NY Env Conserv L § 27-1319 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 13 - Inactive Hazardous Waste Disposal Sites 27-1319 - State Superfund Management Board.

§ 27-1319. State superfund management board.1.  a.  There  is  hereby  created  within  the  department the "state   superfund management board" hereinafter referred to as the  board.  Such   board  shall consist of fourteen members, including the commissioners of   environmental conservation and health, or their designees, and twelve at   large members appointed by the governor, two of whom shall be  appointed   upon  recommendation of the temporary president of the senate and two of   whom shall be appointed  upon  recommendation  of  the  speaker  of  the   assembly,  one  of  whom  shall  be appointed upon recommendation of the   minority leader of the senate and one of whom shall  be  appointed  upon   recommendation  of  the  minority  leader  of  the assembly, and, of the   remaining six, two shall live within a municipality within which  exists   an  inactive  hazardous  waste  site,  or  sites,  as listed pursuant to   section 27-1305 of this title, and have been  involved  in  a  citizen's   organization  that  has  a  purpose relating to the site or sites within   that municipality, two shall be representatives of  organizations  whose   prime function is the protection of natural resources and enhancement of   the  environmental quality of the state and two shall be representatives   of industries that generate hazardous waste in the state.  None  of  the   members  appointed by the governor shall be officers or employees of any   state department or agency and each shall be, by  professional  training   or experience and attainment, qualified to analyze and interpret matters   pertaining to hazardous waste management and the remediation of inactive   hazardous waste disposal sites.b.  No  at  large  member  of  the  board  may  appoint  a designee to   temporarily or permanently assume his place on the board.2. a. The commissioner of environmental conservation  shall  serve  as   chairman  of  the  board  and the board shall elect a vice chairman from   among the appointed members to preside in the absence of the chairman.b. Of the twelve at large members  appointed  by  the  governor,  each   shall  be  reaffirmed  or  reappointed on January thirty-first, nineteen   hundred ninety-one and every two years thereafter and  each  shall  hold   office  until  such  time  as the board shall cease to exist or until he   shall resign or be removed in the manner provided by law. Any vacancy on   the board shall be filled by appointment pursuant to subdivision one  of   this section for the unexpired balance of the term.3. The members of the board shall serve without compensation for their   services  as  members  of  the  board, except that each of them shall be   allowed the necessary and actual expenses which he shall  incur  in  the   performance of his duties under this section.4. The board shall have the power, duty and responsibility to:a.  Serve  as  a  working  forum  for the exchange of views, concerns,   ideas, information  and  recommendations  relating  to  hazardous  waste   management  and  the  remediation  of  inactive hazardous waste disposal   sites.b. Request and receive from the department  at  each  meeting  of  the   board  any  portions of the plan or any revisions, amendments or changes   available for review, and any supporting documents  or  other  pertinent   data.  All  information requested by or provided to the board shall also   be provided to the temporary president of the senate, the speaker of the   assembly, and the chairman of  the  senate  and  assembly  environmental   conservation committees.c.  Compel  the  attendance  at  each  meeting  of  the  board of such   personnel of the department, or of other appropriate  state  departments   or  agencies, as may reasonably be expected to supply any pertinent data   the board may request.d. Monitor and review the implementation  of  the  inactive  hazardous   waste  site  remediation  program  and the policies, program objectives,    methods, and strategies outlined in the plan, the annual  implementation   status  report,  any  plan  update, the registry, and the quarterly site   status reports by the department, as well as information which the board   may acquire from other sources.e.  Review  the  hazardous  waste  site  remediation  remaining  to be   completed under the state inactive  hazardous  waste  remedial  plan  as   updated,  the  estimate  of  the  costs  which  would be incurred in the   completion of this remediation, the schedule under which the costs  will   be incurred, the revenues and resources expected to be available to meet   these costs.f.  Review and evaluate the municipal cost sharing program established   pursuant to paragraph g of subdivision five of section 27-1313  of  this   title  and review the appropriate state and industry contribution to the   inactive hazardous waste site remedial program.g.  Based  upon  its  monitoring,  reviewing  and  other   information   available  to  it,  the  board  shall  report to the governor and to the   legislature on or before January first of each year  its  assessment  of   the  implementation  of  the  remediation  program,  together  with  its   comments, suggestions, and recommendations regarding  the  program,  its   implementation,  available funding and resources, and the need for steps   to assure the future availability of funding.5. a. The board shall:1. Meet at least quarterly;2. Keep a record of all its proceedings and provide such record to the   public upon request; and3. Determine the rules of its own procedures.b. Seven members of the  board  shall  constitute  a  quorum  for  the   transaction of any business of the board.6.  Staff services, including recording of board proceedings, shall be   performed by personnel of the department, or such state  departments  or   other agencies as the chairman deems appropriate or desirable.7. For the purposes of this section, the at large members of the board   shall  be  considered officers or employees of public entities and shall   be afforded  such  defense  and  indemnification  provided  pursuant  to   section eighteen of the public officers law.8.  The  board  shall cease to exist on the thirty-first day of March,   nineteen hundred ninety-nine.