NY Env Conserv L § 27-1517 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 15 - Storage, Treatment, Disposal and Transportation of Regulated Medical Waste 27-1517 - Permits for Storage, Transportation, Treatment or Disposal of Regulated Medical Waste.

§ 27-1517. Permits for storage, transportation, treatment or disposal of              regulated medical waste.   1.   In   order  to  assure  that  permits  authorizing  the  storage, transportation, treatment or disposal of regulated medical waste are not issued to or held by unqualified or unsuitable persons, the commissioner may, consistent with articles twenty-three  and  twenty-three-a  of  the correction  law,  and the provisions of section 70-0115 of this chapter, deny, suspend, revoke or modify  any  permit,  renewal  or  modification thereto  for  the  storage,  transportation,  treatment  or  disposal of regulated medical waste, upon a written determination that  such  action is required to protect the public health and safety and that:   a.  The  permit  holder or applicant has been finally determined in an administrative, civil  or  criminal  proceeding  to  have  violated  any provision  of  this  article,  any related order or determination of the commissioner, any regulation promulgated pursuant  to  this  article,  a material   condition   of  any  permit  issued  thereunder,  or  of  any substantially similar statute, regulation, order or permit condition  of the federal or other state government relating to the handling, storing, treating,  disposing  or  transporting  of solid, hazardous, infectious, medical or regulated medical waste; or   b. Such permit holder or applicant has been previously denied a permit for the same or substantially similar activity based upon one or more of the provisions of this subdivision; or   c. Such  permit  holder  or  applicant  has  been  found  in  a  civil proceeding  to  have committed a negligent or intentionally tortious act in  relation  to  the  handling,   storing,   treating,   disposing   or transporting  of  solid,  hazardous,  infectious,  medical  or regulated medical waste, or has been convicted in a criminal proceeding of a crime involving the handling, storing, treating, disposing or transporting  of solid,  hazardous,  infectious,  medical  or  regulated  medical  waste, provided, however, that where such conviction is of a  criminal  offense under  the laws of any other state or of the United States, such offense would constitute a crime under the laws of this state; or   d. Such permit holder has been convicted of a felony under the laws of this state involving fraud, bribery, perjury,  or  theft,  or  has  been convicted under the laws of any other state or of the United States of a criminal offense which, if committed and prosecuted in this state, would constitute a similar felony under such laws of this state.   e.  Such  permit  holder  or  applicant,  in  any  matter  within  the jurisdiction of the department, has been determined  to  have  knowingly falsified  a material fact, or knowingly submitted a false statement, or knowingly made use of a false statement in connection with any  document or application submitted to the department; or   f. Such permit holder or applicant is either:  (i) an individual who had a substantial interest in or acted as a high managerial   agent   or   director  for  any  corporation,  partnership, association or organization which committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this section or regulations promulgated thereunder  if  such corporation,  partnership,  association  or  organization  applied for a permit under this title; or  (ii) a corporation, partnership, association, or organization, or  any principal thereof, or any person holding a substantial interest therein, which  committed an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to  this  section or  regulations promulgated thereunder if such corporation, partnership, association or organization applied for a permit under this title; or  (iii) a corporation, partnership, association or organization  or  any high  managerial  agent  or  director  thereof,  or any person holding a substantial  interest  therein,  acting  as  high  managerial  agent  or director  for  or holding a substantial interest in another corporation, partnership,  association  or  organization  which  committed  an act or failed to act, and such act or failure to act could be the basis for the denial of a permit pursuant to this section or  regulations  promulgated thereunder  had  such  other  corporation,  partnership,  association or organization applied for a permit under this title.   For the purposes of this subdivision, "high managerial agent" has  the same meaning as is given that term in section 20.20 of the penal law.   2.  Any  act  or  failure to act which serves as a basis for denial or revocation of a permit pursuant to this subdivision shall have  occurred within  five  years from the date on which the application for a permit, renewal or modification is submitted to the department or from the  date on  which  the  department serves notice of intent to revoke or modify a permit issued by the department in relation to an existing permit.   3. Any person denied a permit, renewal or modification on the  grounds specified  in  this  section shall be entitled to a hearing within sixty days of such denial in the case of a new permit, or within fifteen  days in  the  case  of  a renewal or modification of any existing permit. The conduct of such hearing shall be governed by article 70 of this  chapter and regulations promulgated thereunder.