N.Y.C. Admin. Code § L.L. 1993/092: L.L. 1993/092

Enactment date: 12/1/1993

Int. No. 773-A

By Council Member Michels (by the request of the Mayor); also Council Member Leffler, Rivera, Horwitz, White and Marshall (Passed Under a message of necessity from the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to the submission of risk management plans and violations of the filing requirements in relation thereto

Be it enacted by the Council as follows:

Section 1. Legislative findings. The council finds that a substance listed by the United States environmental protection agency as "extremely hazardous" pursuant to 42 U.S.C. section 11002(a) of the emergency planning and community right-to-know act or as a "regulated toxic substance" pursuant to 42 U.S.C. section 7412(r) of the clean air act, may pose a greater risk to human health and the environment than other hazardous substances.

The council further finds that an entity defined as a "responsible party" pursuant to the city's community right-to-know law, local law number 26 for the year 1988, as amended, has an obligation to identify hazards which may result from releases of hazardous substances using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of releases that do occur.

To limit the potential for exposure to extremely hazardous substances and regulated toxic substances, and to minimize the adverse effects should exposure occur through fire, explosion, spill or other accidental release, the council determines that it is appropriate for facilities storing such substances to prepare a risk management plan that will limit the potential for release of such substances and provide for a contingency plan for responding to an accidental release through fire, explosion, spill or other accidental release.

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[Consolidated provisions are not included in this Appendix A]

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§ 9. This local law shall take effect immediately, except that provisions of this local law relating to regulated toxic substances shall take effect only upon the effective date of a rule promulgated by the United States environmental protection agency pursuant to 42 U.S.C. section 7412(r) of the clean air act, as amended, which contains a list of regulated toxic substances.