N.Y. ENV Law § 28-0109 — New York Code / Act ENV / Article 28 / Section 28-0109
Small business pollution prevention and environmental compliance assistance program
Status: in_force

§ 28-0109. Small business pollution prevention and environmental\n             compliance assistance program.\n  1. The commissioner is hereby authorized and directed to establish,\ndevelop and implement a small business pollution prevention and\nenvironmental compliance assistance program. The purpose of such program\nshall be to:\n  a. assist eligible businesses to achieve pollution prevention and\nimproved environmental performance;\n  b. assist eligible businesses to comply with the provisions of and\nrules adopted pursuant to this chapter; and\n  c. support all environmental and regulatory programs carried out\npursuant to this chapter, including permitting, facility inspection and\nenforcement activities. For the purposes of this section, "eligible\nbusiness" shall mean a small to medium-sized business, not-for-profit\norganization or municipality which employs less than five hundred\npersons on a full-time basis.\n  2. The commissioner, after providing notice and opportunity for public\nhearing, may exclude from the small business pollution prevention and\nenvironmental compliance assistance program any category of regulated\nentity that the commissioner determines to have sufficient technical and\nfinancial capabilities to meet the requirements of this chapter without\nsuch assistance. The department may designate eligibility for assistance\nbased on whether an eligible business has sufficient technical and\nfinancial capabilities to comply with federal and state law without such\nassistance. Such determination or designation shall be based on criteria\nformally adopted by the department as guidance or regulation therefor.\nSuch program shall include:\n  a. the development, collection and coordination of information\nconcerning pollution prevention and compliance methods, and programs to\nencourage lawful cooperation among eligible businesses and other persons\nto further comply with the provisions of this chapter;\n  b. adequate mechanisms for assisting eligible businesses with\npollution prevention, environmental compliance and accidental release\ndetection and prevention, including providing information concerning\nalternative technologies, process changes, and products and methods of\noperation that help to achieve pollution prevention;\n  c. the provision of assistance for eligible businesses in:\n  (i) determining applicable requirements of this chapter and rules and\nregulations promulgated pursuant thereto,\n  (ii) submitting complete permit applications, and\n  (iii) receiving permits issued by the department in a timely and\nefficient manner;\n  d. adequate mechanisms for referring eligible businesses to qualified\nauditors, or to the extent possible, offering eligible businesses and\nresponding to requests from eligible businesses for audits of the\noperations of such businesses to determine compliance with this chapter\nand rules and regulations promulgated pursuant thereto;\n  e. procedures for offering eligible businesses and responding to\nrequests from eligible businesses for technical, pollution prevention\nand environmental compliance assistance including, but not limited to:\n  (i) on-site technical assistance and consultations regarding the\nidentification and implementation of opportunities to achieve pollution\nprevention or enhance compliance, including the adoption of\ncomprehensive pollution prevention plans or environmental management\nsystems;\n  (ii) assistance in the modification of any work practice and the\nidentification of affordable and cost effective alternative technologies\nor technological improvements to achieve pollution prevention or to\nachieve compliance with or to establish compliance procedures pursuant\nto this chapter and rules and regulations promulgated pursuant thereto;\nand\n  (iii) the establishment of a schedule of milestones for implementing\nsuch work practice or method of pollution prevention or compliance\npreceding any applicable compliance date, based on the technology and\nfinancial capability of such eligible business. No modification shall be\nrecommended unless it is in compliance with the applicable requirements\nof environmental laws;\n  f. procedures for soliciting input from and exchanging information\nwith the small business pollution prevention and environmental\ncompliance ombudsman program created pursuant to section 138 of the\neconomic development law, regarding pollution prevention opportunities\nand compliance requirements for small businesses;\n  g. adequate mechanisms for the collection and dissemination of\ninformation to eligible businesses, including the development of\nguidance manuals and the establishment of a toll-free telephone number\ndedicated to answering questions involving pollution prevention and\nsmall business compliance;\n  h. procedures for assuring the confidentiality of information received\nfrom eligible businesses;\n  i. the identification of individuals, firms and/or state and local\nagencies with a distinctive competence in areas related to pollution\nprevention and compliance with environmental laws, rules and\nregulations, and a demonstrated ability to serve eligible businesses,\nfor the purpose of referring eligible businesses with identified needs\nto consultants or agencies with relevant expertise; and\n  j. the provision of information on state-sponsored programs offering\nfinancial or technical assistance and on funding available from private\nlenders to eligible businesses, and of aid to such businesses in\napplying for financial assistance or funding.\n  3. In developing and implementing the small business pollution\nprevention and environmental compliance assistance program, the\ndepartment shall consult with the pollution prevention and environmental\ncompliance coordinating council as created pursuant to section 28-0111\nof this article, the environmental facilities corporation, the small\nbusiness pollution prevention and environmental compliance ombudsman\nprogram as created pursuant to section 138 of the economic development\nlaw and the office of waste prevention services as created pursuant to\narticle 14 of the economic development law.\n