Int. No. 1063
By Council Members Holden, Yeger, Cabrera, Vallone, Dromm, Borelli and Ulrich
A Local Law to amend the administrative code of the city of New York, in relation to requiring notice when contaminants are found in soil
Be it enacted by the Council as follows:
Section 1. Title 4 of the administrative code of the city of New York is amended by adding a new section 4-212 to read as follows:
§ 4-212 Notice of soil contaminants in city development projects. a. Definitions. For the purposes of this section, the following terms have the following meanings:
City development project. The term "city development project” means a project undertaken by an agency, a city economic development entity, or by a party in contract with the city, for the purpose of improvement or development of real property, including, but not limited to, street, road and sewer improvements and maintenance.
City economic development entity. The term "city economic development entity" means a local development corporation, not-for-profit corporation, public benefit corporation, or other entity that provides or administers economic development benefits and with which the department of small business services serves as a liaison pursuant to paragraph b of subdivision one of section 1301 of the New York city charter.
Contaminant. The term “contaminant” means any element, substance, compound, or mixture, including disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
Relevant civic organization. The term “relevant civic organization” means any city-wide or borough-wide organization or any labor union, trade association or other group that requests notification pursuant to this section.
Triggering amount of contaminant. The term “triggering amount of contaminant” means any amount of contaminant over the maximum level set forth in applicable regulatory guidelines established by the United States environmental protection agency, the United States department of health, the New York state department of environmental conservation or the New York state department of health.
b. Within 24 hours of discovering or becoming aware of a triggering amount of contaminant in any city development project, a party in contract with the city, the commissioner of citywide administrative services or the commissioner of design and construction, or any other agency, city economic development entity or party in contract with the city that is supervising a city development project, shall:
1. Notify by phone, email or written letter the council member, local community board and relevant civic associations of the district identifying the type of contaminant and the geographic areas in which such contaminant is located;
2. Notify by phone, email or written letter the council member, local community board and relevant civic associations of the district of any remedial actions being taken to address the contamination;
3. Make such information available publicly on the agency’s or city economic development entity’s website; and
4. Post conspicuous signage in such area where the triggering amount of contaminant is located, identifying the type of contaminant and the geographic areas in which such contaminant is located.
c. In the event that the triggering amount of contaminant is located within 1,500 feet of a school, the commissioner or agency shall additionally notify by phone, email or written letter the principal or principals of the school directly.
§ 2. This local law takes effect 60 days after it becomes law.
SIL
LS #6518
LS #6519
LS #6520
LS #6522
06/18/18