It’s time to file New York City (NYC) Department of Environmental Protection (DEP) Community Right to Know (RTK) annual Tier II reports. If you have a facility in NYC storing, handling or using hazardous substances or chemicals, make sure you file your RTK annual reports before the March 1st, 2022 deadline.
WHAT IS NYC COMMUNITY RIGHT-TO-KNOW?
The NYC DEP regulates the storage, use and handling of hazardous substances, extremely hazardous substances and regulated toxic substances in amounts at or above the federal threshold planning quantities (TPQ) within all five (5) NYC boroughs (Manhattan, Brooklyn, Queens, the Bronx, or Staten Island) through its Community Right-to-Know (RTK) Program. These substances are regulated to protect the health and safety of the public and emergency responders and to prevent potential adverse impacts to the environment.
WHO NEEDS TO FILE?
Examples of types of facilities that governed by the NYC Community RTK Law include:
- Industrial or Manufacturing Facilities
- Dry Cleaning and Laundromat Facilities
- Hotels and Commercial Hospitality Businesses
- Nursing Homes and Rehabilitation Centers
- Automotive Repair Facilities, Car Dealerships, Service Stations and Auto Body Shops
- Funeral Homes and Printing Facilities
- Bulk Supply Stores
- Research Laboratories
- Other Businesses that house Hazardous Substances
Many substances may need to be reported, even in seemingly small quantities, based on the very low reporting thresholds. If your facility uses or stores any of the substances listed below, you may be required to file:
- Petroleum products / fuels (Diesel, Gasoline, Motor Oil), Brake Fluid, Antifreeze
- Paints, Paint Thinners, Lacquers, Dyes
- Cleaning Supplies, Bleach, Wax, Solvents, Detergents
- Aerosols, Air Fresheners, Disinfectants, Insect Repellants
- Lubricants, Grease, Degreasers
- Batteries, Fertilizers, Preservatives
- Compressed Gas Cylinders
CONSEQUENCES FOR NOT FILING
In NYC, not filing an annual RTK Tier II report on time or at all, or filing incorrect amounts in the reports, could potentially cost you up to $2,500 and up to one (1) year in prison for your first violation. Potential fines and penalties are increased for repeated violations.
HOW DO I FILE?
The DEP annual RTK Tier II filing can be submitted electronically or by mail and should be accompanied by the associated payment of fees due.
WALDEN IS HERE TO HELP YOU!
Walden has over 25 years of experience with regulatory compliance. Walden can help you with every step of the Right-to-Know process. If you are still not sure if Right-to-Know applies to your facility, call us at (516) 758-1273, and one of our RTK experts will be happy to answer your questions and clear any doubts.