Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 13, 2022

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

44 Statewide Deaths Reported from September 10 to September 12

Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19. 

"As we head into the fall, I urge New Yorkers to remain vigilant in keeping themselves, their loved ones, and their communities safe and healthy," Governor Hochul said. "Take advantage of the vaccine by staying up to date on doses. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Last week, Governor Hochul announced the availability of bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

In addition, Governor Hochul announced that masking will now be optional in multiple settings where they were previously required, including on public transportation, in for-hire vehicles, at airports, homeless shelters, correctional facilities, and detention centers. Masks will continue to be required at adult care and health care facilities regulated by the state Department of Health, and in clinical settings regulated by the Office of Mental Health, Office of Addiction Services and Supports, and Office for People With Developmental Disabilities.

Today's data is summarized briefly below:

• Cases Per 100k - 14.93
• 7-Day Average Cases Per 100k - 18.56
• Test Results Reported - 36,116
• Total Positive - 2,917
• Percent Positive - 8.07 %**
• 7-Day Average Percent Positive - 6.96%**   
• Patient Hospitalization - 2,192 (+49)*
• Patients Newly Admitted - 798
• Patients in ICU - 231 (+1)
• Patients in ICU with Intubation - 76 (-8)
• Total Discharges - 340,575 (+653)*
• New deaths reported by healthcare facilities through HERDS - 44*
• Total deaths reported by healthcare facilities through HERDS - 57,857*

 ** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

   The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.   

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

• Total deaths reported to and compiled by the CDC - 73,939

   This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.   

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:   

Borough	Saturday,   September   10, 2022	Sunday,   September   11, 2022	Monday,   September   12, 2022
Bronx	5.83%	5.69%	5.69%
Kings	3.64%	4.15%	5.11%
New York	5.12%	5.11%	4.99%
Queens	6.86%	6.75%	6.69%
Richmond	5.74%	5.89%	5.92%

United States Settles With Four Additional Responsible Parties For The Release Of Mercury In The Village Of Rye Brook

Defendants Agree to Pay $437,255 in Clean-up Costs and Accept Responsibility in Consent Decree 

 Damian Williams, United States Attorney for the Southern District of New York, and Lisa Flavia Garcia, Regional Administrator for the U.S. Environmental Protection Agency (“EPA”), Region 2, announced today that the United States has filed a civil lawsuit against AMERICAN IRON & METAL CO., INC. (“AIM”), CULP INDUSTRIES, INC. (“Culp”), PARAMOUNT GLOBAL (“Paramount”), and PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE (“PSNH”) (collectively, the “Defendants”), and has simultaneously filed a consent decree settling the lawsuit.  In the complaint, brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (“CERCLA”) – commonly known as the Superfund statute – the United States alleged that the Defendants arranged for the disposal or treatment of mercury by Port Refinery, Inc. (“Port Refinery”), a mercury refining business in the Village of Rye Brook, New York, which led to releases of mercury into the environment.  The consent decree provides for a combined payment of $437,255 by the Defendants for costs incurred by EPA in conducting clean-up activities at the site.

U.S. Attorney Damian Williams said:  “AIM, Culp, Paramount, and PSNH played a part in causing contamination in a residential community by arranging for the treatment or disposal of nearly 4,000 pounds of toxic mercury or mercury-containing materials, and now each is paying a share of the costs that EPA had to incur to clean up this site.  This Office continues to pursue and hold responsible parties accountable for their share of the costs at the site.”

EPA Regional Administrator Lisa F. Garcia said:  “With an additional $437,255 in cleanup costs that will be recovered by EPA, this settlement is good news and it brings the total amount recovered from responsible parties for this cleanup to more than $2.8 million.  This case demonstrates EPA’s commitment to clean up harmful pollution while holding accountable those entities that are responsible for cleanup costs.”

As alleged in the complaint filed today in White Plains federal District Court, each of the Defendants arranged for Port Refinery’s treatment or disposal of used or scrap mercury and mercury-containing materials at the Site.  Port Refinery’s treatment and processing of mercury sent by the Defendants and other parties led to extensive releases of mercury into the environment, necessitating two separate clean-up actions by EPA.  In connection with the second clean-up, EPA incurred costs at the Site for investigative and removal activities, including, among other things, excavating and disposing of more than 9,300 tons of mercury-contaminated soil from the site.

In the consent decree filed today, the Defendants admit and accept responsibility for the following:

• EPA has determined that from the 1970s through the early 1990s, Port Refinery engaged in, among other things, the business of mercury reclaiming, refining, and processing.
• Port Refinery operated in the Village of Rye Brook out of a two-story garage bordered by private residences on its south, east, and west sides.
• EPA has determined that Port Refinery took virtually no environmental precautions or safety measures during its mercury refinement process.
• EPA has determined that Port Refinery released a significant amount of mercury into the environment, contaminating the Site.
• EPA has determined that mercury from the Defendants’ mercury-containing products was comingled at the Site and contributed to the mercury released into the environment.

