[Derived from Art. XX of Ch. XXV of the Charter and Ordinances,
1974]
As used in this Article, the following terms shall have the
meanings indicated:
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any waste or hazardous waste into or on any land or
water so that such waste or hazardous waste or any related hazardous
constituent thereof may enter the environment or be emitted into the
air or discharged into any waters of the state, including groundwaters
thereof.
A waste or combination of wastes which, because of its quantity,
concentration or physical, chemical or infectious characteristics,
cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness
or pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
or otherwise managed. Such wastes shall include but not be limited
to wastes which are bioconcentrative, highly flammable, explosive,
highly reactive, toxic, poisonous, radioactive, irritating, sensitizing
or infectious and shall include wastes that are solid, semisolid,
liquid or contained gases.
The removal of hazardous wastes from the premises or such
other actions as may be necessary to minimize or mitigate harm to
the public health or welfare or the environment.
The containment of hazardous waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute
disposal of such hazardous waste.
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any hazardous waste so as to neutralize such waste
or as to render such waste nonhazardous, safer for transport, amenable
for recovery, amenable for storage or reduced in volume.
No person shall engage in any activity involving the treatment,
storage or disposal of hazardous wastes which causes substantial harm
or a risk of substantial harm to the public health and safety or to
the environment. A presumption shall arise that any treatment, storage
or disposal of hazardous wastes in violation of regulations or standards
governing the operation and maintenance of hazardous waste treatment,
storage and disposal facilities promulgated pursuant to §§ 27-0703
and 27-0911 of the Environmental Conservation Law shall constitute
a violation of this section. Each day on which such activity occurs
shall constitute a separate violation of this section.
A.
The Commissioner of Health shall be authorized to remove hazardous
wastes from any facility in which hazardous wastes are treated, stored
or disposed of and any premises on which such facility is located
or any premises surrounding such facility upon a determination that
such hazardous wastes have been treated, stored or disposed of in
a manner which will cause such imminent and substantial harm to the
public health and safety as to constitute a nuisance, unless the Commissioner
determines that such removal will be done properly and expediently
by the owner or operator of such facility or premises. No hazardous
wastes shall be removed until the owner and operator of such facility
or premises shall have been summoned by notice of not less than five
days to appear before the Commissioner of Health to show cause why
such removal should not be undertaken nor until such owner and operator
shall have an opportunity to be heard in person or by counsel.
A.
All costs and expenses incurred by the City in the removal of hazardous wastes pursuant to § 235-3 of this Article will be assessed against the land from which such hazardous wastes are removed.
B.
Any person, firm, partnership or corporation who is the owner, occupant or mortgagee in possession of a hazardous waste treatment, storage or disposal facility or the premises on which such facility is located or who shall have exercised dominion and control over such facility or premises at the time the hazardous wastes removed pursuant to § 235-3 of this Article were treated, stored or disposed of shall be personally liable for all costs and expenses incurred by the City in the removal of such hazardous wastes.
