5003.3 Release and disposal of hazardous materials.

It shall be unlawful to release or dispose of any amount of hazardous material, including pesticides and fertilizers used for domestic, agricultural or horticultural purposes, into a sewer, storm drain, ditch, drainage canal, creek, stream, river, lake or tidal waterway or on the ground, sidewalk, street, highway or into the atmosphere, except when allowed by federal, state or local regulations or permits, including the regulations of the New York State Department of Environmental Conservation, as set forth in 6 NYCRR Parts 597 and 611.

5003.3.1 Reporting of discharges.

When hazardous materials are released in quantities reportable under federal, state or local regulations, the commissioner shall be notified and the following procedures required in accordance with FC 5003.3.1.1 through 5003.3.1.4.

5003.3.1.1 Records.

Accurate records shall be kept of the discharge of hazardous materials.

5003.3.1.2 Preparation.

Provisions shall be made for controlling and mitigating accidental discharges.

5003.3.1.3 Control.

When a discharge is caused by a container failure, the container shall be repaired or removed from service.

5003.3.1.4 Responsibility for cleanup.

The owner of a facility or other person responsible for an accidental discharge shall undertake all actions necessary to remediate such discharge. When deemed necessary by the commissioner, cleanup may be initiated by the department or other city agency. Costs associated with such cleanup shall be borne by the owner or other person responsible for the discharge. The department shall give such owner or other person written notice of such costs and an opportunity to be heard. Payment of such costs shall be recoverable in any manner authorized by law, rule or regulation. Failure to pay such costs shall cause a lien to be placed upon the premises pursuant to the provisions of FC 117.4, as applicable, or against vehicles or other personal property in accordance with the provisions applicable thereto. Nothing in this section shall be construed to preclude the implementation of response measures, or the recovery of the costs of such measures, by any other city agency, either prior or subsequent to any response measure implemented pursuant to this section.

5003.4 Safety data sheets.

A safety data sheet (SDS) for each hazardous material stored, handled or used on a premises shall be maintained on such premises at a location where the SDS is readily available for reference by persons handling or using such hazardous materials or supervising such storage, handling or use, and by any department representative.