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| ECB (Environmental Control Board) |
Decisions Posted on Site:
Board Decisions (June 24, 2003 - Present)
Link to Environmental Control Board web site
The Environmental Control Board (ECB) is an administrative tribunal that provides hearings for various "quality of life" infractions of the City's laws and rules. The ECB, created in 1971 and operating within the Department of Environmental Protection (DEP), holds hearings on notices of violation (NOVs) issued by many city agencies, including the Departments of Sanitation, Environmental Protection, Health, Consumer Affairs, Buildings, Fire, Police, Transportation, Information Technology & Telecommunications, Landmarks Preservation, Parks and the Business Integrity Commission.
The Board is comprised of 13 members, the Commissioners of seven city agencies and six citizen members appointed by the Mayor. The Commissioner of DEP is Chairman of the Board. The ECB employs Hearing Officers, also called Administrative Law Judges or ALJs, to preside at its hearings.
The Board's jurisdiction is set forth in Section 1404 of the New York City Charter. Currently, ECB conducts hearings on Notices of Violation, enforcing such laws as illegal dumping, abandoned vehicles, dirty sidewalks, unlicensed street vendors, building and fire codes, asbestos abatement, use of city parks, street and sidewalk openings and posting of handbills.
The rules of the ECB are found in Chapter 31 of Title 15 of the Rules of the City of New York ("Enforcement Procedures Before the Environmental Control Board"). The hearing and appeal processes and the rights of parties appearing at the ECB are described there. In brief, parties wishing to contest NOVs appear at hearings before ALJs who, after considering the testimony and documentary evidence presented at a hearing, issue recommended decisions and orders, either finding a respondent in violation and imposing a penalty or dismissing the NOV. When a respondent is found to be in violation, the Board's authority, for the most part, is limited to imposing civil penalties.
Any party disagreeing with an ALJ's decision may file an appeal with the Board, provided that the procedures set forth in the ECB Rules are followed. The ECB decisions posted on the Center's web site are appeals decisions rendered by the Board. All such decisions issued on and after June 24, 2003, are included here.
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