For Release: Monday, November 13, 2006
Information For Media Outlets on New Hazardous Spill Reporting Requirement
Federal and New York State laws require the notification of government agencies when certain releases of pollutants, petroleum, and other hazardous materials occur. The New York State Department of Environmental Conservation's (DEC) Spill Response Program operates the New York State Spill Hotline - (800) 457-7362 -- to receive the reports and notify DEC's trained technical responders. These staff members then take appropriate action to ensure containment, cleanup and disposal are completed to help ensure protection of public health and the environment.
New State legislation (Chapter 616 of the laws of 2006) amended the Environmental Conservation Law to require the DEC to provide notification to local officials and the public of reports when certain spills of specific DEC-regulated hazardous materials occur.
As required by the new law, within 48 hours of a spill reported to the State, DEC must notify the chief executive officer of the village, town, or city in which the spill occurred and that meets the following criteria:
- the material spilled is a hazardous substance listed in 6NYCRR Part 597 (which does not include petroleum);
- the spiller is in actual or constructive possession or control of more than 1100 gallons of the substance; and
- the spill could reach the lands or waters of the state (including groundwater).
When a spill meeting these criteria occurs, DEC will provide local officials with information regarding the spill along with a summary of the requirements of this new law. If the spill has the potential to impact adjacent communities, the DEC will also provide notification to officials representing these areas.
Also as required by the new law, DEC will provide notification of spills that meet these criteria to the public through local news outlets. As spills meeting these criteria are reported, media outlets will begin receiving media advisories to notify them of the spill with the information provided to DEC at the time the spill was reported. It is important to note that the spill may be undergoing additional investigation. Information about the spill's size, composition, or cause is subject to change as the investigation continues.
The spill media advisory will include a DEC contact to reach for additional spill information. In addition, information about spills meeting the law's notification criteria, as well as other spills regulated by the Department, will continue to be regularly posted to the DEC spills database found at http://co-nt-cms1/cfmx/extapps/derfoil/index.cfm?pageid=2 on DEC's website. More information about DEC's Spill Response and Remediation Program can be found at http://www.dec.ny.gov/chemical/8428.html.
Attached is a sample spill notification form to give an example of the information media outlets will soon be receiving. DEC appreciates the cooperation of local media outlets in helping to fulfill this legislative requirement.
* SAMPLE *
MEDIA ADVISORY
Pursuant to the notification requirements of Section 17-1743 of the Environmental Conservation Law, the New York State Department of Environmental Conservation (DEC) Spill Hotline has received, and is investigating the following report:
Spill reported: November 16, 2006
Spill occurred: 1234 Main Street, Town, County
Material spilled: Perchloroethylene
Quantity as reported: 6 gallons
For more information, contact the DEC staff member listed below or go to the Spill Incidents Database Search at http://co-nt-cms1/cfmx/extapps/derfoil/index.cfm?pageid=2 on DEC's website.
Contact: DEC Region 2 Citizen Participation Specialist, (718) 482-4953
