§ 11-02 Definitions.

The following definitions shall apply to the Hazardous Substances Emergency Response Regulations, 15 RCNY §§ 11-01 et seq., unless the context specifically indicates otherwise.

   C.F.R. "C.F.R." shall mean the Code of Federal Regulations.

   Commissioner. "Commissioner" shall mean the Commissioner of the New York City Department of Environmental Protection or his/her designee.

   Department. "Department" shall mean the Department of Environmental Protection.

   Disposal. "Disposal" shall mean the placing of any hazardous substance(s) into or on any land or water so that such hazardous substance(s) or any constituent thereof may be released into the environment.

   Hazardous substance. "Hazardous Substance" shall mean each listed hazardous substance or any other chemical substance which when released into the environment may present a substantial danger to the public health or welfare or the environment.

   Listed hazardous substance. "Listed hazardous substance" shall mean any substance listed in accordance with § 24-609 of the New York City hazardous substances emergency response law (15 RCNY § 11-04).

   Person. "Person" shall mean any individual, trust, firm, corporation, joint stock company, association, partnership, consortium, joint venture, commercial entity or governmental entity.

   Release. "Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment.

   Reportable quantity. "Reportable quantity" shall mean the minimum quantity of a listed hazardous substance which when released will require notification to the Commissioner by any responsible person who knows or has reason to know of such release. These quantities are listed in 15 RCNY § 11-04.

   Response measures. "Response measures" shall include actions taken by a city agency or ordered to be taken by a city agency:

      (1)   to prevent, minimize or mitigate the release of hazardous substances so that they do not migrate to, or in any other manner, cause or threaten to cause substantial danger to the public health or welfare or the environment,

      (2)   to clean up or remove released hazardous substances from the environment, and

      (3)   which are necessary and appropriate to protect the public health or welfare or the environment from an immediate and substantial danger caused by a release or a substantial threat of a release of a hazardous substance into the environment, including but not limited to security measures to protect the public.

   Responsible person. "Responsible person" shall mean:

      (1)   any owner, operator, lessee, occupant or tenant, other than a residential lessee, occupant or tenant, of property at the time there is a release, or a substantial threat of a release, of a hazardous substance from such property into the environment or at the time of any response measures implemented in connection with any emergency involving such release or threat of release, provided that if such property is comprised of an owner occupied residential building consisting of six or fewer dwelling units used exclusively for residential purposes, an owner of such property shall be deemed to be a "responsible person" for purposes of this paragraph, only if the willful, knowing, reckless or negligent acts or omissions of such owner caused or substantially contributed to such release or threat of release, and further provided that a federal or state chartered and regulated financial institution which has received title to the property through abandonment, foreclosure, a deed in lieu of foreclosure, or through a judicial or bankruptcy order shall not be deemed to be a "responsible person" for purposes of this paragraph, unless

         (i)   willful, knowing reckless or negligent acts or omissions of such person caused or substantially contributed to such release or threat of release, or

         (ii)   the title was received in order to secure the underlying credit extension which had been entered into for the purpose of assisting a responsible person in avoidance of the provisions of this chapter, or

      (2)   any person whose acts or omissions caused or substantially contributed to a release, or a substantial threat of a release, of a hazardous substance into the environment, provide that where there is a release, or a substantial threat of a release, of a hazardous substance into the environment from property used for residential purposes, a person using such property as a residence and any invitee or licensee of such person who enters such property, other than an invitee or licensee engaged in a business involving the use or transport of any hazardous substance, shall be deemed to be a "responsible person" for purposes of this paragraph, only if the willful, knowing, reckless or negligent acts or omissions of such person or invitee caused or substantially contributed to such release or threat of release, or

      (3)   any owner, operator, lessee, occupant or tenant of the property at the time of disposal of any hazardous substance thereon, who had caused, authorized or permitted such hazardous substance to be so disposed, where there is a release, or a substantial threat of a release, of such hazardous substance into the environment, or

      (4)   any person who, pursuant to contractual arrangement, accepts or has accepted any hazardous substance for transport, transports such hazardous substance and there is a release, or a substantial threat of a release, of such hazardous substance into the environment, or

