§ 27-1301. Definitions. When used in this title: 1. “Hazardous waste” means a waste which appears on the list or satisfies the characteristics promulgated by the commissioner pursuant to section 27-0903 of this article and any substance which appears on the list promulgated pursuant to section 37-0103 of this chapter; provided, however, that the term […]
§ 27-1303. Identification of sites. 1. a. For a period of one year after the effective date of the chapter of the laws of two thousand three designating and amending this paragraph, each county shall, for the purpose of locating inactive hazardous waste disposal sites, as that term was defined on January first, two thousand […]
§ 27-1305. Reports by the department; registry of sites. 1. The department shall maintain and make available for public inspection, either at each of its regional offices and regional sub-offices, at the office of the county clerk or register for each county and at the office of the town clerk for each town in Suffolk […]
§ 27-1307. Reports to the department. 1. In order to facilitate the department’s efforts to secure information about inactive hazardous waste disposal sites in the state, any person shall, upon the request of the department, furnish to the department, in a form and manner prescribed by the department, the following information: a. The name and […]
§ 27-1309. Access to records and sites. 1. Every person shall, upon the written request of the commissioner or a designee, permit a duly designated officer or employee of the department at all reasonable times to have access to and to copy all books, papers, documents and records relating to the current and past hazardous […]
§ 27-1311. Confidentiality. 1. The department or any other state agency shall hold confidential any information in any report to the department made pursuant to section 27-1307 of this article or any records secured by the department or any inspection, sampling or analysis made by the department pursuant to section 27-1309 of this article or […]
§ 27-1313. Remedial programs. 1. a. The department shall be responsible, as provided in this section, for inactive hazardous waste disposal site remedial programs except as provided in section one thousand three hundred eighty-nine-b of the public health law. b. The department shall have the authority to require the development and implementation of a department-approved […]
§ 27-1315. Rules and regulations. 1. The commissioner shall have the power to promulgate rules and regulations necessary and appropriate to carry out the purposes of this title. Any regulations shall include provisions which establish the procedures for a hearing pursuant to subdivision four of section 27-1313 of this title and shall ensure a division […]
§ 27-1316. Citizen technical assistance grants. 1. The commissioner is authorized to provide, or order a person acting under order or on consent, to provide grants to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code who may be affected by an inactive hazardous waste disposal site remedial program. To […]
§ 27-1317. New use of sites. Subsequent to the adoption of regulations by the department provided for in this section, no person may substantially change the manner in which an inactive hazardous waste disposal site on the registry prepared and maintained by the department pursuant to section 27-1305 of this title is used, without notifying […]
§ 27-1318. Institutional and engineering controls. (a) When the department approves a proposed remedial work plan that includes institutional controls and/or engineering controls as components of a proposed remedial program, such remedial work plan shall include: (i) a complete description of any proposed use restrictions and/or institutional controls and the mechanisms that will be used […]
§ 27-1319. State superfund management board. 1. a. There is hereby created within the department the “state superfund management board” hereinafter referred to as the board. Such board shall consist of fourteen members, including the commissioners of environmental conservation and health, or their designees, and twelve at large members appointed by the governor, two of […]
§ 27-1321. Protection against liability. 1. Notwithstanding any other provision of law to the contrary, any person who is, by professional training or experience and attainment, qualified to analyze and interpret matters pertaining to the treatment, storage, disposal, or transport of hazardous materials or hazardous wastes, and who voluntarily and without expectation of monetary compensation […]
§ 27-1323. Liability exemptions and defenses. 1. Lender exemption. (a) For purposes of this title no lender shall incur any liability from any statutory claims of the state as an owner or operator of a site, or a person responsible for the disposal of a hazardous waste at such site, provided such lender, without participating […]
