§ 27-1517 — Permits for storage, transportation, treatment or disposal of regulated medical waste

§ 27-1517. Permits for storage, transportation, treatment or disposal of\n regulated medical waste.\n 1. In order to assure that permits authorizing the storage,\ntransportation, treatment or disposal of regulated medical waste are not\nissued to or held by unqualified or unsuitable persons, the commissioner\nmay, consistent with articles twenty-three and twenty-three-a of the\ncorrection law, and the provisions of section 70-0115 of this chapter,\ndeny, suspend, revoke or modify any permit, renewal or modification\nthereto for the storage, transportation, treatment or disposal of\nregulated medical waste, upon a written determination that such action\nis required to protect the public health and safety and that:\n a. The permit holder or applicant has been finally 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, a\nmaterial condition of any permit issued thereunder, or of any\nsubstantially similar statute, regulation, order or permit condition of\nthe federal or other state government relating to the handling, storing,\ntreating, disposing or transporting of solid, hazardous, infectious,\nmedical or regulated medical waste; or\n b. Such permit holder or applicant has been previously denied a permit\nfor the same or substantially similar activity based upon one or more of\nthe provisions of this subdivision; or\n c. Such permit holder or applicant has been found in a civil\nproceeding to have committed a negligent or intentionally tortious act\nin relation to the handling, storing, treating, disposing or\ntransporting of solid, hazardous, infectious, medical or regulated\nmedical waste, or has been convicted in a criminal proceeding of a crime\ninvolving the handling, storing, treating, disposing or transporting of\nsolid, hazardous, infectious, medical or regulated medical waste,\nprovided, however, that where such conviction is of a criminal offense\nunder the laws of any other state or of the United States, such offense\nwould constitute a crime under the laws of this state; or\n d. Such permit holder has been convicted of a felony under the laws of\nthis state involving fraud, bribery, perjury, or theft, or has been\nconvicted under the laws of any other state or of the United States of a\ncriminal offense which, if committed and prosecuted in this state, would\nconstitute a similar felony under such laws of this state.\n e. Such permit holder or applicant, in any matter within the\njurisdiction of the department, has been determined to have knowingly\nfalsified a material fact, or knowingly submitted a false statement, or\nknowingly made use of a false statement in connection with any document\nor application submitted to the department; or\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; or\n (ii) a corporation, partnership, association, or 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.\n 2. 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 five 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 3. Any person denied a permit, renewal or modification on the grounds\nspecified in this section shall be entitled to a hearing within sixty\ndays of such denial in the case of a new permit, or within fifteen days\nin the case of a renewal or modification of any existing permit. The\nconduct of such hearing shall be governed by article 70 of this chapter\nand regulations promulgated thereunder.\n