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What is NYC FC § 5003.3.1.4?

Quick Answer

This section outlines the responsibilities of facility owners for cleanup following an accidental discharge. It mandates that the owner undertake necessary remediation actions and allows the city agency to initiate cleanup if deemed necessary. Costs incurred are the owner's responsibility and may result in a lien on the property for non-payment. Applies to facility owners responsible for accidental discharges.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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5003.3.1.4 Responsibility for cleanup.

FC § 5003.3.1.4

The owner of a facility or other person responsible for an accidental discharge shall undertake all actions necessary to remediate such discharge. When deemed necessary by the commissioner, cleanup may be initiated by the department or other city agency. Costs associated with such cleanup shall be borne by the owner or other person responsible for the discharge. The department shall give such owner or other person written notice of such costs and an opportunity to be heard. Payment of such costs shall be recoverable in any manner authorized by law, rule or regulation. Failure to pay such costs shall cause a lien to be placed upon the premises pursuant to the provisions of FC 117.4, as applicable, or against vehicles or other personal property in accordance with the provisions applicable thereto. Nothing in this section shall be construed to preclude the implementation of response measures, or the recovery of the costs of such measures, by any other city agency, either prior or subsequent to any response measure implemented pursuant to this section.

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