[Adopted 6-1-2016 by L.L.
No. 15-2016]
A.
This Legislature hereby finds and determines that the County of Suffolk
works to protect the health and safety of its residents and the environment.
This Legislature also finds and determines that professional dry cleaners
provide an important service for residents who own clothing and other
items that cannot be cleaned in a conventional washing machine. This
Legislature finds that many dry cleaners use the chemical perchloroethylene,
commonly known as "perc." This Legislature determines that perc is
a hazardous chemical considered to be a probable human carcinogen
by the federal government. Perc contaminates drinking water in our
aquifer and is responsible for a number of contaminated waste locations
on Long Island and throughout the nation. This Legislature also finds
that, in response to the problems associated with perc use, the dry-cleaning
industry has developed alternative cleaning methods using different
types of chemicals. These alternative solvents to perc vary in their
environmental impacts, as well as their safety for consumers and dry-cleaning
employees. This Legislature also determines that professional dry
cleaners should disclose to consumers the type of process and solvents
they utilize in a manner that is easily understood.
B.
Therefore, the purpose of this article is to require all dry cleaners
to disclose the primary chemical solvent they use in operating their
businesses.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Department of Health Services.
The Department of Health Services.
Any natural individual or business entity of any kind that
uses chemical solvents or wet cleaning process to clean, on- or off-site
(e.g., "drop shops"), clothing or other objects made of cloth or other
material labeled "dry clean" or "dry clean only" for compensation.
A.
The Department shall develop a system to categorize chemical solvents
and processes used by professional garment-cleaning establishments.
The system shall evaluate solvents and processes separately for environmental
impacts and human impacts that may result from exposure through dry-cleaning
processes. Each solvent or process shall be placed into categories
identifying the level of harm from each impact.
B.
The solvents and processes to be initially categorized are: hydrocarbon,
liquid carbon dioxide, perchloroethylene (PERC), siloxane, and wet
cleaning systems. Additional solvents or processes will be evaluated
as they become available in Suffolk County.
C.
The Department shall complete the initial categrization of solvents
and processes within six months of the effective date of this article
and submit the categories to the County Legislature for approval via
resolution. Subsequent changes to the categorization of solvents and
processes shall be implemented by the Department without legislative
approval.
D.
Following the approval of the initial categorization, the Department
is authorized to amend the categories on an annual basis to evaluate
and include new solvents and processes. The Department shall provide
a written statement to the Environment, Planning and Agriculture Committee
and the Health Committee of the County Legislature, or any successor
committees thereto, detailing any changes or additions that are made.
E.
The Department shall develop and distribute signs based on the latest
inspection which convey to the reader, via color-coded design, the
safety of chemical solvents used by professional garment-cleaning
establishments. The sign shall take a form substantially similar to
Exhibit A, attached hereto,[1] and shall list chemicals and processes in alphabetical
order. The design of the sign by the Department shall be submitted
to the County Legislature for approval via resolution.
[1]
Editor's Note: Exhibit A is on file in the County offices.
F.
The Department shall develop a web page to provide information about
each dry-cleaning solvent and process, including any environmental
or human safety concerns associated therewith, which are available
in Suffolk County. The web page must include links to the OSHA MSDS
sheets on each chemical categorized by the County. The web page shall
be accessible via a web page address, as well as a QR code located
on the sign.
A.
Every professional garment-cleaning establishment operating in the
County of Suffolk shall post two signs provided by the Department.
One sign must be located in the window of the establishment, visible
to persons outside the establishment, with the other sign located
near or behind the counter and clearly visible to anyone entering
the establishment. Each professional garment-cleaning establishment
must indicate on the signs which chemical solvent or cleaning method
is employed at that location. If multiple solvents or methods are
used at a location, each system must be indicated on the sign. Professional
garment-cleaning establishments shall not tamper with or alter the
sign beyond indicating the solvents or methods used.
B.
Any professional garment-cleaning establishment in the County of
Suffolk that cleans garments off-site must maintain records of each
facility they use and the chemicals or processes used at same. Records
on facilities used must be maintained for at least three years.
C.
Any professional garment-cleaning establishment operating in the
County of Suffolk which delivers dry-cleaned articles directly to
customers' homes or offices must print a statement describing
the chemicals they use in their facilities on any printed or emailed
receipts they provide to delivery customers.
This article shall be enforced by the Department of Health Services.
The Commissioner of the Department of Health Services is hereby
authorized, empowered and directed to promulgate such rules and regulations
as he or she deems necessary to implement this article.
A.
Any professional garment-cleaning establishment which violates any
provision of this article shall be subject to an initial civil penalty
of $500 per violation, with all subsequent violations subject to a
civil penalty of $1,000 per violation. Each violation shall constitute
a separate and distinct offense.
B.
No penalties shall be imposed by the Department until the alleged
violator is given notice and an opportunity to be heard by the Commissioner
or his or her designee.
