NY Env Conserv L § 27-1907 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 19 - Waste Tire Management and Recycling 27-1907 - Abatement of Noncompliant Waste Tire Stockpiles.

§ 27-1907. Abatement of noncompliant waste tire stockpiles.1.  No  later than one year from the effective date of this title, the   department shall prepare and submit to the governor and the  legislature   a  comprehensive  plan  designed  to  abate  all noncompliant waste tire   stockpiles by December thirty-first, two thousand ten. This  plan  shall   establish  a  noncompliant  waste tire stockpile abatement priority list   and schedule for abatement of each  noncompliant  waste  tire  stockpile   based  on  potential  adverse  impacts  upon  public  health,  safety or   welfare, the environment, or natural  resources.  The  plan  shall  also   include a census of compliant and non-compliant waste tire stockpiles in   the  state  and  the number of waste tires believed to be stored at each   site.2. The owner or operator of a noncompliant waste tire stockpile shall,   at the department's request, submit to and/or cooperate with any and all   remedial measures necessary for the abatement of noncompliant waste tire   stockpiles with  funds  from  the  waste  management  and  cleanup  fund   pursuant to section ninety-two-bb of the state finance law.3.  No later than two years from the effective date of this title, the   department shall publish requests for proposals to seek  contractors  to   prepare  whole  and  mechanically  processed  waste  tires  situated  at   noncompliant waste tire stockpiles for arrangement  in  accordance  with   fire  safety  requirements  and  for removal for appropriate processing,   recycling or beneficial use. Disposal will be considered only as a  last   option.  The  expenses  of  remedial  and  fire  safety  activities at a   noncompliant waste tire stockpile shall be paid by the person or persons   who owned, operated or maintained the noncompliant waste tire stockpile,   or from the waste management and  cleanup  fund  and  shall  be  a  debt   recoverable  by  the  state  from  all  persons  who  owned, operated or   maintained the noncompliant waste tire stockpile, and a lien and  charge   may  be  placed  on  the premises upon which the noncompliant waste tire   stockpile  is  maintained  and  upon  any  real  or  personal  property,   equipment, vehicles, and inventory controlled by such person or persons.   Moneys  recovered shall be paid to the waste management and cleanup fund   established pursuant to section ninety-two-bb of the state finance law.4. If execution upon a judgment for the recovery of  the  expenses  of   any  such  remedial  and  fire safety activities at a noncompliant waste   tire  stockpile  is  returned  wholly  or  partially  unsatisfied,  such   judgment,  if docketed in the place and manner required by law to make a   judgment of a court of record a lien upon  real  property,  shall  be  a   first  lien  upon  such premises, having preference over all other liens   and encumbrances whatever.  Notwithstanding  the  foregoing,  such  lien   shall not have preference over any mortgage or other encumbrance for the   benefit  of  the  state  of  New  York  or  a public benefit corporation   thereof.5. The department shall make all reasonable  efforts  to  recover  the   full  amount of any funds expended from the waste management and cleanup   fund for abatement or  remediation  through  litigation  or  cooperative   agreements.  Any and all moneys recovered, repaid or reimbursed pursuant   to this section shall be deposited with the comptroller and credited  to   such fund.6. The department shall have authority to enter all noncompliant waste   tire stockpiles for the purpose of investigation and abatement.