Decisions Posted on Site:
Board Decisions (June 24, 2003 – Present)
The Environmental Control Board (ECB) is comprised of thirteen members. Six members are Ex-Officio and six are appointees, confirmed by the City Council. The appointees are experts in the fields of water, air and noise pollution control, business and real estate. There is one appointee who is a general representative. The final person is the Chair. He or she is the Chief Administrative Law Judge (ALJ) of the Office of Administrative Trials and Hearings (OATH). The Board’s jurisdiction is set forth in Section 1049-a of the New York City Charter.
The Charter gives the Board the power to adjudicate summonses so an ECB administrative tribunal was created within the City’s Department of Environmental Protection (DEP) to handle hearings for ECB cases. ECB hearings are hearings on summonses issued for alleged “quality of life” and public safety infractions of the City’s laws and rules; 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, to name just a few. Summonses can be issued by many city agencies, including the Departments of Sanitation, Environmental Protection, Health, Buildings, Fire, Parks, Police, Transportation, Information Technology & Telecommunications, Landmarks Preservation, and the Business Integrity Commission, among others.
On August 12, 2008, Mayor Michael Bloomberg signed Local Law 35 which transferred ECB’s adjudicatory responsibilities from DEP to the City’s Office of Administrative Trials and Hearings (OATH). ECB hearings are now conducted at the OATH Hearings Division.
In brief, parties wishing to contest summonses appear at hearings before OATH hearing officers who, after considering the testimony and documentary evidence presented at a hearing, issue a decision either finding a respondent in violation and imposing a monetary penalty or dismissing the summons. Any party disagreeing with a hearing decision may file an appeal with the Board, provided that the procedures set forth in OATH rules pertaining to appeals are followed. The Board will establish panels from among its members to review recommended decisions issued by the OATH Appeals Unit and to issue the appeal decisions. A panel may refer a case to the full Board for review and decision if the panel is unable to reach a decision. The decision of the panel or the Board is considered to have been issued becomes the final decision in the City administrative hearing process. Appeal decisions issued by the Board can be challenged in New York State Supreme Court under Article 78 of the New York Civil Practice Law and Rules (CPLR).
ECB Appeals 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. All such decisions issued on and after January 27, 2017 are also available in the OATH Hearings Division section of the Center’s web site.