NYC Law Department letter regarding EPA draft report excerpts, July

NYC 9/11 Public Portal Document

THE CITY OF NEW YORK

DEPARTMENT OF HEALTH OFFICE OF THE COMMISSIONER

NEAL L. COHEN, M.D. COMMISSIONER 125 WORTH STREET ORDER OF THE COMMISSIONER OF HEALTH TEL (212) 788-5261 NEW YORK, NY 10013 FAX(212)964-<>472

WHEREAS, substantial numbers of persons and vehicles, including, but not limited to, construction and demolition contractors and workers, and relieffacility operators, have been engaged in continuous, essential emergency operations to search for and recover victims ofthe September 11, 2001 World Tr~de Center disaster ("WTC''), and to remove debris from such site; and

WHEREAS, a 25 foot perimeter has been established, in various locations identified by a green line, surrounding and demarcating an area of rubble and debris which is known to contain certain hazardous materials, including. but not limited to, asbestos; and

WHEREAS, individuals and vehicles which enter within the 25 foot perimeter and/or green line at the WTC site may be carrying debris cargo and accumulated adherent particles of such hazardous materials; and

WHEREAS, such individuals and vel}icles, upon departure from the WTC site, may transport and deposit particles of hazardous materials·outside the WTC site, exposing members of the public to the hazardous materials and thereby endangering their health and safety; and

WHEREAS,§ 17-142 ofthe Administrative Code ofthe City ofNew York ("Administrative Code") defines "nuisance," in pertinent part, as "anything that may be dangerous to life or detrimental to health," and

WHEREAS, New York City Health Code ("Health Code") §3.09 states, in pertinent part, that "no person shall do or assist in any act which is or may be detrimental to the public health, ... [and] [N]no person shall fail to do any reasonable act or take ~y necessary precaution to protect . human life and health; and

WHEREAS, Health Code §3 .11 further provides that "No person shall commit or maintain a nuisance ... [or] allow such a nuisance to exist or to be created in respect of any matter, thing, chattel or premises which he owns or controls;" and

.WHEREAS, I find that persons who fail to take appropriate measures to clean themselves and equipment and vehicles under their qontrol as they leave the site may endanger the health and safety of the general public outside the site zone, and are thereby creating a nuisance as defined in §17-142 of the Administrative ·Code.

NYC-WTC_000146479