Chapter 57 - DEPARTMENT OF ENVIRONMENTAL PROTECTION

Section 1401.

Section 1401.

  §  1401.    Department; commissioner.   There shall be a department of
environmental protection, the head of which shall be the commissioner of
environmental protection.

Section 1402.

Section 1402.

§ 1402.  Deputies.  The commissioner may appoint three deputies.

Section 1403.

Section 1403.

  §  1403.  Powers  and  duties of the commissioner. Except as otherwise
provided by law, the commissioner shall have charge and control  of  and
be  responsible  for  all  those  functions  and  operations of the city
relating to the provision of a pure, wholesome and  adequate  supply  of
water, the disposal of sewage and the prevention of air, water and noise
pollution,  and  shall be authorized to respond to emergencies caused by
releases or threatened releases of hazardous substances and  to  collect
and  manage  information  concerning  the amount, location and nature of
hazardous substances. The powers and duties of  the  commissioner  shall
include, without limitation, the following:
  a. Water resources control.
  (1) The commissioner shall have charge and control of:
  (a)  All  structures  and  property  connected  with  the  supply  and
distribution of water for public use not owned by private  corporations,
including all fire and drinking hydrants and all water meters;
  (b)  Furnishing  the  water supply and maintaining its quality, and of
the investigation for and the construction of  all  works  necessary  to
deliver  the proper and required quality of water with ample reserve for
contingencies and future demands; and
  (c)  Making  and  enforcing  rules  and  regulations   governing   and
restricting the use and supply of water;
  (2) The commissioner shall examine into the sources of water supply of
any  private  companies supplying the city or any portion thereof or its
inhabitants with water to see that the same is wholesome and the  supply
is  adequate, to establish such rules and regulations in respect thereof
as are reasonable and necessary for the convenience of the public and to
exercise superintendence, regulation  and  control  in  respect  to  the
supply of water by such water companies;
  (3)  Except as otherwise provided by law and subject to the provisions
of this chapter,the commissioner shall regulate  and  control  emissions
into  the  water  within  and  about  the city of New York of harmful or
objectionable substances, contaminants and pollutants; enforce all laws,
rules  and  regulations  with  respect  to  such  emissions;  make  such
investigations  and  studies as may be desirable for the purpose of such
enforcement and of controlling and eliminating pollution of such waters,
and for such purpose shall have the power to compel  the  attendance  of
witnesses and to take their testimony under oath.
  b. Sewage control.
  (1)  The commissioner shall have charge and control over the location,
construction, alteration,  repair,  maintenance  and  operation  of  all
sewers  including intercepting sewers and sewage disposal plants, and of
all matters in the  several  boroughs  relating  to  public  sewers  and
drainage,  and  shall initiate and make all plans for drainage and shall
have charge of all public and private sewers  in  accordance  with  such
plans;  and shall have charge of the management, care and maintenance of
sewer and drainage systems therein. In addition, the commissioner  shall
have the authority to supervise and adopt rules regarding private sewage
disposal  systems, other than community private sewage disposal systems,
and to prescribe civil penalties for the violation of such rules  of  no
more  than  ten thousand dollars per violation, and, except as otherwise
provided in section six hundred forty-three of this  charter,  to  issue
permits  pursuant  to such rules for the construction and maintenance of
such private sewage disposal systems. With regard to  community  private
sewage  disposal  systems,  the commissioner shall have the authority to
perform inspections, and to issue notices of violation for violations of
any provisions of the New York city  health  code  relating  to  private
sewage disposal, which shall be served and returnable as provided by law
for  violations  of  the  New  York  city  health code, and the power to

