Siting and Storage of Hazardous Substances

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, November 1, 2018
Agency:
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule

Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.

The rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.

DEP’s authority for this rule is found in City Charter section 1043 and section 24-716 of the Administrative Code.

DEP received comments concerning the applicability of this rule to utilities, telecommunications providers and hospitals to the effect that it would be burdensome and onerous for such entities to comply with the rule while maintaining essential services during an extreme weather event. In response, DEP has added a provision to the rule exempting hospital, government, utility, and telecommunications entities from complying with the rule in order to maintain essential services.