New York State Public Service Commission Issues Notice of Probable Violation Citation to ZCD Construction

Strategic Insights -

The New York State Public Service Commission has issued a Notice of Probable Violation Citation to ZCD Construction, alleging a violation of regulations implementing SS119-b of the Public Service Law and Article 36 of the General Business Law. The citation, dated October 8, 2025, references a failure to provide proper notice to the one-call notification system before commencing excavation at 1 Jones Road, Paris. The Commission's authority to enforce the regulations is derived from GBL Article 36, SS765(1) and PSL SS119-b(8). The maximum penalty for which ZCD Construction may be liable is $4,375.

Key Takeaways:

  • The Notice of Probable Violation Citation was issued on October 8, 2025, referencing a failure to provide proper notice to the one-call notification system.
  • The maximum penalty for which ZCD Construction may be liable is $4,375.
  • The alleged violation occurred at 1 Jones Road, Paris.
  • The Commission's authority to enforce the regulations is derived from GBL Article 36, SS765(1) and PSL SS119-b(8).
  • The applicable provisions are found in 16 NYCRR Part 753, Protection of Underground Facilities.
  • The Commission is seeking a penalty of $4,375, and ZCD Construction has the option to dispute the allegations or consent to the penalty.
  • If ZCD Construction chooses not to dispute the allegations, they must remit the sum of $4,375 payable to the "Department of Public Service" along with a signed Consent Order Agreement.

Statistics:

  • The maximum penalty for which ZCD Construction may be liable is $4,375.
  • The Commission's authority to enforce the regulations is derived from GBL Article 36, SS765(1) and PSL SS119-b(8).
  • The citation was issued on October 8, 2025.
  • The deadline for responding to the Notice of Probable Violation Citation is November 13, 2025.
  • The penalty for which ZCD Construction is being held liable is $4,375.

Sources:

  • Notice of Probable Violation Citation 25-0238-01 dated October 8, 2025.
  • 16 NYCRR Part 753, Protection of Underground Facilities.
  • GBL Article 36, SS765(1) and PSL SS119-b(8).