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What is NYC AC § 24-703?

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This section mandates the commissioner to create a list of hazardous substances and outlines the process for amending this list. It requires reporting to the commissioner if hazardous substances exceed specified quantities at a facility. Applies to property operators managing hazardous materials on-site.

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

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§ 24-703 Hazardous substance list.

AC § 24-703

The commissioner by regulation shall develop a list of hazardous substances, complying with the requirements of section 24-702(j) of this chapter, within six months from enactment of this section provided that if the commissioner determines that any substance on the required base list, as established by section 24-702(j) of this chapter, should not be placed on the final promulgated list, then the commissioner shall submit a written statement to the council indicating the reason why an amendment is necessary, at least sixty days before the date the list is to take effect. The council may within thirty days following receipt of the commissioner's statement requesting an amendment either: (i) approve or disapprove such amendment or (ii) determine that an additional ten days is needed to study such amendment by the adoption of an appropriate resolution. Upon approval by the council, such amendment shall take effect immediately. If the council disapproves such amendment, the commissioner shall not be precluded from resubmitting such amendment to the council at a later date. If the council does not approve or disapprove such amendment within such thirty day period, such amendment shall take effect on the thirty-first day after submission to the council unless the council had determined by resolution that an additional ten days is needed to study such amendment, in which case, the amendment shall take effect on the forty-first day after such submission to the council unless the council has approved or disapproved such amendment prior to such forty-first day. Except for the substances contained on the special health hazard list developed pursuant to the requirements of section 24-704 of this chapter, any substance contained on the hazardous substance list shall be reported to the commissioner, if such hazardous substance has been present at a facility in an amount which exceeds five hundred pounds. For the reporting period ending on March first, nineteen hundred eighty-nine, any mixture present in a facility in an amount which exceeds five hundred pounds, shall be reported if it contains in a concentration of one percent or more any hazardous substance listed on the New Jersey Special Health Hazards List, a subcategory of the New Jersey Right-to-Know Hazardous Substance List (New Jersey Administrative Code, stat. 34:5A-1, et seq.) as in effect in December, nineteen hundred eighty-seven. For the reporting period ending March first, nineteen hundred ninety, any mixture present in a facility shall be reported in an amount which exceeds five hundred pounds if it contains in a concentration of one tenth of one percent or more of any such hazardous substance. For the reporting period ending on March first, nineteen hundred ninety-one, the commissioner shall by regulation establish a threshold reporting quantity for each hazardous substance and hazardous substances in mixture that are included on the New Jersey Special Health Hazards List shall be reported in the same concentration as required in the previous year. If the commissioner fails to set a specific threshold reporting quantity by March first, nineteen hundred ninety-one, then each of the hazardous substances without a specific threshold reporting quantity shall be reported to the commissioner if ten or more pounds are present at a facility. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1988/026.

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