§ 27-1313. Remedial programs.\n 1. a. The department shall be responsible, as provided in this\nsection, for inactive hazardous waste disposal site remedial programs\nexcept as provided in section one thousand three hundred eighty-nine-b\nof the public health law.\n b. The department shall have the authority to require the development\nand implementation of a department-approved inactive hazardous waste\ndisposal site remedial program.\n c. Section eight of the court of claims act or any other provision of\nlaw to the contrary notwithstanding, the state shall be immune from\nliability and action with respect to any act or omission done in the\ndischarge of the department's aforesaid responsibility pursuant to this\nsection; provided, however, that this paragraph shall not limit the\nliability which may otherwise exist for unlawful, willful or malicious\nacts or omissions on the part of the state, state agencies, or their\nofficers, employees or agents; or for the ownership or responsibility\nfor the disposal of hazardous waste, including the cost of cleanup,\npursuant to this section.\n 2. The department shall have the authority (a) to delegate such\nresponsibility for a specific site to the municipality in which such\nsite is located and (b) to contract with the environmental facilities\ncorporation and any other person to perform necessary work in connection\nwith such sites.\n 3. a. Whenever the commissioner finds that hazardous wastes at an\ninactive hazardous waste disposal site constitute a significant threat\nto the environment, he may order the owner of such site and/or any\nperson responsible for the disposal of hazardous wastes at such site (i)\nto develop an inactive hazardous waste disposal site remedial program,\nsubject to the approval of the department, at such site, and (ii) to\nimplement such program within reasonable time limits specified in the\norder. Provided, however, that in the event the commissioner of health\nshall issue an order pursuant to subdivision three of section one\nthousand three hundred eighty-nine-b of the public health law, such\norder of the commissioner of health shall supersede any order issued\nhereunder.\n b. Whenever the commissioner, after investigation, finds:\n (i) that hazardous wastes at an inactive hazardous waste disposal site\nconstitutes a significant threat to the environment; and\n (ii) that such threat is causing or presents an imminent danger of\ncausing irreversible or irreparable damage to the environment; and\n (iii) the threat makes it prejudicial to the public interest to delay\naction until a hearing can be held pursuant to this title, the\ndepartment may, pursuant to paragraph c of subdivision five of this\nsection and within the funds available to the department, develop and\nimplement an inactive hazardous waste disposal site remedial program for\nsuch site. Findings required pursuant to this paragraph shall be in\nwriting and may be made by the commissioner on an ex parte basis subject\nto judicial review.\n 4. Any order issued pursuant to subdivision three of this section\nshall be issued only after notice and the opportunity for a hearing is\nprovided to persons who may be the subject of such order. The\ncommissioner shall determine which persons are responsible pursuant to\nsaid subdivision according to applicable principles of statutory or\ncommon law liability. Such persons shall be entitled to raise any\nstatutory or common law defense at any such hearing and such defenses\nshall have the same force and effect at such hearings as they would have\nin a court of law. In the event a hearing is held, no order shall be\nissued by the commissioner under subdivision three of this section until\na final decision has been rendered. Any such order shall be reviewable\npursuant to article seventy-eight of the civil practice law and rules\nwithin thirty days after service of such order. The commissioner may\nrequest the participation of the attorney genera
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.