§ 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 state
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