New York § 1389-D New use of sites

New York Statutes

§ 1389-D — New use of sites

New York § 1389-D

Law PBHPublic Health

Title 12-AInactive Hazardous Waste Disposal Sites

Art. 13Nuisances and Sanitation

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Bluebook

N.Y. Public Health § 1389-D (2026).

Text

  § 1389-d. New use of sites.  Subsequent to the adoption of regulations\nby the department of environmental conservation pursuant to section\n27-1317 of the environmental conservation law, no person may\nsubstantially change the manner in which an inactive hazardous waste\ndisposal site on the registry prepared and maintained by the department\nof environmental conservation pursuant to section 27-1305 of the\nenvironmental conservation law is used, without notifying the department\nand, pursuant to section 27-1317 of the environmental conservation law,\nthe department of environmental conservation. A substantial change of\nuse shall be defined in rules and regulations adopted by the department\nof environmental conservation and shall include, but not be limited to,\nthe erection of a buil

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§ 1389-d. New use of sites. Subsequent to the adoption of regulations\nby the department of environmental conservation pursuant to section\n27-1317 of the environmental conservation law, no person may\nsubstantially change the manner in which an inactive hazardous waste\ndisposal site on the registry prepared and maintained by the department\nof environmental conservation pursuant to section 27-1305 of the\nenvironmental conservation law is used, without notifying the department\nand, pursuant to section 27-1317 of the environmental conservation law,\nthe department of environmental conservation. A substantial change of\nuse shall be defined in rules and regulations adopted by the department\nof environmental conservation and shall include, but not be limited to,\nthe erection of a building or other structure on such site, the paving\nof such site for use as a roadway or parking lot, and the creation of a\npark or other public or private recreational facility on such site. Such\nnotice shall be in writing, addressed to the commissioner and the\ncommissioner of environmental conservation and shall include a brief\ndescription of the proposed change of use. Such notice shall be\nsubmitted at least sixty days before any physical alteration of the land\nor construction shall occur or, in the event any alteration or\nconstruction is not required to initiate such change of use, at least\nsixty days before any change of use.\n Subsequent to the adoption of regulations by the department of\nenvironmental conservation pursuant to section 27-1317 of the\nenvironmental conservation law, no person may substantially change the\nmanner in which an inactive hazardous waste disposal site, for which a\ndeclaration has been issued by the commissioner pursuant to subdivision\ntwo of section one thousand three hundred eighty-nine-b of this title,\nis used without the written approval of the commissioner. The\ncommissioner shall not approve such change of use if such new use will\nexpose persons to a significantly increased danger to life or health.\n