Violations: Problems With NYC DEP & ECB Noise Measurements

Have You Received a Noise Violation?

You must act right away!

The New York City Noise Code has numerous provisions, addressing sound from commercial establishments, mechanical equipment and commercial music, among other things. It also specifies how different types of noise are to be measured. But the equipment and methods used by the DEP (Department of Environmental Protection) do not always match the Code provisions. Sometimes this can lead to erroneous results; violations are issued for noise that does not actually exceed the standards, and in other cases the opposite occurs, with no violation for noise that does exceed the applicable limits.

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This is very important. The fines for Noise Code violations escalate, and your equipment can even be shut down after repeated violations. If you have received a noise violation from the DEP or ECB (Environmental Control Board) call us right away. We have been able to get these "shut-off" orders removed.

What can we do?

If you run a commercial establishment, the Noise Code sets limits on the sound levels that may be produced by your equipment. But the DEP often often makes mistakes in issuing violations.

If the violation was
issued erroneously,
we can provide
the evidence.
If you are in violation,
we can make
recommendations
to help fix the
problem.

Sometimes the mistakes are procedural; the violation is written improperly.

Sometimes the mistakes are technical; the measurement equipment is used improperly.

If the DEP issues a violation with mistakes, you may be entitled to have the fine rescinded.

If the violation was issued erroneously, we can provide the evidence (read about successful defenses against Noise Violations here and here). And if you really are in violation, we can make recommendations to help fix the problem. In some cases, the fine for a first violation can be waived if you can show that you are proceeding with a remediation plan.

In either case, you'll need to act quickly and get the proper plan in place the first time.