NY Pub Auth L § 1285-G (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 12 - New York State Environmental Facilities Corporation 1285-G - Industrial Materials Recycling Program.

§ 1285-g. Industrial materials recycling program. 1. Applicability. It is  the  purpose  of  this  section  to  establish  a program within the corporation to  encourage  the  reduction,  recovery  and  recycling  of industrial materials otherwise requiring disposal.   2.  Definitions.  When  used  in  this section, unless another meaning clearly appears from its context:   a. "Hazardous waste" means a  waste  which  appears  on  the  list  or satisfied  the criteria promulgated by the commissioner of environmental conservation  pursuant  to  section   27-0903   of   the   environmental conservation law and until, but not after, the promulgation of such list and  criteria  means  a waste or combination of wastes, which because of its  quality,  concentration,  or  physical,  chemical   or   infectious characteristics may:  (i)  cause, or significantly contribute to an increase in mortality or an  increase  in  serious  irreversible,  or  incapacitating  reversible illness; or  (ii) pose a substantial present or potential hazard to human health or the  environment  when improperly treated, stored, transported, disposed or otherwise managed.   b. "Industrial solid waste" means any garbage, refuse, sludge  from  a waste  treatment  plant,  or  air  pollution control facility, and other discarded material,  including  solid,  liquid,  semisolid,  mining  and agricultural  operations  as  a  result  of  a  commercial or industrial process but does not include solid or  dissolved  material  in  domestic sewage,  or  solid  or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to  permits  under article  seventeen  of  the  environmental  conservation law, or source, special nuclear or by-product material as defined in the  Atomic  Energy Act of 1954, as amended except as may be provided by existing agreements between the state of New York and the government of the United States.   c.  "Industrial  material"  means hazardous waste and industrial solid waste.   d. "Recovery and recycling" means any method or technique utilized  to separate,   process,   modify,  convert,  treat,  or  otherwise  prepare industrial materials so that component materials or  substances  may  be used as raw materials or energy sources.   e.  "Person"  means  an  individual, trust, firm, joint stock company, corporation   (including   a   government   corporation),   partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.   f.  "Generator"  means  a  person  whose industrial activities produce industrial material.   3. Industrial materials recycling program. a.  The  corporation  shall undertake  and  be  responsible  for  a  program to encourage industrial materials reduction, recovery and recycling as hereinafter provided. The corporation shall give first  priority  in  such  program  to  hazardous wastes in order to reduce risks to public health and the environment.   b.  Such  program  shall  include  but not be limited to the following activities:   i.  Planning  including  compilation  of,  research  and   development information  on industrial methods, technologies and practices that will result in the reduction, recovery or recycling of industrial materials.   ii. Investigation and research into market potential  and  feasibility for increased utilization of recovered or recycled industrial materials.   iii.  Collection,  development and maintenance of data on existing and projected production of industrial materials.    iv. Review and analysis of existing industrial  methods,  technologies and practices relating to the generation, use and disposal of industrial materials.   v.  Development and maintenance of a technical reference capability on industrial  materials  reduction,  recovery   and   recycling   methods, technologies  and  practices including appropriate information available for public and private use.   vi. Encouragement and assistance, within the resources  available,  to generators  and  users  of industrial materials and to municipalities to reduce, recover or recycle industrial  materials,  as  is  feasible  and appropriate.   vii.  Establishment  and  maintenance of an information clearing house which shall consist of an ongoing record of industrial  materials  which may  be  recycled  or  recovered.  Such record shall include, but is not limited to,  the  information  that  is  provided  in  manifest  reports required  pursuant  to section 27-0905 of the environmental conservation law, except that  no  information  including  the  identities  or  other identifying  information of the individual generators shall be disclosed without the express written consent of the  applicable  generators.  The corporation  shall make this information available to persons who desire to recycle or recover industrial materials.  The  information  shall  be made  available  in such a manner as to protect the trade secrets of the generators. Information submitted to the clearing  house  shall  not  be subject  to disclosure under the freedom of information law as set forth in article six of the public officers law.   viii. Preparation and the continuous update when appropriate of a list of industrial materials which the corporation finds are economically and technically feasible to recycle  or  recover.  Each  material  shall  be categorized  according  to  the  degree  of  difficulty  and the kind of difficulty encountered in recycling or recovery of that material.   ix. Preparation, in  conjunction  with  industry,  of  a  handbook  on recovery  and  recycling  to  be  made  available to all industries upon request.   x. Coordinate with existing regional entities, public or  private,  to encourage participation in all elements of the program.   c.  The corporation shall coordinate its activities under this section with the department of environmental conservation with such department's responsibilities pursuant to title four of article twenty-seven  of  the environmental conservation law.   d.  The corporation may enter into contracts with private entities for the purpose of having such  entities  undertake  activities  called  for under this section.   4.  Trade  secrets;  confidentiality.  a. The corporation shall ensure that any trade secrets or other  proprietary  or  confidential  data  or information  of  a  personal nature, required to be utilized pursuant to this section, shall be utilized by the corporation  in  connection  with its  respective responsibilities pursuant to this section, and that such trade secrets and other proprietary or confidential data or  information are  not  otherwise  disseminated  without  the  express  consent of the generator furnishing such information.   b.  For  the  purposes  of  this  section,  trade  secrets  and  other proprietary or confidential data or information may include, but are not limited  to,  any  formula,  plan,  pattern,  process,  tool, mechanism, compound, procedure, customer lists, production data, or compilation  of information  within a commercial concern which is using it to fabricate, produce or compound an article of trade  or  service  having  commercial value,  and  which  gives its owner or authorized user an opportunity to  obtain a business advantage over competitors who do  not  know,  use  or have access to such data and information.   