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(a) The commissioner by regulation shall develop a facility inventory form within six months of enactment of this chapter. This form shall, at a minimum require the following information:
(1) the name and business address of the owner and operator of the facility, and if the facility is owned or operated by a legal entity, the name and business address of an appropriate executive officer;
(2) the name and address of the facility;
(3) the telephone number of the facility and its owner or operator;
(4) the names, titles, and daytime and nighttime telephone numbers of at least two persons designated as emergency contacts for the facility;
(5) the chemical name or the common name of each hazardous substance present at the facility as provided on the material safety data sheet and the CAS identification number for each hazardous substance;
(6) an estimate, in ranges of the maximum amount and average daily amount, of the number of days located at the facility, and the specific location of each hazardous substance present at the facility at any time during the preceding calendar year, and, for each such specific location, the applicable special flood hazard area zone, as established by section G102.2 of appendix G of the New York city building code, if any, and the applicable New York city office of emergency management coastal storm and hurricane evacuation zone, if any;
(7) a brief description of the manner of storage of each hazardous substance present at the facility, a certification that such storage is in compliance with department rules promulgated pursuant to this chapter and all other applicable federal, state, and local laws, rules, and regulations, and a description of how such storage takes into account potential flooding and other extreme weather events; and
(8) an indication of whether the responsible party elects to withhold location information of a specific hazardous substance from disclosure to the public pursuant to subdivision (b) of this section.
(b) A person submitting information for a facility pursuant to this chapter may request the commissioner to withhold from disclosure to the public the location of any specific hazardous substance required to be reported on a facility inventory form.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
(a) A responsible party of a facility shall file a completed facility inventory form for such facility with the department for each substance on the hazardous substance list or the special health hazard list present within a facility that has been present in the preceding calendar year in a quantity which exceeds the threshold reporting quantity established under section 24-703 of this chapter, on or before March first of each year, beginning in nineteen hundred eighty-nine. A responsible party of a facility shall also be required to file with the department a facility inventory update, on a form approved by the department through regulation, if a previously unreported hazardous substance is added at a facility or if an already reported quantity of a hazardous substance increases by twenty-five percent or more, within thirty days of the occurrence of such event.
(b) A responsible party of a facility shall also be required to file a completed material safety data sheet for each hazardous substance at the facility with the department and with the fire department on or before March first of each year, beginning in nineteen hundred eighty-nine.
(c) A responsible party shall make copies of all information filed with the department pursuant to this section available at the facility to emergency response personnel undertaking response measures at such facility.
(d) On or before December thirty-first, nineteen hundred ninety-three, the commissioner shall by rule establish a schedule of fees that shall be paid upon the filing of the facility inventory form required by this chapter. Such fees shall be based on the amount of hazardous substances present, the number of different hazardous substances present and the type of hazardous substances present, including the presence or absence of substances classified as extremely hazardous in rules and regulations promulgated by The United States environmental protection agency pursuant to 42 U.S.C. § 11001, et seq.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026 and L.L. 1993/054.
(a) The commissioner, on or before July first, nineteen hundred eighty-eight, shall develop and publish in the City Record plans for a comprehensive notification program for all facilities as described in this chapter.
(b) The commissioner shall produce a citywide facility inventory database, on or before September first, nineteen hundred eighty-nine.
(c) The commissioner shall maintain and update, the citywide facility inventory database, and shall, on an annual basis produce the data from such database in printed form.
(d) For those substances which have been exempt from reporting pursuant to section 24-708(c), the commissioner shall acquire from the fire department, data regarding the issuance of permits or licenses for the manufacture, storage or transporting of fossil fuels, petroleum products, and combustible or flammable substances so that these locations can be included in the citywide facility inventory database.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026 and L.L. 1993/092.
