Section 24-601
§ 24-601 Short title. This chapter shall be known and may be cited as
the "New York city hazardous substances emergency response law".
Section 24-602
§ 24-602 Declaration of policy. It is hereby declared to be the public
policy of the city to respond to emergencies caused by releases or
threatened releases of hazardous substances into the environment so as
to preserve, protect and improve the public health, safety and welfare,
and to prevent injury to human, plant and animal life and property. It
is the policy of the city that every person is entitled to an
environment free of hazardous substances that are detrimental to life,
health, and enjoyment of property. It is hereby declared that the
release or threat of release of hazardous substances into the
environment is a menace to the health, safety and welfare of the people
of the city and may cause extensive damage to the environment and to
property. This chapter shall be liberally construed so as to effectuate
the purposes described in this section. Nothing herein shall be
construed to abridge the powers of the board of health or the department
of health and mental hygiene to engage in any of their authorized
activities.
Section 24-603
§ 24-603 Definitions. When used in this chapter:
a. "disposal" means the placing of any hazardous substance into or on
any land or water so that such hazardous substance or any constituent
thereof may be released into the environment.
b. "hazardous substance" means each listed hazardous substance or any
other chemical substance which when released into the environment may
present a substantial danger to the public health or welfare or the
environment.
c. "listed hazardous substance" means any substance listed in
accordance with section 24-609.
d. "person" means any individual, trust, firm, corporation, joint
stock company, association, partnership, consortium, joint venture,
commercial entity or governmental entity.
e. "release" means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping or
disposing into the environment, or the abandonment of a container or
containers containing hazardous substance or substances.
f. "response measures" include actions taken by a city agency or
ordered to be taken by a city agency: (1) to prevent, minimize or
mitigate the release of hazardous substances so that they do not migrate
to, or in any other manner, cause or threaten to cause substantial
danger to the public health or welfare or the environment, (2) to clean
up or remove released hazardous substances from the environment, and (3)
which are necessary and appropriate to protect the public health or
welfare or the environment from an immediate and substantial danger
caused by a release or a substantial threat of a release of a hazardous
substance into the environment, including but not limited to security
measures to protect the public.
g. "responsible person" means
(1) any owner, operator, lessee, occupant or tenant, other than a
residential lessee, occupant or tenant, of property at the time there is
a release, or a substantial threat of a release, of a hazardous
substance from such property into the environment or at the time of any
response measures implemented in connection with any emergency involving
such release or threat of release, provided that if such property is
comprised of an owner-occupied residential building consisting of six or
fewer dwelling units used exclusively for residential purposes, an owner
of such property shall be deemed to be a "responsible person" for
purposes of this paragraph, only if the willful, knowing, reckless or
negligent acts or omissions of such owner caused or substantially
contributed to such release or threat of release, and further provided
that a federal or state chartered and regulated financial institution
which has received title to the property through abandonment,
foreclosure, a deed in lieu of foreclosure, or through a judicial or
bankruptcy order shall not be deemed to be a "responsible person" for
purposes of this paragraph, unless (i) willful, knowing, reckless or
negligent acts or omissions of such person caused or substantially
contributed to such release or threat of release, or (ii) the title was
received in order to secure the underlying credit extension which had
been entered into for the purpose of assisting the responsible person in
avoidance of the provisions of this chapter, or
(2) any person whose acts or omissions caused or substantially
contributed to a release, or a substantial threat of a release, of a
hazardous substance into the environment, provided that where there is a
release, or a substantial threat of a release, of a hazardous substance
into the environment from property used for residential purposes, a
person using such property as a residence and any invitee or licensee of
such person who enters such property, other than an invitee or licensee
engaged in a business involving the use or transport of any hazardous
substance, shall be deemed to be a "responsible person" for purposes of
this paragraph, only if the willful, knowing, reckless or negligent acts
or omissions of such person or invitee caused or substantially
contributed to such release or threat of release, or
(3) any owner, operator, lessee, occupant or tenant of the property at
the time of disposal of any hazardous substance thereon, who had caused,
authorized or permitted such hazardous substance to be so disposed,
where there is a release, or a substantial threat of a release, of such
hazardous substance into the environment, or
(4) any person who, pursuant to contractual arrangement, accepts or
has accepted any hazardous substance for transport, transports such
hazardous substance and there is a release, or a substantial threat of a
release, of such hazardous substance into the environment, or
(5) any person who by contract, agreement, or otherwise arranged for
disposal or treatment or arranged with a transporter for transport for
disposal or treatment of a hazardous substance owned or possessed by
such person, and there is a release, or a substantial threat of a
release, of such hazardous substance into the environment; provided,
however, that no person, who is an entity independent from an otherwise
responsible person, authorized by the commissioner of environmental
protection to implement response measures at the site of a release, or a
threat of a release, of a hazardous substance into the environment,
shall be deemed to be a "responsible person" solely on the basis of any
authorized response measures attempted or implemented by such person at
such site, unless such person's willful, knowing, reckless or negligent
acts or omissions caused or substantially contributed to a release, or a
substantial threat of a release, of a hazardous substance into the
environment.
h. "treatment" means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological
character or composition of any hazardous substance so as to neutralize
such substance or so as to render such substance nonhazardous, safer for
transport, amenable for recovery, amenable for storage, or reduced in
volume. Such term includes any activity or processing designed to change
the physical form or chemical composition of a hazardous substance so as
to render it nonhazardous.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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