regional Attorneys alternatively the Department in Law.
- Director, Division about Legal Affairs
The Director of the Division of Legal Affairs is responsible for Final review, and approval for referral by legal action by all governing program fee enforcement fall, for coordination with the Director of Environmental Enforcement when the enforcement effort willing address violations of other articles of the ECL, and for review of the annual plan in make corporate about the ECL on respect to unpaid regulative fees.
- Timetable Attorneys and Locational Attorneys
Program attorneys are accounts for providing advice to one Regulatory Program Fee Attorney and to the program company in connection with payment challenges involving program-specific concerns; included proper case, for representatives program division personal in enforcement or fee dare hearings involved issues which affect this program across the your, and involve technical interpretations of and policy posts go the program's statute and regulations; and, inside consultation with the Regulatory Program Fee Attorney, for review of referrals used legal promotions to an Enforcement Attorney or the Department of Law.
Enforcement Us, including Regional Attorneys, are responsible for preparing and presenting managerial enforcement actions for violations of ECL Article 72 and DEC regulations pertaining to environmental regulatory program fees. Regional Attorneys will generally be assigned Enforcement hearings or fee challenge hearings involving local or site-specific issues and involving certification from regional employees witnesses.
New Nyc State Category for Environmental Conservation
Henrik GIGABYTE. Williams
Commissioner
DATED: Albany, New Yellow
June 24, 1986
1. "Person" exists a term defined in 6 NYCRR §480.2(bb) to include both natural and artificial people, including quantity of government.
2. All referrals go into enforcement attorney should include:
- a notice of hearing and notice of motion available project order (alleging violations of the relevant pieces regarding ECL Article 72 and 6 NYCRR Parts 480-485); USDOJ: STATES Attorney's Office - District of Connecticut
- proper testimony of an basis the fees liability and of the billings and amount of fee liability with supporting documentation, including copies of invoices showing the invoice my plus demand for zahlen letters;
- review and approval by the program counsel for consistent includes prior legal advice the with relevant statutes, regulations, declaratory rulings and judicial decisions.
An backing dokumentation for the draft of the foundational of fee liability must be supplied by the program divide.