The following persons, facilities and hazardous substances shall be exempt from the requirements of section 24-706 and 24-711: (a) facilities where the only hazardous substances, except for those substances on the special health hazard list pursuant to section 24-704, were present during the preceding calendar year in mixtures in which the total content of the hazardous substance was of one percent or less by weight or volume per container unless such hazardous substance was present at the facility in an aggregate amount of five hundred pounds or more; (b) owners or tenants of residential buildings that contain no commercial or manufacturing enterprise; or (c) fossil fuels, petroleum products, and combustible or flammable chemicals or materials, the manufacture, transportation, or storage of which is subject to the jurisdiction of the fire department pursuant to title twenty-seven of the code.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
(a) Any person required under section 24-706 to submit information to the department may withhold from such submittal the specific chemical identity of a hazardous substance, including the chemical name and other specific identification, if such information has been withheld as a trade secret pursuant to section three hundred twenty-two of the emergency planning and community right-to-know act of nineteen hundred eighty-six (42 U.S.C. § 11001, et seq.), article forty-eight of the public health law or article twenty-eight of the labor law. No person shall be entitled to withhold such trade secret information from such submittal unless such person demonstrates to the satisfaction of the commissioner that such information has been so determined to be a trade secret and that such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures. The commissioner may grant a temporary extension of not more than thirty days from the reporting requirements of section 24-706 for the purpose of allowing such person to make such demonstration.
(b) With respect to any information not withheld as a trade secret in the manner described by subdivision (a) of this section, the commissioner may withhold from disclosure, pursuant to article six of the public officers law, (i) specific chemical identities, including chemical names and other specific information, which are trade secrets which if disclosed would cause substantial injury to the competitive position of a commercial enterprise or (ii) methods or processes described in plans filed pursuant to section 24-718 of this chapter entitled to protection as trade secrets. The commissioner shall promulgate by rule a procedure for implementing the provisions of this subdivision. The subdivision shall not be construed to affect, limit or modify in any manner the reporting requirements of section 24-706.
(c) 1. Notwithstanding any other provision of this section, in a response to an emergency caused by the presence or release of a hazardous substance, the commissioner shall make trade secret information about such hazardous substance available, upon request, to emergency response personnel responding to such an emergency.
2. Notwithstanding any other provision of this section, for the purpose of medical diagnosis or treatment of an individual exposed to a hazardous substance, where the commissioner has withheld any information from disclosure pursuant to subdivision (b) of this section, the person submitting such information to the department shall upon request disclose such information to medical personnel, including doctors and nurses, treating such an individual.
(d) Except as is necessary for the internal administration of the department or as is otherwise provided by subdivision (c) of this section, or by federal, state or local law, no person shall disclose to any other person any information, record or portions thereof received by the department pursuant to this chapter and determined by the commissioner to be a trade secret pursuant to subdivision (b) of this section. Each person having access to such information or records, including persons receiving such information or records pursuant to subdivision (c) of this section, shall, in a written confidentiality agreement with the person submitting such information to the department, agree that he or she will not use the information, record or portion thereof for any purpose other than internal administration of the department, response to an emergency caused by the presence or release of a hazardous substance, or medical diagnosis or treatment. In the case of a medical emergency, a written confidentiality agreement is not required as a precondition of disclosure pursuant to subdivision (c) of this section, but shall be entered into by the person receiving the information as soon as circumstances permit.
(e) Nothing in this section shall be constructed to affect, limit or modify in any manner the disclosure of any information to a health professional to the extent such disclosure is required or authorized pursuant to section three hundred twenty-three of the emergency planning and community right-to-know act of nineteen hundred eighty-six (42 U.S.C. § 11001, et seq.).
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026 and L.L. 1993/092.
(b) The commissioner shall make available to the public, in such form and manner as may be prescribed by regulation, the information filed pursuant to section 24-706 and the data compiled pursuant to section 24-707, during normal working hours, at the location or locations designated by the commissioner. Within thirty days after the annual completion of the compilation of citywide facility inventory data pursuant to section 24-707 of this chapter, the commissioner shall publish a notice in the City Record that such information shall be available for inspection by the public at the location or locations specified in the notice.
(c) Any person may submit a written request to the commissioner for any information filed with the department pursuant to section 24-706 of this chapter with respect to a specific facility. The commissioner shall make the requested information available to the person making the request within ten business days after the receipt of the request.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026 and L.L. 1993/092.
Within thirty days after a facility inventory form is first required to be filed for a facility, all hazardous substances present at such facility shall be clearly marked with a label showing the chemical name and CAS identification number of the hazardous substance. The information set forth on the label shall be in accordance with a recognized hazardous substances labeling system, accepted by the commissioner. In the case of a substance protected under the "trade secrets" provision contained in section 24-709 of this chapter, the label should bear the specific code assigned by the commissioner for such substance.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
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