Draft Order of Commissioner of Health, Oct 2001

NYC 9/11 Public Portal Document

Fax: Oct 1? 2001 07:13 P.07 4#.

DRAFT #4 - October 15,2001

ORDER OF THE COMMISSIONER OF HEALTH

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

WHEREAS, a 25 foot perimeter has been establidxed, 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 vehicles, 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 of the 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 any necessary precaution to protect human life and health; and

WE Ta?EAS, 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 ofany 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 velucles under their control as they leave the site may endanger the health and safety of the general public outside the site zone, and are thereby creatinga nuisance as defined in §17-142 of the Administrative Code.

IT IS HEREBY ORDERED that all persons leaving the WTC site shall follow personal hygiene protocols including, but not limited to, hand and face wash; boot wash; removal or HEPA vacuuming of work clothes (coveralls) at personal hygiene facilities located throughout die site; and

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