New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.33 - Executive order no. 33: directing the commissioner of environmental conservation to conduct an industrial chemical survey

Current through Register Vol. 46, No. 28, July 10, 2024
Sound pollution control and emergency preparedness policies
					 depend on the knowledge of industrial hazardous waste disposal practices. A
					 comprehensive mechanism is needed to determine the types and amounts of
					 chemical raw materials that are used, stored, manufactured and transported by
					 industries that operate in the State. While the current "cradle-to-grave"
					 manifest system, implemented by chapter six hundred thirty-nine of the laws of
					 nineteen hundred seventy-eight, is designed to track present and future
					 disposal of hazardous wastes, no systematic industrial survey has been
					 undertaken to ascertain industry's hazardous waste disposal practices over the
					 past thirty years.
It is therefore the purpose of this Order to coordinate the
					 practices of the Department of Environmental Conservation in furtherance of an
					 industrial chemical survey to be conducted on an on-going basis. This survey
					 will provide complete information on the types and amounts of potentially toxic
					 raw materials used, stored, manufactured or transported in this State. Such a
					 survey is a necessary and desirable component for successful pollution control
					 and emergency preparedness programs.
It is further intended that the department shall conduct a
					 one-year study of waste disposal activities by industries operating in the
					 State during the past thirty years. This past disposal practices survey will
					 determine the types, quantities and locations of hazardous wastes previously
					 disposed of by industries in the State. This survey will inform citizens and
					 local authorities of any dangers posed by chemical dumps in their
					 communities.
THEREFORE, I, Mario M. Cuomo, Governor of the State of New
					 York, by virtue of the powers vested in me by the Constitution and Laws of the
					 State of New York, do hereby promulgate this Order:
1. The Commissioner of Environmental
				  Conservation is directed to conduct an industrial chemical survey to be a
				  component of the Department of Environmental Conservation's on-going efforts to
				  insure safe use and proper disposal of potentially toxic chemicals in the
				  State. Such survey shall be conducted for the purpose of gathering information
				  on the types and quantities of chemical raw materials used, stored,
				  manufactured or transported in this State, which are on the Department's
				  substances of concern list. Within ninety days of the date of this Order, the
				  Commissioner shall develop the industrial chemical survey and distribute it to
				  all facilities in the State which fall into the categories listed in section
				  two of this Order.
2. The survey
				  shall be completed by facilities in the State designated by the Commissioner,
				  including, but not limited to, those facilities in the following categories:
(a) all facilities in the twenty-one standard
				  industrial classification categories designated under the United States
				  Environmental Protection Agency's "priority pollutant" control
				  program;
(b) all facilities which
				  hold or apply for a national pollution discharge elimination system discharge
				  permit;
(c) all facilities which
				  hold or apply for discharge permits pursuant to Title seven and eight of
				  Article seventeen of the Environmental Conservation Law;
(d) all facilities which discharge effluents
				  into wastewater collections systems; and
(e) all solid waste management facilities
				  which hold or apply for permits or are regulated pursuant to section 27-0707  of
				  the Environmental Conservation Law.