L.L. 1988/026

Enactment date: 5/10/1988

Int. No. 776-A

By Council Members Leffler and Messinger (by request of the Comptroller); also Council Members Eisland, Foster, Harrison, Katzman, Maloney, Michels, Pinkett, Molinari, Greitzer, Lisa, Dryfoos, Alter, Wooten, Robles, Friedlander, Spigner and Povman

A Local Law to amend the administrative code of the city of New York, in relation to the reporting of certain information in regard to the storage of chemicals and other hazardous substances

Be it enacted by the Council as follows:

Section one. Legislative Findings. The Council finds that the storage, processing, handling and use of certain hazardous substances may pose a significant risk to human health and the environment in the event of an accidental or threatened release of such substance. Recent tragedies around the world relating to the accidental release of certain hazardous substances clearly indicate the need to have in place an effective plan for dealing with such emergencies.

The Council has determined that there is a need to protect the environment, health and safety of community members, emergency response personnel, the general public and private and public property against exposure to hazardous substances as a result of fire, spill or accidental release, whether actual or threatened, and to assist emergency response personnel in the mitigation of such fire, spill or accidental release from industrial, commercial or public facilities which handle these substances. Certain information, such as chemical names, amounts stored, characteristics of the substances, methods of safe treatment and potential health effects, should be provided to the department of environmental protection. This information is needed to facilitate planning for the prevention and control of fires, accidents and spills; to enable government inspectors to ensure compliance with other local environmental and public safety laws; and to permit public and private agencies to conduct diagnoses, screenings and health studies on behalf of community residents. Such information will be made available to the emergency response personnel of city agencies, other relevant government agencies, medical care providers, regulatory agencies, community boards and other interested persons.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 7. Severability. The provisions of this local law shall be severable and, if any clause, sentence, paragraph, subdivision, or other part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or other part of this local law directly involved in and adjudged invalid in the controversy in which said judgment has been rendered.

§ 8. This local law shall take effect thirty days after its enactment into law.