WHEREAS, on October 26, 2012, I issued Executive Order Number 47 declaring a disaster emergency in all 62 counties in the State of New York; and
WHEREAS, beginning on October 29, 2012, and continuing thereafter, Hurricane Sandy brought damaging winds and torrential rainfall causing record flooding and severe storm surge throughout the State of New York that severely devastated the State; and
WHEREAS, the flooding and storm surge caused by Hurricane Sandy created significant debris in and around the federally declared counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester, and this debris has caused conditions that continue to pose a persistent threat to the security, life and health of persons in those areas; and
WHEREAS, weather forecasts have identified a second powerful storm which may soon strike in and around the federally declared counties and that may worsen existing debris and related conditions; and
WHEREAS, in accordance with Section 1301 of Article 13 of the Public Health Law, the New York State Commissioner of Health has reviewed the conditions caused by Hurricane Sandy in and around the federally declared counties and, based on that review, has found that these conditions to be public nuisances;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of NewYork, by virtue of the authority vested in me by Section 1301 of Article 13 of the Public Health Law hereby declare the conditions caused by Hurricane Sandy to be public nuisances and order relevant local officials to remove the debris forthwith.
Signed: Andrew M. Cuomo
Dated: November 5, 2012
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8.63