§ 27-1319 — State superfund management board

New York § 27-1319

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 13: Inactive Hazardous Waste Disposal Sites
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-1319. State superfund management board.\n 1. a. There is hereby created within the department the "state\nsuperfund management board" hereinafter referred to as the board. Such\nboard shall consist of fourteen members, including the commissioners of\nenvironmental conservation and health, or their designees, and twelve at\nlarge members appointed by the governor, two of whom shall be appointed\nupon recommendation of the temporary president of the senate and two of\nwhom shall be appointed upon recommendation of the speaker of the\nassembly, one of whom shall be appointed upon recommendation of the\nminority leader of the senate and one of whom shall be appointed upon\nrecommendation of the minority leader of the assembly, and, of the\nremaining six, two shall live within a municipality within which exists\nan inactive hazardous waste site, or sites, as listed pursuant to\nsection 27-1305 of this title, and have been involved in a citizen's\norganization that has a purpose relating to the site or sites within\nthat municipality, two shall be representatives of organizations whose\nprime function is the protection of natural resources and enhancement of\nthe environmental quality of the state and two shall be representatives\nof industries that generate hazardous waste in the state. None of the\nmembers appointed by the governor shall be officers or employees of any\nstate department or agency and each shall be, by professional training\nor experience and attainment, qualified to analyze and interpret matters\npertaining to hazardous waste management and the remediation of inactive\nhazardous waste disposal sites.\n b. No at large member of the board may appoint a designee to\ntemporarily or permanently assume his place on the board.\n 2. a. The commissioner of environmental conservation shall serve as\nchairman of the board and the board shall elect a vice chairman from\namong the appointed members to preside in the absence of the chairman.\n b. Of the twelve at large members appointed by the governor, each\nshall be reaffirmed or reappointed on January thirty-first, nineteen\nhundred ninety-one and every two years thereafter and each shall hold\noffice until such time as the board shall cease to exist or until he\nshall resign or be removed in the manner provided by law. Any vacancy on\nthe board shall be filled by appointment pursuant to subdivision one of\nthis section for the unexpired balance of the term.\n 3. The members of the board shall serve without compensation for their\nservices as members of the board, except that each of them shall be\nallowed the necessary and actual expenses which he shall incur in the\nperformance of his duties under this section.\n 4. The board shall have the power, duty and responsibility to:\n a. Serve as a working forum for the exchange of views, concerns,\nideas, information and recommendations relating to hazardous waste\nmanagement and the remediation of inactive hazardous waste disposal\nsites.\n b. Request and receive from the department at each meeting of the\nboard any portions of the plan or any revisions, amendments or changes\navailable for review, and any supporting documents or other pertinent\ndata. All information requested by or provided to the board shall also\nbe provided to the temporary president of the senate, the speaker of the\nassembly, and the chairman of the senate and assembly environmental\nconservation committees.\n c. Compel the attendance at each meeting of the board of such\npersonnel of the department, or of other appropriate state departments\nor agencies, as may reasonably be expected to supply any pertinent data\nthe board may request.\n d. Monitor and review the implementation of the inactive hazardous\nwaste site remediation program and the policies, program objectives,\nmethods, and strategies outlined in the plan, the annual implementation\nstatus report, any plan update, the registry, and the quarterly site\nstatus reports by the department, as well as information which the board\nmay acquire from other sources.\n e. Review the hazardous waste site remediation remaining to be\ncompleted under the state inactive hazardous waste remedial plan as\nupdated, the estimate of the costs which would be incurred in the\ncompletion of this remediation, the schedule under which the costs will\nbe incurred, the revenues and resources expected to be available to meet\nthese costs.\n f. Review and evaluate the municipal cost sharing program established\npursuant to paragraph g of subdivision five of section 27-1313 of this\ntitle and review the appropriate state and industry contribution to the\ninactive hazardous waste site remedial program.\n g. Based upon its monitoring, reviewing and other information\navailable to it, the board shall report to the governor and to the\nlegislature on or before January first of each year its assessment of\nthe implementation of the remediation program, together with its\ncomments, suggestions, and recommendations regarding the program, its\nimplementation, available funding and resources, and the need for steps\nto assure the future availability of funding.\n 5. a. The board shall:\n 1. Meet at least quarterly;\n 2. Keep a record of all its proceedings and provide such record to the\npublic upon request; and\n 3. Determine the rules of its own procedures.\n b. Seven members of the board shall constitute a quorum for the\ntransaction of any business of the board.\n 6. Staff services, including recording of board proceedings, shall be\nperformed by personnel of the department, or such state departments or\nother agencies as the chairman deems appropriate or desirable.\n 7. For the purposes of this section, the at large members of the board\nshall be considered officers or employees of public entities and shall\nbe afforded such defense and indemnification provided pursuant to\nsection eighteen of the public officers law.\n 8. The board shall cease to exist on the thirty-first day of March,\nnineteen hundred ninety-nine.\n