§ 41-05 Facility Inventory Reporting.
RCNY § 41-05
(a)A responsible party of a facility shall file a Facility Inventory Form (FIF) for such facility, pursuant to § 24-705 of the New York City Administrative Code and Appendix A of this chapter, which shall include: (1) Each hazardous substance required to be reported pursuant to 15 RCNY § 41-04 which has been present within such facility at any time during the preceding calendar year in an amount which exceeds the Threshold Reporting Quantity published with the Hazardous Substance List; and (2) Each mixture required to be reported pursuant to 15 RCNY § 41-04 which contains a hazardous substance in an amount that exceeds the Threshold Reporting Quantity and such mixture has been present within such facility at any time during the preceding calendar year in an amount which exceeds five hundred pounds.
(3)A responsible party shall provide the following information for mixtures: names of the mixtures or brand names, followed by hazardous ingredients and their Chemical Abstract Service numbers.
(4)If a reportable substance is known to a responsible party by a name listed in § (f)(2) of these Rules as a synonym for a substance on the Hazardous Substance List, it may be reported by its synonym.
(b)A responsible party of a facility shall complete and submit an FIF, and an MSDS for each hazardous substance including hazardous substances contained in mixtures reported on the FIF, on or before March 1 of every year beginning March 1 of every year to: New York City Department of Environmental Protection Bureau of ____________ Right-to-Know Officer 59-17 Junction Boulevard Corona, New York 11368-5107 or any other address designated by the Commissioner, and published in the City Record.
(c)A responsible party of a facility shall file a facility inventory update if a previously unreported hazardous substance is added at a facility or if an already reported quantity of a hazardous substance increases by twenty-five percent or more, within thirty days of the occurrence of such event.
(1)The FIF shall be used for such updates; "UPDATE" should be written in as the Reporting Period.
(2)The update should include only those hazardous substances subject to the update reporting requirements.
(d)These filing requirements shall not apply to: (1) Facilities where the only hazardous substances present during the preceding calendar year were in mixtures in which the total content of the hazardous substance was less than the Threshold Reporting Quantity per container unless such hazardous substance was present at the facility in an aggregate amount equal to or greater than the Threshold Reporting Quantity; and (2) Owners or tenants of residential buildings that contain no commercial or manufacturing enterprise.
(e)Penalties.
(f)Fees. Upon filing a FIF a responsible party shall submit a fee to the Department. The fee shall be determined by three factors: the total number of hazardous substances (which includes extremely hazardous substances) reported on the most recent FIF; the highest single quantity of a hazardous substance (which includes extremely hazardous substances) reported on the most recent FIF; and whether an extremely hazardous substance has been reported on the most recent FIF. When an extremely hazardous substance has been reported, this will result in a higher fee which shall be based on 125% of the amount calculated using Table 1, and may be calculated by using a multiplier of 1.25 as illustrated in paragraph (4) below. The fee shall be calculated in the following manner: (1) Identify on the horizontal axis on Table 1 the column corresponding to the total number of hazardous substances (which includes extremely hazardous substances) reported on the most recent FIF; (2) Identify on the vertical axis on Table 1 the row corresponding to the range in pounds of the highest quantity of any single hazardous substance (which includes extremely hazardous substances) reported on the most recent FIF; (3) If no extremely hazardous substances are reported on the most recent FIF, the fee shall be the dollar amount appearing at the intersection of the column and row identified in paragraphs (1) and (2) above. Example: if there are three hazardous substances present at a facility, none of which is extremely hazardous, and the greatest reportable quantity of any single substance is fifteen million pounds, then the amount owed would be $350.00, which is the amount listed at the intersection of the horizontal column for (1-3) substances and the vertical column which lists the reporting range for substances between 10,000,000 and 49,999,999 pounds; (4) If an extremely hazardous substance was reported on the most recent FIF, the fee shall be 125% of the dollar amount appearing at the intersection of the column and row identified in paragraphs (1) and (2) and may be calculated by multiplying that figure by 1.25. Example: if any of the substances in the above noted example is an extremely hazardous substance, than to determine the fee multiply $350.00 by 1.25. The fee for this example would therefore be $437.50. TABLE 1 (The dollar amounts listed below are in actual dollars.)(Fee is based upon the greatest reported amounts of any single substance.)RIGHT-TO-KNOW PROGRAM – FEE SCHEDULE Reporting Ranges in lbs.TOTAL NUMBER OF HAZARDOUS SUBSTANCES (which includes extremely hazardous substances) 1-3 4-7 8-1011-1314-1718-2021-2324-2728-3031-5051-100101-150151-200201-250 251-300300+0-99200 225 250 275 300 325 350 375 400 450 500 550 600 700800 950 100 - 999225 250 275 300 325 350 375 400 425 475 525 575 625 725825975 1,000 - 9,999250 275 300 325 350 375 400 425 450 500 550 600 650 750 8501,00010,000 - 99,999275 300 325 350 375 400 425 450 475 525 575 625 675 775 8751,025100,000 - 999,999300 325 350 375 400 425 450 475 500 550 600 650 700 800900 1,0501,000,000 - 9,999,999325 350 375 400 425 450 475 500 525 575 625 675 725 825925 1,07510,000,000 - 49,999,999350 375 400 425 450 475 500 525 550 600 650 700 750 850950 1,10050,000,000 - 99,999,999375 400 425 450 475 500 525 550 575 625 675 725 775 875975 1,125100,000,000 - 499,999,999400 425 450 475 500 525 550 575 600 650 700 750 800 9001,000 1,150500,000,000 - 999,999,999425 450 475 500 525 550 575 600 625 675 725 775 825 9251,025 1,175BILLION - HIGHER450 475 500 525 550 575 600 625 650 700 750 800 850 9501,0501,200 (Amended City Record 2/6/2019, eff. 3/8/2019)
