N.Y. ENV Law § 28-0107 — New York Code / Act ENV / Article 28 / Section 28-0107
Powers and duties of the department
Status: in_force

§ 28-0107. Powers and duties of the department.\n  Consistent with the policy of the state as it is declared in section\n28-0101 of this article, the department shall have the power to:\n  1. Develop, coordinate, implement and measure policies, planning and\nprograms to promote pollution prevention, including but not limited to,\ntechnical assistance programs and the identification of alternative\ncompliance approaches that incorporate pollution prevention;\n  2. Provide education, training, outreach and technical assistance,\nincluding on-site technical assistance, to the public regarding\npollution prevention, including but not limited to businesses,\nnot-for-profit organizations and state and local agencies;\n  3. Track, monitor and analyze efforts to achieve pollution prevention\nand the effects of pollution prevention on the consumption of energy and\nnatural resources; the use of hazardous substances; and the generation\nof hazardous substances, pollution and waste;\n  4. Promote the consideration of opportunities for pollution prevention\nthroughout the department's programs, including the provision of\ninformation on pollution prevention options, technical information and\ntechnical assistance to permit applicants, owners and operators of\nfacilities that are subject to departmental inspections, and to persons\nwho are subject to departmental enforcement actions;\n  5. Develop policies to facilitate, support and encourage the provision\nof pollution prevention and compliance assistance, including on-site\ntechnical assistance, by all department staff, including regulatory\nprogram staff, to businesses, not-for-profit organizations, state and\nlocal agencies or other persons who request such assistance, including\nthe adoption of policies to address how the department will respond if\nviolations are identified in the course of providing such assistance;\n  6. Coordinate pollution prevention outreach and technical assistance\nwith inspection and enforcement efforts, including the targeting of\nspecific sectors for concentrated outreach prior to inspection and\nenforcement and the establishment of a technical assistance referral\nsystem;\n  7. Provide opportunities for training in pollution prevention to all\nappropriate department staff on an annual basis;\n  8. Promote and encourage the adoption of environmental management\nsystems as a way to achieve pollution prevention and continually improve\nenvironmental, economic and management performance across a range of\norganizations and settings, including state and local agencies,\nbusinesses, and not-for-profit organizations;\n  9. Develop pollution prevention information that can be distributed by\nother state agencies and public authorities that are involved in the\nregulation of, or provision of financial assistance to businesses,\nmunicipalities and not-for-profit organizations;\n  10. Coordinate and cooperate with federal, state and local agencies,\npublic and private organizations, and groups administering programs or\nengaged in activities related to pollution prevention, energy\nconsumption, resource consumption, the use and generation of hazardous\nsubstances, or the generation of waste or pollution; and\n  11. Encourage, support and undertake research, development and\ntechnology transfer in support of pollution prevention, and coordinate\nand cooperate with federal, state and local agencies, businesses and\nbusiness associations, public and private organizations, and groups\nengaged in pollution prevention research, development and technology\ntransfer, including educational, civic and research organizations,\ncolleges, universities, institutes or foundations.\n