§ 37-0103 — Lists of substances hazardous or acutely hazardous to public health, safety or the environment

New York § 37-0103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: Substances Hazardous to the Environment
• Art. 37: Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment

Text

§ 37-0103. Lists of substances hazardous or acutely hazardous to public\n health, safety or the environment.\n 1. No later than two years from the date on which this section as\nhereby amended takes effect, the commissioner shall promulgate and\nthereafter from time to time amend regulations consistent with the state\nadministrative procedure act which contain:\n (a) A list of substances hazardous to the public health, safety or the\nenvironment, as required by paragraph (b) of subdivision ten of section\n71-2702 of this chapter, which meet the following criteria:\n (i) because of their quantity, concentration, or physical, chemical or\ninfectious characteristics cause physical injury or illness when\nimproperly treated, stored, transported, disposed of, or otherwise\nmanaged; or\n (ii) pose a present or potential hazard to the environment when\nimproperly treated, stored, transported, disposed of, or otherwise\nmanaged; or\n (iii) because of their toxicity or concentration within biological\nchains, present a demonstrated threat to biological life cycles when\nreleased into the environment.\n (b) A list of substances acutely hazardous to public health, safety or\nthe environment, as required by paragraph (b) of subdivision eleven of\nsection 71-2702 of this chapter, which meet the following criteria:\n (i) A. have an oral LD (rat) toxicity of less than 50 milligrams per\nkilogram; or\n B. have an inhalation LC (rat) toxicity of less than 2 milligrams per\nliter; or\n C. have a dermal LD (rabbit) toxicity of less than 200 milligrams per\nkilogram; or\n (ii) cause or are capable of causing death, serious illness or serious\nphysical injury to any person or persons as a consequence of release\ninto the environment.\n 2. In promulgating a list pursuant to paragraph (a) of subdivision one\nof this section, the commissioner shall include the following:\n (a) substances whose manufacture, processing, contribution in\ncommerce, use, possession or disposal is banned, prohibited or limited\npursuant to the federal Toxic Substances Control Act (15 U.S.C. 2601 et\nseq.) as of January 1, 2008, as amended from time to time;\n (b) substances and pesticides whose use or possession is prohibited\npursuant to the federal Insecticide, Fungicide and Rodenticide Act (7\nU.S.C. 135 et seq.) as of January 1, 2008, as amended from time to time;\nand\n (c) substances defined as hazardous substances pursuant to the federal\nComprehensive Environmental Response, Compensation and Liability Act (26\nU.S.C. 4611 et seq.; 42 U.S.C. 9601 et seq.) as of January 1, 2008, as\namended from time to time.\n