      (5)   any person who by contract, agreement, or otherwise arranged for disposal or treatment or arranged with a transporter for transport for disposal or treatment of a hazardous substance owned or possessed by such person, and there is a release, or a substantial threat of a release, of such hazardous substance into the environment; provided, however, that no person, who is an entity independent from an otherwise responsible person, authorized by the Commissioner of Environmental Protection to implement response measures at the site of a release, or a threat of a release, of a hazardous substance into the environment, shall be deemed to be a "responsible person" solely on the basis of any authorized response measures attempted or implemented by such person at such site, unless such person's willful, knowing, reckless or negligent acts or omissions caused or substantially contributed to a release, or a substantial threat of a release, of a hazardous substance into the environment.

   Treatment. "Treatment" shall mean any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous substance so as to neutralize such substance or so as to render such substance nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance so as to render it nonhazardous.

(Amended City Record 3/15/2017, eff. 4/14/2017)

§ 11-03 Notification.

Note: The regulations in this section detail the requirement to notify the Commissioner of the Department of Environmental Protection in the event of a release of a listed hazardous substance. This notification is intended to supplement, not replace, other required emergency notifications. Therefore, in addition to any notification required under this section, Police Emergency at 911 should be notified in the event of a significant incident involving a hazardous substance which presents a danger to the public. This alerts the City's Emergency Warning system and assures comprehensive City agency response to such an incident.

   (a)   Notification requirement.

      (1)   Any responsible person who knows or has reason to know of any release of any listed hazardous substance in an amount which equals or exceeds the reportable quantity of such substance shall immediately notify the Commissioner pursuant to 15 RCNY § 11-03(b), and shall notify the Commissioner in writing pursuant to 15 RCNY § 11-03(c).

         (i)   Listed hazardous substances and reportable quantities are specified in 15 RCNY § 11-04.

         (ii)   Notification shall not be required when a listed hazardous substance is released in an amount authorized pursuant to the provisions of a federal, state, or local permit or order, or court order.

      (2)   Notification shall be made to the Commissioner by telephoning the Department at 718-595-4646 on business days from 9 a.m. to 5 p.m. Notification at all other times shall be made to the Department Communications Center at DEP-HELP or 718-337-4357.

   (b)   Telephone notification. Telephone notification shall include the following information:

      (1)   Hazardous substance(s) released, quantity or estimated quantity released, and hazardous properties; and

      (2)   Description of the incident including the cause, effect (e.g., illness or injuries), and status.

   (c)   Written notification.

      (1)   Written notification shall be made to the Department within one week of the release by certified mail to the following address:

         New York City Department of Environmental Protection
         59-17 Junction Boulevard
         Corona, New York 11368-5107
         Attn: Hazardous Substances Emergency Response Officer.

      (2)   Written notification shall include the following information:

         (i)   The name(s) of the responsible person(s) and contact number(s); the name(s) of the owner(s) of the site; the location of the release; the time of the release; the chemical name and any trade names of the substance released; the hazardous characteristics of the chemical (e.g., toxic, flammable, corrosive, etc.); the estimated quantity of any subsequent or continuing release; a description of areas affected by the release, such as public rights-of-way, residues in the area, sewers, catch basins, equipment and structures, and the geographic extent of the affected areas; and

         (ii)   The nature of the process(es) which take place at the site including, but not limited to, any processes involved in the actual release and any processes which might contribute to a hazardous situation or in any way impede response measures; and

         (iii)   All climatological conditions which in any way contributed to the hazard of a release; and

         (iv)   Any available information regarding injuries at the site, adjacent to the site, and elsewhere which may be a result of the release; and

         (v)   Details regarding abatement and/or cleanup measures taken by responsible person(s) or his/her designee(s), or any other person(s); and

         (vi)   Any additional details requested by the Department at the time of telephone notification.

      (3)   Additional written notification requirements, including weekly written status reports for longer term remediation, may be included in Departmental orders issued pursuant to §§ 24-608 and 24-610 of the Administrative Code.