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(a) Any person who knowingly or recklessly makes any false statement, representation or certification on a facility inventory form, risk management plan, or any other document filed with the department, or on any label required, pursuant to this chapter, shall, upon conviction, be subject to a fine of not more than two thousand dollars, or imprisonment of up to one year, or both. In addition to its application to any other person, the penalty provided for in this subdivision shall be deemed a special fine for a corporation within the meaning of section 80.10 of the penal law of the state of New York.
(b) Any person who violates the requirements of sections 24-706, 24-711 or 24-718 of this chapter shall be liable for a civil penalty, as follows: (1) for a first violation, in an amount of not less than one hundred nor more than five thousand dollars; (2) for a second violation, in an amount of not less than three thousand five hundred nor more than ten thousand dollars; and (3) for each subsequent violation, in an amount of not less than seven thousand five hundred nor more than twenty thousand dollars. For purposes of this section, the second and any subsequent violation shall only occur after notice of the first violation has been properly served and an opportunity to cure said violation has been provided to the violator, provided that such opportunity to cure shall not exceed thirty days. For purposes of this section, a second or subsequent violation shall occur where a person violates section 24-706, 24-711 or 24-718 of this chapter within five years of having been found to have violated this chapter. 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. In determining the civil penalty, the hearing officer or judge shall consider any evidence presented by the defendant showing a good faith effort to comply with relevant requirements of this chapter, the nature and seriousness of the defendant's violation of the chapter, whether the violation was voluntarily disclosed, previous violations, if any, of this chapter and any other evidence found to be relevant.
(c) Any person who without justification refuses to allow an inspection of a facility pursuant to section 24-712 of this chapter shall be subject to a civil penalty, returnable before the environmental control board or in civil court in the name of the commissioner, in an amount not to exceed twenty thousand dollars.
(d) Any person who violates any rule promulgated pursuant to subdivision b of section 24-716 of this chapter shall be subject to a civil penalty, returnable before the environmental control board, in an amount not to exceed ten thousand dollars. Each notice of violation shall contain an order of the commissioner directing such person, within thirty days from the date of the order, to correct the condition constituting the violation and to file with the department electronically, or in such other manner as the department shall authorize, a certification that the condition has been corrected. In any proceeding before the board, no civil penalty shall be imposed for a violation pursuant to this subdivision if such person complies with the commissioner's order to correct and to certify correction of the violation within thirty days.
(Am. L.L. 2023/151, 11/17/2023, eff. 11/17/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026 and L.L. 1993/092.
(a) Except as provided in subdivision (c) of this section, any person may commence an action in a court of competent jurisdiction on his or her own behalf against a responsible party of a facility for failure to file any information required to be filed with the department or fire department pursuant to section 24-706 of this chapter. Such action shall be brought in the county in which the alleged violation occurred or where the complainant resides. The court may impose the civil penalty provided for violation of this chapter.
(b) No action may be commenced under subdivision (a) of this section prior to sixty days after the plaintiff has given notice of the alleged violation to the commissioner and the alleged violator. Notice required under this subdivision shall be given in such manner as may be prescribed by the commissioner.
(c) No action may be commenced under subdivision (a) if the commissioner has commenced and is diligently pursuing an administrative or civil action concerning the facility which would be the subject of such action to enforce the reporting requirements of this chapter or to impose any civil penalty for violation of such reporting requirements.
(d) The court, in issuing any final order in any section brought pursuant to this section, may award costs of litigation, including reasonable attorney's and expert witness fees, to the prevailing party whenever the court determines such an award is appropriate.
(e) In any action brought pursuant to this section, the commissioner, may intervene as a matter of right.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
(a) The commissioner shall annually review the facility inventory forms and material safety data sheets filed with the department pursuant to this chapter and citywide facility inventory data. Upon making this annual review, the commissioner shall forward a report to the mayor and the council no later than October first of each year. Such annual report shall, at a minimum, provide the following information: the number of facilities for which facility inventory forms have been filed pursuant to this chapter; the number of complaints received; the number of civilian complaints filed; the number of inspections performed pursuant to this chapter; the number of notices of violation issued pursuant to this chapter and chapter six of this title; the number of orders issued by the commissioner pursuant to subdivision a of section 24-608 of this title and the nature of such orders; the number of civil actions and administrative proceedings commenced under this chapter and chapter six of this title and the dispositions thereof; the number of incidents in which the department participated in response measures undertaken in connection with hazardous substances; the number of releases of hazardous substances reported to, or otherwise documented by the department; the number of emergency response personnel in each city agency which performs functions in connection with emergencies involving hazardous substances; and the average response time and cost of each member of the city's emergency response personnel.
(b) By March first, nineteen hundred ninety the commissioner shall report to the Council the status of the development of the threshold reporting quantities for hazardous substances that will become effective on March first, nineteen hundred ninety-one.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
(a) The commissioner shall have the power to promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter.
(b) On or before January first, two thousand fifteen, the commissioner shall, in consultation with the emergency response agencies, promulgate rules for the proper siting and storage of hazardous substances, taking into consideration all safety issues, including, but not limited to, spillage, fire, flooding, storm surge, earthquake, power outages, and high winds. Such rules may regulate hazardous substances individually or in groups, and may require that additional or alternative precautions be taken in advance of an anticipated extreme weather event.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
(a) There is hereby created a "hazardous substance advisory board" hereinafter referred to as the board. Such board shall consist of seven members who shall be appointed within ninety days from the enactment of this chapter.
(b) The board shall consist of the commissioner, who shall serve as the board's chairman, plus four members to be appointed by the mayor and four to be appointed by the council. Each member shall hold office for a three year term or until such time as the board shall cease to exist or until such member shall resign or is removed from office for good cause shown. Each member appointed shall have a working knowledge of emergency response procedures or in managing hazardous substances.
(c) Any vacancy on the board shall be filled by appointment pursuant to subdivision b of this section.
(d) The members of the board shall serve without compensation for their services as board members except that each shall be allowed reimbursement for the necessary and actual expenses which such member shall incur in the performance of his or her duties under this section.
(e) The board shall be authorized and responsible to: (1) serve as a working forum for the exchange of views, concerns, ideas, information and recommendations relating to the management of hazardous substances and the planning of emergency response measures; (2) review existing hazardous substances emergency response training programs; (3) review existing requirements for handling extremely hazardous substances emergency response situations as established under the emergency planning and community right-to-know act of nineteen hundred eighty-six; (4) review the annual summary of incident reports as required pursuant to section 24-715 of this chapter; and (5) assist the commissioner in the development, review and revision of the hazardous substance list and corresponding threshold levels where appropriate.
(f) The board shall meet at least four times per year at least once every quarter, keep a record of its deliberations and determine its own rules of procedure.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.
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