2023 New York Laws › ENV - Environmental Conservation › Article 28 - Pollution Prevention › 28-0109 - Small Business Pollution Prevention and Environmental Compliance Assistance Program.

§ 28-0109. Small   business   pollution   prevention  and  environmental
compliance assistance program.
1. The commissioner is hereby authorized and  directed  to  establish,
develop   and  implement  a  small  business  pollution  prevention  and
environmental compliance assistance program. The purpose of such program
shall be to:
a. assist eligible businesses  to  achieve  pollution  prevention  and
improved environmental performance;
b.  assist  eligible  businesses  to comply with the provisions of and
rules adopted pursuant to this chapter; and
c. support all  environmental  and  regulatory  programs  carried  out
pursuant  to this chapter, including permitting, facility inspection and
enforcement activities. For the  purposes  of  this  section,  "eligible
business"  shall  mean  a small to medium-sized business, not-for-profit
organization or  municipality  which  employs  less  than  five  hundred
persons on a full-time basis.
2. The commissioner, after providing notice and opportunity for public
hearing,  may  exclude  from the small business pollution prevention and
environmental compliance assistance program any  category  of  regulated
entity that the commissioner determines to have sufficient technical and
financial  capabilities to meet the requirements of this chapter without
such assistance. The department may designate eligibility for assistance
based on whether an  eligible  business  has  sufficient  technical  and
financial capabilities to comply with federal and state law without such
assistance. Such determination or designation shall be based on criteria
formally  adopted  by the department as guidance or regulation therefor.
Such program shall include:
a.  the  development,  collection  and  coordination  of   information
concerning  pollution prevention and compliance methods, and programs to
encourage lawful cooperation among eligible businesses and other persons
to further comply with the provisions of this chapter;
b.  adequate  mechanisms  for  assisting  eligible   businesses   with
pollution  prevention,  environmental  compliance and accidental release
detection and prevention,  including  providing  information  concerning
alternative  technologies,  process changes, and products and methods of
operation that help to achieve pollution prevention;
c. the provision of assistance for eligible businesses in:
(i) determining applicable requirements of this chapter and rules  and
regulations promulgated pursuant thereto,
(ii) submitting complete permit applications, and
(iii)  receiving  permits  issued  by  the  department in a timely and
efficient manner;
d. adequate mechanisms for referring eligible businesses to  qualified
auditors,  or  to  the extent possible, offering eligible businesses and
responding to requests  from  eligible  businesses  for  audits  of  the
operations  of such businesses to determine compliance with this chapter
and rules and regulations promulgated pursuant thereto;
e. procedures for  offering  eligible  businesses  and  responding  to
requests  from  eligible  businesses for technical, pollution prevention
and environmental compliance assistance including, but not limited to:
(i) on-site  technical  assistance  and  consultations  regarding  the
identification  and implementation of opportunities to achieve pollution
prevention  or   enhance   compliance,   including   the   adoption   of
comprehensive  pollution  prevention  plans  or environmental management
systems;
(ii) assistance in the modification  of  any  work  practice  and  the
identification of affordable and cost effective alternative technologies
or  technological  improvements  to  achieve  pollution prevention or to

achieve compliance with or to establish compliance  procedures  pursuant
to  this chapter and rules and regulations promulgated pursuant thereto;
and
(iii)  the  establishment of a schedule of milestones for implementing
such work practice or  method  of  pollution  prevention  or  compliance
preceding  any  applicable  compliance date, based on the technology and
financial capability of such eligible business. No modification shall be
recommended unless it is in compliance with the applicable  requirements
of environmental laws;
f.  procedures  for  soliciting  input from and exchanging information
with  the  small  business  pollution   prevention   and   environmental
compliance  ombudsman  program  created  pursuant  to section 138 of the
economic development law, regarding pollution  prevention  opportunities
and compliance requirements for small businesses;
g.  adequate  mechanisms  for  the  collection  and  dissemination  of
information  to  eligible  businesses,  including  the  development   of
guidance  manuals  and the establishment of a toll-free telephone number
dedicated to answering  questions  involving  pollution  prevention  and
small business compliance;
h. procedures for assuring the confidentiality of information received
from eligible businesses;
i.  the  identification  of  individuals, firms and/or state and local
agencies with a distinctive competence in  areas  related  to  pollution
prevention   and   compliance   with   environmental   laws,  rules  and
regulations, and a demonstrated ability to  serve  eligible  businesses,
for  the  purpose of referring eligible businesses with identified needs
to consultants or agencies with relevant expertise; and
j. the provision of information on state-sponsored  programs  offering
financial  or technical assistance and on funding available from private
lenders to eligible  businesses,  and  of  aid  to  such  businesses  in
applying for financial assistance or funding.
3.  In  developing  and  implementing  the  small  business  pollution
prevention  and  environmental  compliance   assistance   program,   the
department shall consult with the pollution prevention and environmental
compliance  coordinating  council as created pursuant to section 28-0111
of this article, the environmental  facilities  corporation,  the  small
business  pollution  prevention  and  environmental compliance ombudsman
program as created pursuant to section 138 of the  economic  development
law  and  the office of waste prevention services as created pursuant to
article 14 of the economic development law.