Moreover, in the consent decree each Defendant admits and accepts responsibility for directly or indirectly delivering mercury to Port Refinery as follows:

• AIM delivered 1,033 pounds of mercury to Port Refinery during Port Refinery’s period of operations.
• Culp delivered 527 pounds of scrap mercury to Port Refinery during Port Refinery’s period of operations.
• Paramount delivered to Port Refinery, via a third-party broker, ten drums containing at least 600 pounds of mercury residue for refining by Port Refinery during Port Refinery’s period of operations.
• PSNH sold 1,754 pounds of used mercury containing titanium or magnesium to a third-party broker during Port Refinery’s period of operations, and EPA has determined that those surplus mercury and mercury-containing materials came to be located at the Site.

Pursuant to the consent decree, the Defendants will pay a total of $437,255 in costs incurred by EPA.

This lawsuit is the United States’ seventh lawsuit against responsible parties to recover clean-up costs for the second clean-up at the Site.  With this settlement, the United States has recovered a total of $2,819,392 from responsible parties. 

The consent decree will be lodged with the District Court for a period of at least 30 days before it is submitted for the Court’s approval to provide public notice and to afford members of the public the opportunity to comment on the consent decree.

Statement from Comptroller Lander on Board of Regents Vote on Academic Standards at Private Schools Receiving Public Funds

 

New York City Comptroller Brad Lander issued the following statement on today’s New York State Board of Regents vote to establish new regulations for holding private and parochial schools to substantially equivalent academic standards. The vote comes on the heels of The New York Times story outlining a lack of oversight of private Hasidic Jewish schools that fail to provide a basic secular education.

“Every single New York City child is owed a solid education that prepares them to thrive – yet as The New York Times report this week made starkly clear, too many yeshivas are failing that essential task. That so many young people have been denied the necessary skills they need to succeed in the higher educational opportunities, jobs, and diverse cultural and civic life of our city is a tragedy. That some of them may have been subjected to physical abuse is a shande.

“It is entirely possible for yeshivas to offer enriching English, math, and science education at the same time as a strong grounding in religious texts and Jewish tradition – indeed, many do. I know it personally, because many of my friends and colleagues are smart, well-educated yeshiva graduates.

“It’s also true that too many of our public schools fail to provide the enriching education that every one of our students deserve. The answer, of course, is to do all we can to demand accountability from all our schools – not to use the shortcomings of some to excuse those of others.

“Like all other private and public schools in New York State, yeshivas receive public funding to help meet the needs of and their obligations to their students. The government has an oversight responsibility to ensure those public dollars are spent as intended. Unfortunately, in recent years both the City and State have failed to hold yeshivas to appropriate educational standards. It is time for that to change. 

“Today, the Board of Regents adopted regulations clarifying the City’s oversight responsibilities to ensure that private and parochial schools offer a substantially equivalent basic education. As Comptroller, I’ll work to make sure we meet them.”

NYPD Commissioner Sewell Announces New Chief of Staff

 

Police Commissioner Keechant L. Sewell announced the appointment of Oleg Chernyavsky to Chief of Staff to the Police Commissioner, from his previous position as Assistant Deputy Commissioner, Legal Matters. This appointment further strengthens the police commissioner’s administration as the NYPD continues its work to safeguard New York City and deliver the most effective, fair policing to the people it serves.

Mr. Chernyavsky’s deep understanding in managing a combination of the most significant legal and policy subjects, as well as his close work with local, state, and federal government partners, will enrich the NYPD executive team’s work on timely public-safety issues of wide-ranging importance.

“I am extremely pleased to add Mr. Chernyavsky to my executive team,” said NYPD Commissioner Keechant L. Sewell. “His decades of service with the New York City Police Department have established him as one of the premier law-enforcement professionals in our city. I look forward to working closely with him and the rest of our team as we continue to fight for every New Yorker, in every New York City neighborhood.”

CHIEF OF STAFF TO THE POLICE COMMISSIONER

Oleg Chernyavsky

Oleg Chernyavsky joined the New York City Police Department as an attorney in October 2002, assigned to the department’s Legal Bureau. He rose through the ranks, and was promoted to Assistant Deputy Commissioner, Legal Matters in June 2019. In this role, while simultaneously overseeing all of the Legal Bureau’s attorneys and support staff, he served as an advisor to the police commissioner and other NYPD executives on a variety of legal topics and policies as they relate to policing. Mr. Chernyavsky also served as the NYPD’s liaison with various city, state, and federal elected officials, as well as police executives and prosecutors throughout New York State. While assigned to the Legal Bureau’s Civil Enforcement Unit, Mr. Chernyavsky spearheaded the reconstruction of the department’s vehicle forfeiture program and prosecuted nuisance abatement actions. During his time at the Legal Bureau’s Criminal Section, he advised and trained members of the department on a variety of topics, represented the NYPD at community council meetings, and advised the Detective Bureau on numerous investigations, including several high-profile and newsworthy crimes and investigations. His mission has also involved analyzing complex legislative matters at all levels of government and working closely with agency executives on confidential and sensitive matters. Mr. Chernyavsky has conferred frequently with the Mayor’s Offices of Federal, State, and City Legislative Affairs as well as with elected officials and other city agencies. Additionally, he serves as the NYPD liaison to the New York State Association of Chiefs of Police, and served as the police commissioner’s voting representative on the Governor’s Criminal Justice Task Force. Mr. Chernyavsky earned a Bachelor of Science degree from St. John’s University, a master’s degree in international relations from Syracuse University’s Maxwell School, and a Juris Doctor degree from Syracuse University School of Law.