I’m Late! I missed the Annual Right-to-Know Filing Deadline with the NYC DEP. Now What?!

Right-to-Know filing late
Right-to-Know filing late

What are the Penalties Involved for Late Filing?

If your facility is located within the five boroughs of New York City (NYC) and stores, processes or uses hazardous substances at or above Reportable Quantities (RQ) you are required to submit a Right to Know Tier II Report to the NYC DEP annually by March 1st. Did you miss the deadline?

Don’t Panic!

If you haven’t filed, and you have not yet been inspected or issued a notice of violation, don’t panic. Get your records together so that you can submit your Right-to-Know filing as soon as possible to the New York City Department of Environmental Protection (NYC DEP). Completing and submitting your Tier II report filing sooner than later after the filing deadline, may head off a violation and/or fine all together, or at least help minimize the penalty you may receive.

What Late Filing Penalties May Apply?

As per New York City Local Law #26 Chapter 7 (41-14)(b), the following are the range of penalties a facility may face, if it fails to submit on time:

  • First Violation: $250 – $2,500
  • Second Violation: $1750-$5000
  • Subsequent Violations: $3,750 – $10,000

Have you been Inspected or Did You Receive a Notice of Violation?

If you have been recently inspected by the NYC DEP and/or received a Notice of Violation for not filing on time, it is in your best interest to submit your NYC DEP Tier II Report as soon as possible to avoid further penalties. You are still responsible for filing, even if you are late. If you received a Notice of Violation, make sure to read the requirements on it and follow the instructions noted. Pay special attention to the time frame given to cure your initial violation before receiving a stricter violation.

What if My Facility is Currently Closed Due to the Coronavirus Pandemic?

Although many government agencies are pausing or limiting many of their regulatory enforcement activities due to the Coronavirus pandemic affecting NYC and the world, the filing deadline was weeks before businesses were ordered to close. So, it’s still best to take this time to get yourself into compliance to avoid potential penalties going forward.

The good news is that the filing and payments of filing fees can be completed online!! You may have already completed an online filing in the past, and/or your needed inventory, safety data sheets and other relevant information may already be available electronically, or you may otherwise have the needed information available to use for this purpose.

Let us Help You.

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) 624-7200.

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