Loading...
a. When the commissioner has reason to believe that there has been a release or there exists a substantial threat of a release into the environment of a hazardous substance which may present an immediate and substantial danger to the public health or welfare or the environment, the commissioner may, in his or her discretion, order any or all responsible persons to implement any response measures, or to cooperate with and assist the commissioner in implementing any response measures, deemed by the commissioner to be necessary to protect the public health or welfare or the environment, or, if the commissioner, in the exercise of his or her discretion, concludes that seeking the implementation of any such response measures by a responsible person may be detrimental to public health or welfare or the environment due to the likelihood of delay or the ineffectiveness of such response measures, or for any other appropriate reason, the commissioner may implement such response measures. The commissioner shall, where appropriate, consult with the commissioner of health, the police commissioner and the fire commissioner concerning the need for and implementation of such response measures and orders. The commissioner may also order the production of documents relevant for determining the nature and extent of the release or threat of release.
b. Nothing in this subchapter shall be construed to preclude the implementation of response measures by any other city agency, either prior or subsequent to any response measure implemented pursuant to subdivision a of this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1987/042.
Loading...