§ 1285-G — Industrial materials recycling program

§ 1285-g. Industrial materials recycling program. 1. Applicability. It\nis the purpose of this section to establish a program within the\ncorporation to encourage the reduction, recovery and recycling of\nindustrial materials otherwise requiring disposal.\n 2. Definitions. When used in this section, unless another meaning\nclearly appears from its context:\n a. "Hazardous waste" means a waste which appears on the list or\nsatisfied the criteria promulgated by the commissioner of environmental\nconservation pursuant to section 27-0903 of the environmental\nconservation law and until, but not after, the promulgation of such list\nand criteria means a waste or combination of wastes, which because of\nits quality, concentration, or physical, chemical or infectious\ncharacteristics may:\n (i) cause, or significantly contribute to an increase in mortality or\nan increase in serious irreversible, or incapacitating reversible\nillness; or\n (ii) pose a substantial present or potential hazard to human health or\nthe environment when improperly treated, stored, transported, disposed\nor otherwise managed.\n b. "Industrial solid waste" means any garbage, refuse, sludge from a\nwaste treatment plant, or air pollution control facility, and other\ndiscarded material, including solid, liquid, semisolid, mining and\nagricultural operations as a result of a commercial or industrial\nprocess but does not include solid or dissolved material in domestic\nsewage, or solid or dissolved materials in irrigation return flows or\nindustrial discharges which are point sources subject to permits under\narticle seventeen of the environmental conservation law, or source,\nspecial nuclear or by-product material as defined in the Atomic Energy\nAct of 1954, as amended except as may be provided by existing agreements\nbetween the state of New York and the government of the United States.\n c. "Industrial material" means hazardous waste and industrial solid\nwaste.\n d. "Recovery and recycling" means any method or technique utilized to\nseparate, process, modify, convert, treat, or otherwise prepare\nindustrial materials so that component materials or substances may be\nused as raw materials or energy sources.\n e. "Person" means an individual, trust, firm, joint stock company,\ncorporation (including a government corporation), partnership,\nassociation, state, municipality, commission, political subdivision of a\nstate, or any interstate body.\n f. "Generator" means a person whose industrial activities produce\nindustrial material.\n 3. Industrial materials recycling program. a. The corporation shall\nundertake and be responsible for a program to encourage industrial\nmaterials reduction, recovery and recycling as hereinafter provided. The\ncorporation shall give first priority in such program to hazardous\nwastes in order to reduce risks to public health and the environment.\n b. Such program shall include but not be limited to the following\nactivities:\n i. Planning including compilation of, research and development\ninformation on industrial methods, technologies and practices that will\nresult in the reduction, recovery or recycling of industrial materials.\n ii. Investigation and research into market potential and feasibility\nfor increased utilization of recovered or recycled industrial materials.\n iii. Collection, development and maintenance of data on existing and\nprojected production of industrial materials.\n iv. Review and analysis of existing industrial methods, technologies\nand practices relating to the generation, use and disposal of industrial\nmaterials.\n v. Development and maintenance of a technical reference capability on\nindustrial materials reduction, recovery and recycling methods,\ntechnologies and practices including appropriate information available\nfor public and private use.\n vi. Encouragement and assistance, within the resources available, to\ngenerators and users of industrial materials and to municipalities to\nreduce, recover or recycle industrial materials, as is feasible and\nappropriate.\n vii. Establishment and maintenance of an information clearing house\nwhich shall consist of an ongoing record of industrial materials which\nmay be recycled or recovered. Such record shall include, but is not\nlimited to, the information that is provided in manifest reports\nrequired pursuant to section 27-0905 of the environmental conservation\nlaw, except that no information including the identities or other\nidentifying information of the individual generators shall be disclosed\nwithout the express written consent of the applicable generators. The\ncorporation shall make this information available to persons who desire\nto recycle or recover industrial materials. The information shall be\nmade available in such a manner as to protect the trade secrets of the\ngenerators. Information submitted to the clearing house shall not be\nsubject to disclosure under the freedom of information law as set forth\nin article six of the public officers law.\n viii. Preparation and the continuous update when appropriate of a list\nof industrial materials which the corporation finds are economically and\ntechnically feasible to recycle or recover. Each material shall be\ncategorized according to the degree of difficulty and the kind of\ndifficulty encountered in recycling or recovery of that material.\n ix. Preparation, in conjunction with industry, of a handbook on\nrecovery and recycling to be made available to all industries upon\nrequest.\n x. Coordinate with existing regional entities, public or private, to\nencourage participation in all elements of the program.\n c. The corporation shall coordinate its activities under this section\nwith the department of environmental conservation with such department's\nresponsibilities pursuant to title four of article twenty-seven of the\nenvironmental conservation law.\n d. The corporation may enter into contracts with private entities for\nthe purpose of having such entities undertake activities called for\nunder this section.\n 4. Trade secrets; confidentiality. a. The corporation shall ensure\nthat any trade secrets or other proprietary or confidential data or\ninformation of a personal nature, required to be utilized pursuant to\nthis section, shall be utilized by the corporation in connection with\nits respective responsibilities pursuant to this section, and that such\ntrade secrets and other proprietary or confidential data or information\nare not otherwise disseminated without the express consent of the\ngenerator furnishing such information.\n b. For the purposes of this section, trade secrets and other\nproprietary or confidential data or information may include, but are not\nlimited to, any formula, plan, pattern, process, tool, mechanism,\ncompound, procedure, customer lists, production data, or compilation of\ninformation within a commercial concern which is using it to fabricate,\nproduce or compound an article of trade or service having commercial\nvalue, and which gives its owner or authorized user an opportunity to\nobtain a business advantage over competitors who do not know, use or\nhave access to such data and information.