§ 27-1317. New use of sites.\n Subsequent to the adoption of regulations by the department provided\nfor in this section, no person may substantially change the manner in\nwhich an inactive hazardous waste disposal site on the registry prepared\nand maintained by the department pursuant to section 27-1305 of this\ntitle is used, without notifying the department and, pursuant to section\none thousand three hundred eighty-nine-d of the public health law, the\ndepartment of health. A substantial change of use shall be defined in\nrules and regulations adopted by the department and shall include, but\nnot be limited to, the erection of a building or other structure on such\nsite, the paving of such site for use as a roadway or parking lot, and\nthe creation of a park or other public or private recreational facility\non such site. Such notice shall be in writing, addressed to the\ncommissioner and the commissioner of health 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 provided\nfor in this section, no person may substantially change the manner in\nwhich an inactive hazardous waste disposal site, for which a declaration\nhas been issued by the commissioner of health pursuant to subdivision\ntwo of section one thousand three hundred eighty-nine-b of the public\nhealth law, is used without the written approval of the commissioner and\nthe commissioner of health. The commissioner shall not approve such\nchange of use if such new use will interfere significantly with a\nproposed, ongoing or completed inactive hazardous waste disposal site\nremedial program at such site or expose the environment or health to a\nsignificantly increased threat of harm.\n
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