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 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.
§ 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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