Emergency procurement authorization for hazmat trailers, July 2002

NYC 9/11 Public Portal Document

DECLARATION OF EMERGENCY

WHEREAS, on Sunday, July7,2002, the presence oftwo abandoned 40-foot trailers containing unknown materials on the north side ofCross Bay Boulevard, between 149th Street and North Conduit Avenue, in Queens County, was reported to the Division ofEmergency Response andTechnical Assistance (“DERTA”) of the New York City Department of Environmental Protection (“NYCDEP”); and

WHEREAS, DERTA responded to the scene ,and upon investigation, discovered that the trailers contained paint and paint-related materials, including flammables, combustibles, and various potentiallytoxic heavy metals, including mercury and lead;

WHEREAS, to date, attempts to locate a responsible party have been fruitless; and

WHEREAS, the trailers appear to be approximately 35 years old, and in order to ensure stability, one trailer had to be braced by the Fire Department of the City of New York (“FDNY”); and

WHEREAS, the dilapidated condition ofthe trailers, combined with the presence ofhazardous waste and high ambient temperatures are creating a potential fire/explosion hazard; and

WHEREAS, pursuant to the New York City Hazardous Materials Emergency Response Law and Regulations, and in order to avoid any such fire or explosion, the condition must be abated forthwith; and

WHEREAS, the immediate action required cannot be met through normal procurement methods; and

WHEREAS, the aforementioned circumstances affect the health and safety ofthe inhabitants ofthe City of New York.

NOW, THEREFORE, for the aforementioned reasons, pursuant to the authority conferred by Section 315 ofthe New York City Charter and Section 3-06 ofthe Procurement Policy Board Rules, I hereby determine that an emergency exists, and

I FURTHER DETERMINE that emergency contract(s) must be let in the most expeditious manner possible to ensure the necessary abatement of this potential threat to the public and the environment.

Dated: July 9,2002

CHRISTOPHER O. WARD

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