NY Env Conserv L § 27-0913 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 9 - Industrial Hazardous Waste Management 27-0913 - Permits and Registrations for Storage, Transportation, Treatment, or Disposal of Hazardous Wastes.

§ 27-0913. Permits   and   registrations  for  storage,  transportation,              treatment, or disposal of hazardous wastes.   1. a. No person shall  engage  in  storage,  treatment,  or  disposal, including storage at the site of generation, of hazardous wastes without first  having obtained a permit pursuant to title seven of this article. Such permits  shall  require  corrective  action,  including  corrective action  beyond  the  facility  boundary where necessary to protect human health and the environment, for  all  releases  of  hazardous  waste  or constituents  from  any  solid  waste  management  unit  at  a permitted treatment, storage or disposal facility, regardless of the time at which waste was placed in such unit, and shall contain schedules of compliance for such corrective  action  where  such  corrective  action  cannot  be completed prior to issuance of the permit.   b.  Where  appropriate and consistent with the provisions of RCRA, the commissioner may by regulation provide for interim status for  hazardous waste  treatment,  storage  or  disposal facilities. Such regulation may include, but shall not be limited to, termination provisions, corrective action provisions and requirements for modification of  such  facilities as  may  be  necessary  to protect human health and the environment. The condition of interim status shall not be deemed to be  a  permit  within subdivision  four  of  section 70-0105 of this chapter, and shall not be deemed to be a license within subdivision four of  section  one  hundred two of the state administrative procedure act.   2.  No  person  shall engage in the transportation of hazardous wastes without first complying with the requirements of  title  three  of  this article.   3.  The  commissioner  shall assure that permits authorizing hazardous waste treatment, storage, disposal or transportation are not  issued  to nor  held  by  unqualified  or  unsuitable  persons.  To effectuate this purpose,  and  in  addition  to  any  other   available   grounds,   the commissioner may, consistent with the policies of article 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   treatment,   storage,  disposal  or transportation of hazardous waste, after  determining  in  writing  that such action is required to protect the public health and safety. Some of the  factors  which  the  commissioner  may  consider in arriving at his determination include the following:   a.  The  permit  holder  or  applicant  has  been  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, the condition of any permit  issued  thereunder,  or  any  similar  statute, regulation,  order  or  permit  condition  of the federal or other state government.   b. Such permit holder or applicant has been denied a  permit  for  the same  or  substantially  similar  activity based upon one or more of the provisions of this subdivision, or a similar  provision  of  federal  or other state law.   c.  Such  permit  holder  or  applicant  has  been  found  in  a civil proceeding to have committed a negligent or intentionally tortious  act, or  has  been  convicted  in  a  criminal  proceeding  of a criminal act involving the handling, storing,  treating,  disposing  or  transporting hazardous waste.   d.  Such  permit  holder or applicant has been convicted of a criminal offense under the laws of any  state  or  of  the  United  States  which involves a violent felony offense, fraud, bribery, perjury, theft, or an  offense  against  public  administration as that term is used in article one hundred ninety-five of the penal law.   e.  Such  permit  holder  or  applicant  has  in any matter within the jurisdiction of  the  department  knowingly  falsified  or  concealed  a material fact or knowingly submitted a false statement or made use of or made  a  false  statement  on  or  in  connection  with  any document or application submitted to the department.   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;  (ii)  a  corporation,  partnership,  association, 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, and "substantial interest" shall be defined in  regulations  promulgated by the commissioner.   4.  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  two  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.   5. Any person denied a permit, renewal or modification on the  grounds specified  in  this  subdivision  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 an existing permit. The conduct of such hearing shall be governed by  article  seventy  of  this chapter and regulations promulgated thereunder.   6.  It shall be a condition of any permit issued under title 7 of this article for the treatment, storage or disposal of hazardous waste on the premises where such waste is generated that the  permittee  certify,  in its annual report, that:   a.  the  generator  has  in  place  a  program to reduce the volume or quantity and toxicity of hazardous wastes to the  degree  determined  by the  generator  to  be economically practicable or, if a hazardous waste reduction plan is required by and reviewable under  section  27-0908  of this title, a program that meets the requirements of that section; and   b.  the  method  of treatment, storage or disposal is that practicable method currently available to the generator which minimizes present  and future threats to human health and the environment.