🚨 NYCDEP Just Raised the Stakes on Asbestos Violations

On August 1, 2025, the New York City Department of Environmental Protection (DEP)’s officially adopted amendments to its Asbestos Penalty Schedule go into effect - and if you're an asbestos investigator, asbestos contractor, or building owner, this is something you can’t afford to overlook.

With the broader amendments to Title 15, Chapter 1 that took effect on February 14, 2025, the rule set clarified definitions (e.g. “physically present”), tightened certification procedures, reinforced record-keeping, and required digital modernization like electronic investigator credentials and updated Workplace Protection Plans. In turn, the NYCDEP updated the penalty schedule to ensure enforcement remains aligned with those rule changes.

🔍 So What’s Changed?

Five new violation categories have been added to the existing enforcement schedule found in Title 15, Chapter 53 of the Rules of the City of New York. Each one comes with financial consequences for non-compliance - especially for repeat offenses.

Whether you’re working on a variance, filing ACP-7s, monitoring abatement work, or conducting asbestos investigations, these rules are meant to ensure proper procedure is followed at every step.

💸 New Violations and Penalties

Here's a clear breakdown of the new penalties adopted by DEP:

Section	Violation Description	1st Offence Penalty	1st Offence Stipulation	2nd Offence Penalty	2nd Offence Stipulation
15 RCNY § 1-03(a)	Failed to generate an approved variance (V2 Form) by entering start date in ARTS	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-03(j)	Failed to place ACP-7 in postponed status in ARTS until variance application approved	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-29(e)	Failed to store records to minimize possibility of water damage	$1,200	$1,000	$2,400	$1,500
15 RCNY § 1-32	Performed abatement activities without air monitoring	$4,800	$3,000	$9,600	$6,000
15 RCNY § 1-38(d)	Sample collected by unauthorized person or outside physical presence of certified asbestos inspector	$4,800	$3,000	$9,600	$6,000

🛠️ Why These Updates Matter

This isn’t just about increasing fines—it’s about closing compliance loopholes and ensuring asbestos work in NYC is handled safely and responsibly. The NYCDEP has tightened its expectations around:

• Variance filing through ARTS

• Proper project postponement protocols

• Safe and secure recordkeeping

• Required air monitoring during abatement

• Supervised sample collection by NYC-certified personnel

Failure to meet these standards now means thousands of dollars in fines—even on a first offense.

✅ How to Stay Ahead

To avoid violations (and steep penalties), be sure to:

• Review your internal processes for ACP filings and sample collection.

• Ensure air monitoring is performed and documented for all abatement jobs.

• Train your team thoroughly on the updated asbestos rules.

• Always maintain a DEP-compliant recordkeeping system.

Need Help Navigating These Changes?

At CNS Environmental, we offer comprehensive asbestos training and consulting services to help contractors, investigators, and property managers stay compliant, certified, and ready for inspections.

Whether you need the Asbestos Inspector Initial Course, Asbestos Supervisor Initial Course, or Asbestos Project Monitor Initial Course, we’ve got the training - and the compliance guidance - to keep your team penalty-free.

See the Adopted Amendments to the Asbestos Penalty Schedule Here

See the Adopted Amendments to Title 15, Chapter 1 Here