\n c. For the purposes of this section, due to the unique nature of the\nprogram, any generator who claims that specified data or information to\nbe utilized pursuant to any requirement of this section contains trade\nsecrets or other proprietary or confidential data or information of a\npersonal nature may set forth such claims in writing to the corporation\nfor the protection of trade secrets afforded pursuant to this\nsubdivision. Such information shall not be subject to disclosure under\nthe freedom of information law as set forth in article six of the public\nofficers law.\n d. The corporation shall have rules of conduct for employees and\ncontractors of the corporation involved in the design, development,\noperation and maintenance of any trade secret record-keeping and\ninstruct each such employee or contractor with respect to such rules and\nthe requirements of this subdivision including any other rules and\nprocedures adopted pursuant to this section and the penalties for\nnoncompliance.\n e. The corporation shall have appropriate administrative, technical,\nand physical safeguards to insure the security and confidentiality of\ntrade secret information and records and to protect against any\nanticipated threats to their security or integrity which could result in\ntheir unauthorized disclosure.\n 5. Improper disclosure of trade secrets or other proprietary or\nconfidential data or information of a personal nature. No officer,\nemployee or contractor of the corporation shall intentionally publish,\ndivulge, disclose or make known in a manner not authorized under the\nprovisions of this section any trade secret or other proprietary or\nconfidential data or information of a personal nature available to him\nin the course of his employment. Any such official, employee or\ncontractor who violates the provisions of this subdivision shall be\nliable for a civil penalty not to exceed five thousand dollars. In\naddition, any official or employee who violates the provisions of this\nsubdivision may be dismissed from his office or employment.\n 6. Report to the legislature. The chairman of the corporation shall,\nnot later than twelve months after the enactment date of this section\nand annually thereafter, prepare and submit a report on the status of\nthe reduction, recycling and recovery of industrial materials as\nfacilitated by the provisions of this section to the governor and the\nlegislature. In addition, such report shall include, but not be limited\nto the quantities, composition and disposition of hazardous waste\ngenerated by region in the preceding year and the listing of such wastes\nfeasible to recycle and recover developed pursuant to this section. The\nchairman of the corporation shall also report on the scope, status and\nefficacy of the program, including the small quantity generator\nhazardous waste audit program, and specific recommendations for\ncontinuation of the program; provided, however, such chairman shall\nwithhold information on the source or nature of particular industrial\nmaterials in such a manner as to protect trade secrets or confidential\ninformation of the generators.\n 7. Small quantity generator hazardous waste audit program. a. The\ncorporation shall establish and be responsible for a small quantity\ngenerator hazardous waste audit program. To carry out such program, the\ncorporation is authorized to obtain the services, as necessary, of waste\nmanagement specialists to conduct waste audits at the facilities of\nhazardous waste generators that have produced less then one thousand\nkilograms of hazardous waste in each of the past twelve calendar months.\nThe purpose of such audits shall be to provide on-site technical\nassistance to aid such generators in complying with New York state's\nhazardous waste regulations and to identify and evaluate the potential\nfor reducing the amount and/or toxicity of hazardous waste generated at\nsuch facilities.\n b. Waste audits conducted pursuant to this subdivision may include,\nbut need not be limited to:\n (i) identification of all hazardous wastes generated at the facility;\n (ii) identification of the regulatory requirements associated with the\nstorage, treatment, or disposal of all hazardous wastes generated at the\nfacility;\n (iii) identification of any methodologies, processes, equipment, or\nproduction changes which could be utilized by the facility to reduce the\namount or toxicity of hazardous wastes generated at the facility;\n (iv) identification of any on-site recycling or waste treatment\ntechnologies which could be utilized to reduce the amount or toxicity of\nhazardous wastes disposed of by the facility; and\n (v) identification of any potential markets for hazardous waste\ngenerated by the facility, including the use of waste exchange markets.\n c. The corporation shall establish by rule and regulation, upon\nconsultation with the director of the budget, a sliding fee schedule to\noffset the costs of conducting on-site audits. The fee schedule\nestablished pursuant to this section shall be intended to provide\nrevenues sufficient to meet solely the costs incurred by the corporation\nin performing such audits, provided that the corporation may use\ntechnical assistance grants it receives from the federal government,\nprivate foundations, or other institutions to reduce or eliminate fees\ncharged generators for performing such audits, and further provided that\nmonies appropriated to the corporation to carry out the purposes of this\nsubdivision shall not be used to provide financial assistance to waste\ngenerators for the purchase of manufacturing plants or equipment,\nproperty, real or otherwise, engineering or legal services, or any other\ncost incident to the actual implementation of a waste reduction or\nmanagement project. The chairman of the corporation is authorized and\ndirected to deposit all monies received in payment of fees under this\nsubdivision in an account within the miscellaneous special revenue fund.\n d. Any person receiving audit services pursuant to this subdivision\nshall, within ninety days of the completion of such audit, submit to the\ncorporation a description of the steps it will take, if any, to\nimplement any recommended waste reduction, recycling, or treatment\nstrategies identified in such audit.\n e. In implementing the small quantity generator hazardous waste audit\nprogram, the corporation is authorized to:\n (i) hire or contract with an appropriate number of hazardous waste\nmanagement specialists to conduct on-site waste audits;\n (ii) employ such public information methods as are appropriate to\nidentify and inform eligible hazardous waste generators of the existence\nof the waste audit program;\n (iii) establish a small quantity generator hazardous waste audit\nprogram application consistent with the policies and goals of this\nsection; and\n (iv) establish by rule and regulation a small quantity generator\nhazardous waste audit program application evaluation procedure\nconsistent with the policies and goals of this section.\n