perform such other duties with regard to the supervision and  regulation
of  such systems as may be lawfully delegated to him or her by the board
of health or department of health and mental hygiene.
  (2)  The commissioner may adopt regulations requiring the discharge of
sewage, refuse, factory waste and trade waste into the public sewers  of
the  city,  or  regulating, restricting or prohibiting the use of public
sewers for the discharge therein of any material or  substance  and  may
prescribe civil penalties for the violation thereof.
  (3)  Nothing  in  this  subdivision  shall  be  construed to limit the
authority or powers of the commissioner of health  and  mental  hygiene,
the  department  of  health  and  mental hygiene, or the board of health
relating  to  the  declaration  or  abatement  of  nuisances,   or   the
enforcement of applicable public health laws or rules.
  c. Air resources control.
  The commissioner shall regulate and control the emission into the open
air  of  harmful or objectionable substances, including, but not limited
to, smoke, soot,  dust,  fumes,  fly-ash,  gas  vapors,  odors  and  any
products  of  combustion or incomplete combustion resulting from the use
of fuel burning equipment or from the heating of fuels  or  refuse.  The
commissioner  shall enforce all laws, rules and regulations with respect
to such emissions and shall make such investigations and studies as  may
be  desirable for the purpose of such enforcement and of controlling and
eliminating air pollution, and for such  purpose  shall  have  power  to
compel  the  attendance  of  witnesses and to take their testimony under
oath.
  d. Noise pollution control.
  The commissioner shall enforce all  laws,  rules  and  regulations  to
eliminate  noise  pollution.  The commissioner shall make investigations
and studies to develop permissible sound levels and to correct  problems
related  to  noise  control, and, for such purposes, shall have power to
compel the attendance of witnesses and to  take  their  testimony  under
oath.
  e.  Review  of  environmental  consequences of certain activities. The
commissioner  shall  review   and   comment   upon   the   environmental
consequences of any activity requiring the approval of any agency of the
city  where  such activity may have a significant impact on the physical
aspects of the environment of the city, and  shall  be  responsible  for
investigating,  evaluating and reporting upon activities related to fuel
supply and demand, alternative sources of energy, and resource recovery.
  f. Resource recovery task force.
  (1) There shall be a resource recovery task force, which shall consist
of no  more  than  twelve  employees,  as  well  as  such  clerical  and
secretarial  staff as may be necessary, all of whom shall be assigned by
the commissioners of the department of environmental protection and  the
department  of  sanitation.  The  commissioner  shall jointly appoint an
executive director who shall report directly to both commissioners.
  (2) The task force shall  advise  and  make  recommendations  to  both
commissioners with respect to planning and implementation of programs of
energy and materials recovery for the city's solid and liquid wastes.
  (3)  The approval of both commissioners shall be required prior to the
adoption of any plan, action or regulation recommended by the task force
except as to environmental impact determinations which shall be the sole
responsibility of the commissioner of environmental protection.
  g. Energy conservation and alternative fuels. The  commissioner  shall
participate  in  formulating  an  energy  policy for the city, including
assessing the environmental costs and factors associated with all  kinds
of  energy  use  and  programs  developed  to  meet  energy  needs.  The
commissioner shall study, establish, organize, promote,  coordinate  and

carry  out  policies,  activities,  projects  and  programs  designed to
encourage fuel and energy conservation, alternate sources  of  fuel  and
energy and encourage, stimulate and foster others to participate in such
projects, programs and activities.
  h.  Emergency  response.  The  commissioner  shall  have  the power to
respond to emergencies caused by  releases  or  threatened  releases  of
hazardous  substances  into  the  environment.  The commissioner may (1)
implement any response measures deemed to be necessary  to  protect  the
public  health or welfare or the environment from a release or threat of
release, (2) order responsible persons to undertake  response  measures,
and  (3)  recover  the  costs  of  response  measures  incurred  by  the
department from responsible persons.
  i. Community right-to-know. The commissioner shall have the  power  to
collect,  compile and manage information concerning the amount, location
and nature of hazardous substances present in the city. This information
shall be made available to city personnel responsible for responding  to
emergencies involving hazardous substances and the public.

Section 1404.

Section 1404.

  § 1404.  Office of environmental remediation. There shall be an office
of environmental remediation within the department. The office shall  be
headed  by  the  director  of the office of environmental remediation in
accordance with subdivision e of section fifteen of the  New  York  city
charter.  The  office  shall  exercise  such  powers  and  duties as the
director shall determine, including, but not limited to, the  power  and
duty  to  administer  the  E-Designation  program, as defined in section
11-15 of the zoning resolution of the city of New York.