Section 24-607
§ 24-607 Definitions. When used in this subchapter:
a. "commissioner" means the commissioner of environmental protection.
b. "department" means the department of environmental protection.
Section 24-608
§ 24-608 Emergency response. a. When the commissioner has reason to
believe that there has been a release or there exists a substantial
threat of a release into the environment of a hazardous substance which
may present an immediate and substantial danger to the public health or
welfare or the environment, the commissioner may, in his or her
discretion, order any or all responsible persons to implement any
response measures, or to cooperate with and assist the commissioner in
implementing any response measures, deemed by the commissioner to be
necessary to protect the public health or welfare or the environment,
or, if the commissioner, in the exercise of his or her discretion,
concludes that seeking the implementation of any such response measures
by a responsible person may be detrimental to public health or welfare
or the environment due to the likelihood of delay or the ineffectiveness
of such response measures, or for any other appropriate reason, the
commissioner may implement such response measures. The commissioner
shall, where appropriate, consult with the commissioner of health, the
police commissioner and the fire commissioner concerning the need for
and implementation of such response measures and orders. The
commissioner may also order the production of documents relevant for
determining the nature and extent of the release or threat of release.
b. Nothing in this subchapter shall be construed to preclude the
implementation of response measures by any other city agency, either
prior or subsequent to any response measure implemented pursuant to
subdivision a of this section.
Section 24-609
§ 24-609 Hazardous substances list; release notification and response
regulations. a. The commissioner shall by regulation establish within
one year from enactment of this section, a list of hazardous substances.
The commissioner shall consider whether any of the following substances
shall be included on such list: (1) the extremely hazardous substances
set forth in a list published pursuant to the emergency planning and
community right-to-know act of 1986, (2) the hazardous wastes identified
under or listed pursuant to the resource conservation and recovery act
of 1976, as amended, (3) the hazardous substances referred to in or
designated pursuant to the comprehensive environmental response,
compensation, and liability act of 1980, as amended, (4) the elements,
compounds and mixtures determined to be hazardous chemicals in
accordance with standards for toxic and hazardous substances promulgated
pursuant to the occupational safety and health act of 1970, as amended,
and (5) the hazardous materials designated pursuant to the hazardous
materials transportation act, as amended.
b. The commissioner may promulgate regulations requiring any
responsible person who knows or has reason to know of any release of a
listed hazardous substance to immediately notify the commissioner. Such
regulations shall establish the minimum quantity of any listed hazardous
substance the release of which shall be reported to the commissioner and
shall set forth the form and manner of any notification required. A
knowing failure to comply with such notification requirement shall be
punishable by a fine of not more than twenty-five thousand dollars, to
be recovered in a civil action brought in the name of the commissioner
or in a proceeding before the environmental control board.
Section 24-610
§ 24-610 Orders to responsible persons; civil and criminal penalties
and imprisonment.
a. (1) An order of the commissioner issued pursuant to subdivision a
of section 24-608 shall specify the work to be performed and shall fix a
reasonable time for compliance from the date of service of such order.
Such order shall contain a statement that upon failure of the
responsible person to comply with the commissioner's order within the
stated time, the department may perform the work specified in the order
or apply for a court order directing the responsible person to comply
with the commissioner's order.
(2) (i) Service of such order shall be made upon the responsible
person personally or by certified or registered mail addressed to the
last known address of such person or in any manner provided for service
of process by article three of the civil practice law and rules.
(ii) In instances where the commissioner knows that the responsible
person served pursuant to subparagraph (i) of this paragraph is not the
owner of the property at which the response measures ordered are to be
implemented, notice that such order has been served, and a copy of such
order, shall be sent by both certified or registered mail and first
class mail to the last known address of the person whose name appears on
the records in the office of the city collector as being the owner or
agent or as the person designated by the owner to receive tax bills or,
where no name appears, to such property, addressed to either the owner
or the agent. Such notice shall have stamped or printed thereon a
reference to this section. Any failure to provide written notice as
prescribed by this subparagraph shall not in any way affect the
liability of any person for the cost incurred by the city for any
response measures implemented in accordance with this chapter.
(3) A copy of such order shall be filed with the office of the
register in the county in which is situated the property with respect to
which such order was issued.
(4) After service of such order upon a responsible person, such person
may request a hearing, except in circumstances of imminent peril in
which the commissioner has determined that response measures are to be
implemented without any delay. The commissioner shall promulgate rules
and regulations setting forth the times within which and the procedures
by which requests for hearings shall be made and hearings shall be held.
At such hearing the responsible persons, shall be entitled to be
represented by counsel and to present evidence. The commissioner may
affirm, modify or revoke the order.
b. In addition to any response measures implemented by the
commissioner pursuant to section 24-608, if the responsible person fails
to comply with the commissioner's order within the time fixed for
compliance pursuant to subdivision a of this section, the department may
perform the work specified in the order, or may apply to any court of
competent jurisdiction, upon such notice and in such manner as the court
shall direct, for an order directing the responsible person to comply
with the commissioner's order.
c. Any responsible person who without sufficient cause, willfully
violates, or fails or refuses to comply with, any order of the
commissioner issued pursuant to section 24-608 may be liable: (1) for a
civil penalty of not more than ten thousand dollars for each day in
which such violation occurs or such failure or refusal to comply
continues; and (2) for an additional civil penalty in an amount at least
equal to, and not more than three times, the amount of any costs
incurred by the city as a result of such person's willful violation, or
failure or refusal to comply. Such penalties may be recovered in a civil
action brought in the name of the commissioner or in a proceeding before
the environmental control board.
d. In addition to the penalties set forth in subdivision c of this
section and subdivision b of section 24-609, any person who knowingly
violates or fails to comply with any order, rule or regulation issued by
the commissioner pursuant to this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punishable by a fine
of not less than twenty-five thousand dollars, or by imprisonment not to
exceed one year, or both, for each violation.
Section 24-611
§ 24-611 Regulations. The commissioner shall have the power to
promulgate such rules and regulations as may be necessary to carry out
the purposes of this chapter.
Section 24-612
§ 24-612 Nonexclusivity of remedies. Nothing in this chapter shall be
construed to impair or diminish the power of the commissioner or any
other agency to remove, repair, reconstruct, alter or abate a nuisance
or to order any of the foregoing actions or to impose penalties on
persons responsible for such nuisance or its removal, repair,
reconstruction, alteration or abatement.
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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