New York Environmental Conservation Code § 28-0109

Small business pollution prevention and environmental compliance assistance program
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§ 28-0109. Small business pollution prevention and environmental\n             compliance assistance program.\n  1. The commissioner is hereby authorized and directed to establish,\ndevelop and implement a small business pollution prevention and\nenvironmental compliance assistance program. The purpose of such program\nshall be to:\n  a. assist eligible businesses to achieve pollution prevention and\nimproved environmental performance;\n  b. assist eligible businesses to comply with the provisions of and\nrules adopted pursuant to this chapter; and\n  c. support all environmental and regulatory programs carried out\npursuant to this chapter, including permitting, facility inspection and\nenforcement activities. For the purposes of this section, "eligible\nbusiness" shall mean a small to medium-sized business, not-for-profit\norganization or municipality which employs less than five hundred\npersons on a full-time basis.\n  2. The commissioner, after providing notice and opportunity for public\nhearing, may exclude from the small business pollution prevention and\nenvironmental compliance assistance program any category of regulated\nentity that the commissioner determines to have sufficient technical and\nfinancial capabilities to meet the requirements of this chapter without\nsuch assistance. The department may designate eligibility for assistance\nbased on whether an eligible business has sufficient technical and\nfinancial capabilities to comply with federal and state law without such\nassistance. Such determination or designation shall be based on criteria\nformally adopted by the department as guidance or regulation therefor.\nSuch program shall include:\n  a. the development, collection and coordination of information\nconcerning pollution prevention and compliance methods, and programs to\nencourage lawful cooperation among eligible businesses and other persons\nto further comply with the provisions of this chapter;\n  b. adequate mechanisms for assisting eligible businesses with\npollution prevention, environmental compliance and accidental release\ndetection and prevention, including providing information concerning\nalternative technologies, process changes, and products and methods of\noperation that help to achieve pollution prevention;\n  c. the provision of assistance for eligible businesses in:\n  (i) determining applicable requirements of this chapter and rules and\nregulations promulgated pursuant thereto,\n  (ii) submitting complete permit applications, and\n  (iii) receiving permits issued by the department in a timely and\nefficient manner;\n  d. adequate mechanisms for referring eligible businesses to qualified\nauditors, or to the extent possible, offering eligible businesses and\nresponding to requests from eligible businesses for audits of the\noperations of such businesses to determine compliance with this chapter\nand rules and regulations promulgated pursuant thereto;\n  e. procedures for offering eligible businesses and responding to\nrequests from eligible businesses for technical, pollution prevention\nand environmental compliance assistance including, but not limited to:\n  (i) on-site technical assistance and consultations regarding the\nidentification and implementation of opportunities to achieve pollution\nprevention or enhance compliance, including the adoption of\ncomprehensive pollution prevention plans or environmental management\nsystems;\n  (ii) assistance in the modification of any work practice and the\nidentification of affordable and cost effective alternative technologies\nor technological improvements to achieve pollution prevention or to\nachieve compliance with or to establish compliance procedures pursuant\nto this chapter and rules and regulations promulgated pursuant thereto;\nand\n  (iii) the establishment of a schedule of milestones for implementing\nsuch work practice or method of pollution prevention or compliance\npreceding any applicable compliance date, based on the te

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