Was I Supposed to File a Tier II Annual Report for My Facility?
The New York City Department of Environmental Protection (NYC DEP) Community Right-To-Know Law [Local Law 26 of 1988] requires all NYC businesses and facilities handling and storing hazardous substances at or above Reportable Quantities (RQ) to annually file a Tier II Report (or file for exemption from the requirement) by March 1st. The Tier II Reports are required to include details on the quantity, location and chemical nature of every applicable hazardous substance present at the facility.
What are the penalties for missing the March 1st filling deadline?
If you missed the March 1st filing deadline, your facility may be inspected and/or you may receive a notice of violation from the NYC DEP by mail.
According to Local Law 26, Chapter 7, Title 24, penalties range as follows:
- First Violation: $250-$2,500
- Second Violation: $1,750-$5,000
- Subsequent Violation: $3,750-$10,000
What do I do if I get inspected or receive a Notice of Violation?
If you have been inspected, get your records together for submission of your Right-to-Know filing as soon as possible to the NYC DEP. Completing and submitting your Tier II report filing right away may prevent a violation and/or fine all together, or at least help minimize further penalties.
If you received a Notice of Violation, you will likely be provided no more than 30 days to correct the violation, including payment of the penalty AND still submitting your Right-To-Know 2020 Tier II Report.
If you are not sure how to handle your late Community Right to Know filing, were inspected, or received a violation and need assistance, contact Walden Environmental Engineering at (516) 758-1273.