On September 12th, 2016 the Department of Finance launched its 90-day amnesty program allowing subjects with unpaid ECB violations an opportunity to pay their fines at a reduced rate. Those that have lingering violations are encouraged to participate before the Department of Finance imposes strict collection measures that may include wage garnishment and even sale of property.
Check to see if your buildings have violations with the Outsource ECB Violations Tool.
The program affects a few types of violations:
Defaulted violations occur when a respondent neglects to attend the ECB hearing. Defaulted violations include a base penalty, a default penalty and interest accrued. The DOF program will give subjects an opportunity to pay only the base penalty, waiving the default fee and interest.
Adjudicated violations occur when a judgement has been determined by the Environmental Control Board. As part of the amnesty program, the Department of Finance extends an offer to pay 75% of the penalty and a waiver of all accrued interest.
Violations with Certificate of Correction
Subjects with violations that require a Certificate of Correction must rectify with the DOF as well as the issuing agency in order to participate in one of the above scenarios. To the DOF they must sign an agreement committing to correct the violation within 6 months, pay a 25% deposit of the violation and pay the balance within 6 months. To the issuing agency subjects must also demonstrate correction.
There are other conditions for participation. They are:
- Subjects cannot participate if they have already negotiated a settlement as part of LL47 of 2009
- Subjects must admit liability for the violations and waive all defenses to liability
- Subject must settle all violations fines, essentially an all or nothing deal.
- Subjects cannot participate if there is a crime associated with the violation.