This chapter shall be known as "The Rockland County Hazardous Materials
Notification Law."
It is hereby declared and found that because of the dangers from terrorist activity this nation, state and County face on a daily basis, and because of the ease with which certain precursor materials (as defined by §
282-3) can be obtained by the general public, and because of the many sources of information generally available to the public that provide instructions as to how to use precursor materials to create explosive and chemical devices, allowing business enterprises to continue to operate without laws to control and regulate the purchase of such articles not only jeopardizes the safety of many people but also extremely hampers the police agencies in their efforts to protect the public. If the law enforcement agencies are to function in this area, a local law regulating acquisition of certain precursor materials that can be made into explosive and chemical devices is necessary. Thereby, the public health, safety and general welfare of the County of Rockland will be protected and promoted and the best interest of the people would be served by the control and regulation of transfer of certain precursor materials. It is the intention of the Legislature of Rockland County that this chapter shall constitute the complete law in relation to the control and regulation of certain household products for the County of Rockland.
Unless the context specifically indicates otherwise, the meanings of
terms used in this chapter shall be as followed:
AMMONIUM NITRATE
Solid ammonium nitrate that is chiefly the ammonium salt of nitric
acid and contains not less than 33% nitrogen, of which:
A.
Fifty percent is in ammonium form; and
B.
Fifty percent is in nitrate form.
PRECURSOR MATERIAL
Any of the following materials shall be considered a precursor:
A.
Ammonium nitrate (fertilizer) in quantities of 100 pounds or more;
B.
Hydrogen peroxide (H2O2)
30% strength or greater and in quantities of one gallon or greater;
WHOLESALER or RETAILER
Any individual or business that sells or transfers ownership of a
precursor material to a third party as party of a business transaction.
Every wholesaler and retailer of precursor materials shall store/display
said precursor materials behind the counter in an area accessible only to
employees or in a locked container. Violating the storage display requirement
is treated as the equivalent of selling precursor materials without fulfilling
the reporting requirements of this chapter.
Every wholesaler and retailer of precursor materials shall furnish to
the Rockland County Sheriff or his or her agent and the chief of police in
the jurisdiction in which the business premises is located all information
requested relative to all records required to be kept under this chapter.
This chapter shall not create any liability on the part of the County
of Rockland, its officers, agents or employees or any police officer for any
act or damage caused as a result of reliance on this chapter or any administrative
decision lawfully made thereunder.
This chapter shall not apply to licensed service contractors bringing
precursor materials to a residence for the purpose of use by that resident.