c.  For  the purposes of this section, due to the unique nature of the program, any generator who claims that specified data or information  to be  utilized  pursuant to any requirement of this section contains trade secrets or other proprietary or confidential data or  information  of  a personal  nature may set forth such claims in writing to the corporation for  the  protection  of  trade  secrets  afforded  pursuant   to   this subdivision.  Such  information shall not be subject to disclosure under the freedom of information law as set forth in article six of the public officers law.   d. The corporation shall have  rules  of  conduct  for  employees  and contractors  of  the  corporation  involved  in the design, development, operation  and  maintenance  of  any  trade  secret  record-keeping  and instruct each such employee or contractor with respect to such rules and the  requirements  of  this  subdivision  including  any other rules and procedures adopted pursuant  to  this  section  and  the  penalties  for noncompliance.   e.  The  corporation shall have appropriate administrative, technical, and physical safeguards to insure the security  and  confidentiality  of trade  secret  information  and  records  and  to  protect  against  any anticipated threats to their security or integrity which could result in their unauthorized disclosure.   5. Improper disclosure  of  trade  secrets  or  other  proprietary  or confidential  data  or  information  of  a  personal nature. No officer, employee or contractor of the corporation shall  intentionally  publish, divulge,  disclose  or  make  known in a manner not authorized under the provisions of this section any trade  secret  or  other  proprietary  or confidential  data  or information of a personal nature available to him in the  course  of  his  employment.  Any  such  official,  employee  or contractor  who  violates  the  provisions  of this subdivision shall be liable for a civil penalty not  to  exceed  five  thousand  dollars.  In addition,  any  official or employee who violates the provisions of this subdivision may be dismissed from his office or employment.   6. Report to the legislature. The chairman of the  corporation  shall, not  later  than  twelve months after the enactment date of this section and annually thereafter, prepare and submit a report on  the  status  of the  reduction,  recycling  and  recovery  of  industrial  materials  as facilitated by the provisions of this section to the  governor  and  the legislature.  In addition, such report shall include, but not be limited to  the  quantities,  composition  and  disposition  of  hazardous waste generated by region in the preceding year and the listing of such wastes feasible to recycle and recover developed pursuant to this section.  The chairman  of  the corporation shall also report on the scope, status and efficacy  of  the  program,  including  the  small  quantity   generator hazardous   waste   audit  program,  and  specific  recommendations  for continuation of the program;  provided,  however,  such  chairman  shall withhold  information  on  the source or nature of particular industrial materials in such a manner as to protect trade secrets  or  confidential information of the generators.   7.  Small  quantity  generator  hazardous  waste audit program. a. The corporation shall establish and be  responsible  for  a  small  quantity generator  hazardous waste audit program. To carry out such program, the corporation is authorized to obtain the services, as necessary, of waste management specialists to conduct waste  audits  at  the  facilities  of hazardous  waste  generators  that  have produced less then one thousand kilograms of hazardous waste in each of the past twelve calendar months. The purpose of  such  audits  shall  be  to  provide  on-site  technical  assistance  to  aid  such  generators in complying with New York state's hazardous waste regulations and to identify and evaluate  the  potential for  reducing the amount and/or toxicity of hazardous waste generated at such facilities.   b.  Waste  audits  conducted pursuant to this subdivision may include, but need not be limited to:  (i) identification of all hazardous wastes generated at the facility;  (ii) identification of the regulatory requirements associated with the storage, treatment, or disposal of all hazardous wastes generated at the facility;  (iii) identification of any methodologies,  processes,  equipment,  or production changes which could be utilized by the facility to reduce the amount or toxicity of hazardous wastes generated at the facility;  (iv)  identification  of  any  on-site  recycling  or  waste treatment technologies which could be utilized to reduce the amount or toxicity of hazardous wastes disposed of by the facility; and  (v) identification  of  any  potential  markets  for  hazardous  waste generated by the facility, including the use of waste exchange markets.   c.  The  corporation  shall  establish  by  rule  and regulation, upon consultation with the director of the budget, a sliding fee schedule  to offset  the  costs  of  conducting  on-site  audits.  The  fee  schedule established pursuant to  this  section  shall  be  intended  to  provide revenues sufficient to meet solely the costs incurred by the corporation in  performing  such  audits,  provided  that  the  corporation  may use technical assistance grants it receives  from  the  federal  government, private  foundations,  or other institutions to reduce or eliminate fees charged generators for performing such audits, and further provided that monies appropriated to the corporation to carry out the purposes of this subdivision shall not be used to provide financial assistance  to  waste generators  for  the  purchase  of  manufacturing  plants  or equipment, property, real or otherwise, engineering or legal services, or any other cost incident to the actual  implementation  of  a  waste  reduction  or management  project.  The  chairman of the corporation is authorized and directed to deposit all monies received in payment of  fees  under  this subdivision in an account within the miscellaneous special revenue fund.   d.  Any  person  receiving audit services pursuant to this subdivision shall, within ninety days of the completion of such audit, submit to the corporation a description  of  the  steps  it  will  take,  if  any,  to implement  any  recommended  waste  reduction,  recycling,  or treatment strategies identified in such audit.   e. In implementing the small quantity generator hazardous waste  audit program, the corporation is authorized to:  (i)  hire  or  contract  with an appropriate number of hazardous waste management specialists to conduct on-site waste audits;  (ii) employ such public information  methods  as  are  appropriate  to identify and inform eligible hazardous waste generators of the existence of the waste audit program;  (iii)  establish  a  small  quantity  generator  hazardous waste audit program application consistent with  the  policies  and  goals  of  this section; and  (iv)  establish  by  rule  and  regulation  a small quantity generator hazardous  waste  audit   program   application   evaluation   procedure consistent with the policies and goals of this section.