L.L. 1987/042

Enactment date: 7/14/1987

Int. No. 703-A

By Council Member Leffler; also Council Members Castaneira-Colon, Crispino, Eisland, Harrison, Horwitz, Lisa, Maloney, Michels, Povman, Molinari and Messinger

A Local Law to amend the New York City charter and the administrative code of the city of New York, in relation to emergency response to releases of hazardous substances and the recovery of the costs thereof, including the placement of liens on real property

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The council finds that the release or threatened release of hazardous substances into the environment presents a substantial danger to the public health, welfare and the environment. The enactment by the state legislature of a plan for the management of hazardous wastes has not reduced the need for or authority of the city to respond to emergencies caused by hazardous substance releases. The council declares that the response measures taken by the city must be effective and thorough so as to prevent injury to human, plant and animal life and damage to property and the environment.

Therefore, the council hereby determines that the department of environmental protection should specifically be authorized to respond to emergencies caused by releases or threatened releases of hazardous substances into the environment. The council provides herein that responsible persons shall be jointly and severally liable for all lawful response and remediation costs incurred by any city agency authorized by law to respond to such emergencies, including but not limited to the departments of environmental protection, health and sanitation and the police and fire departments. It shall be the policy of the city to seek the recovery of such costs in the first instance from the persons whose actions contributed most to the release or threatened release of hazardous substances into the environment. The council intends that this local law shall not in any way alter or limit the functions, powers and duties of the department of health, including but not limited to its authority regarding nuisance abatement and declarations of imminent peril.

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[Consolidated provisions are not included in this Appendix A]

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§ 7. This law shall take effect on the sixtieth day after its enactment into law. Actions necessary to prepare for the implementation of this local law may be taken prior to its effective date.