§ 27-0913 — Permits and registrations for storage, transportation, treatment, or disposal of hazardous wastes

§ 27-0913. Permits and registrations for storage, transportation,\n treatment, or disposal of hazardous wastes.\n 1. a. No person shall engage in storage, treatment, or disposal,\nincluding storage at the site of generation, of hazardous wastes without\nfirst having obtained a permit pursuant to title seven of this article.\nSuch permits shall require corrective action, including corrective\naction beyond the facility boundary where necessary to protect human\nhealth and the environment, for all releases of hazardous waste or\nconstituents from any solid waste management unit at a permitted\ntreatment, storage or disposal facility, regardless of the time at which\nwaste was placed in such unit, and shall contain schedules of compliance\nfor such corrective action where such corrective action cannot be\ncompleted prior to issuance of the permit.\n b. Where appropriate and consistent with the provisions of RCRA, the\ncommissioner may by regulation provide for interim status for hazardous\nwaste treatment, storage or disposal facilities. Such regulation may\ninclude, but shall not be limited to, termination provisions, corrective\naction provisions and requirements for modification of such facilities\nas may be necessary to protect human health and the environment. The\ncondition of interim status shall not be deemed to be a permit within\nsubdivision four of section 70-0105 of this chapter, and shall not be\ndeemed to be a license within subdivision four of section one hundred\ntwo of the state administrative procedure act.\n 2. No person shall engage in the transportation of hazardous wastes\nwithout first complying with the requirements of title three of this\narticle.\n 3. The commissioner shall assure that permits authorizing hazardous\nwaste treatment, storage, disposal or transportation are not issued to\nnor held by unqualified or unsuitable persons. To effectuate this\npurpose, and in addition to any other available grounds, the\ncommissioner may, consistent with the policies of article twenty-three-A\nof the correction law and the provisions of section 70-0115 of this\nchapter, deny, suspend, revoke or modify any permit, renewal or\nmodification thereto for the treatment, storage, disposal or\ntransportation of hazardous waste, after determining in writing that\nsuch action is required to protect the public health and safety. Some of\nthe factors which the commissioner may consider in arriving at his\ndetermination include the following:\n a. The permit holder or applicant has been determined in an\nadministrative, civil or criminal proceeding to have violated any\nprovision of this article, any related order or determination of the\ncommissioner, any regulation promulgated pursuant to this article, the\ncondition of any permit issued thereunder, or any similar statute,\nregulation, order or permit condition of the federal or other state\ngovernment.\n b. Such permit holder or applicant has been denied a permit for the\nsame or substantially similar activity based upon one or more of the\nprovisions of this subdivision, or a similar provision of federal or\nother state law.\n c. Such permit holder or applicant has been found in a civil\nproceeding to have committed a negligent or intentionally tortious act,\nor has been convicted in a criminal proceeding of a criminal act\ninvolving the handling, storing, treating, disposing or transporting\nhazardous waste.\n d. Such permit holder or applicant has been convicted of a criminal\noffense under the laws of any state or of the United States which\ninvolves a violent felony offense, fraud, bribery, perjury, theft, or an\noffense against public administration as that term is used in article\none hundred ninety-five of the penal law.\n e. Such permit holder or applicant has in any matter within the\njurisdiction of the department knowingly falsified or concealed a\nmaterial fact or knowingly submitted a false statement or made use of or\nmade a false statement on or in connection with any document or\napplication submitted to the department.\n f. Such permit holder or applicant is either:\n (i) an individual who had a substantial interest in or acted as a high\nmanagerial agent or director for any corporation, partnership,\nassociation or organization which committed an act or failed to act, and\nsuch act or failure to act could be the basis for the denial of a permit\npursuant to this section or regulations promulgated thereunder if such\ncorporation, partnership, association or organization applied for a\npermit under this title;\n (ii) a corporation, partnership, association, organization, or any\nprincipal thereof, or any person holding a substantial interest therein,\nwhich committed an act or failed to act, and such act or failure to act\ncould be the basis for the denial of a permit pursuant to this section\nor regulations promulgated thereunder if such corporation, partnership,\nassociation or organization applied for a permit under this title; or\n (iii) a corporation, partnership, association or organization or any\nhigh managerial agent or director thereof, or any person holding a\nsubstantial interest therein, acting as high managerial agent or\ndirector for or holding a substantial interest in another corporation,\npartnership, association or organization which committed an act or\nfailed to act, and such act or failure to act could be the basis for the\ndenial of a permit pursuant to this section or regulations promulgated\nthereunder had such other corporation, partnership, association or\norganization applied for a permit under this title.\n For the purposes of this subdivision, "high managerial agent" has the\nsame meaning as is given that term in section 20.20 of the penal law,\nand "substantial interest" shall be defined in regulations promulgated\nby the commissioner.\n 4. Any act or failure to act which serves as a basis for denial or\nrevocation of a permit pursuant to this subdivision shall have occurred\nwithin two years from the date on which the application for a permit,\nrenewal or modification is submitted to the department or from the date\non which the department serves notice of intent to revoke or modify a\npermit issued by the department in relation to an existing permit.\n 5. Any person denied a permit, renewal or modification on the grounds\nspecified in this subdivision shall be entitled to a hearing within\nsixty days of such denial in the case of a new permit, or within fifteen\ndays in the case of a renewal or modification of an existing permit. The\nconduct of such hearing shall be governed by article seventy of this\nchapter and regulations promulgated thereunder.\n 6. It shall be a condition of any permit issued under title 7 of this\narticle for the treatment, storage or disposal of hazardous waste on the\npremises where such waste is generated that the permittee certify, in\nits annual report, that:\n a. the generator has in place a program to reduce the volume or\nquantity and toxicity of hazardous wastes to the degree determined by\nthe generator to be economically practicable or, if a hazardous waste\nreduction plan is required by and reviewable under section 27-0908 of\nthis title, a program that meets the requirements of that section; and\n b. the method of treatment, storage or disposal is that practicable\nmethod currently available to the generator which minimizes present and\nfuture threats to human health and the environment.\n