§ 1389-b. Powers of the commissioner. 1. (a) The department shall be\nresponsible for assessing (i) serious health problems at and in the\nimmediate vicinity of inactive hazardous waste disposal sites and (ii)\nany health problems deemed by the department to be related to conditions\nat such sites.\n (b) 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 responsibility pursuant to this title;\nprovided, however, that this subdivision shall not limit any liability\nwhich may otherwise exist for unlawful, willful or malicious acts or\nomissions on the part of the state, state agencies, their officers,\nemployees or agents, or for ownership or responsibility for the disposal\nof hazardous waste, including the cost of cleanup, pursuant to this\nsection or section 27-1313 of the environmental conservation law.\n 2. Whenever there is a condition dangerous to life or health resulting\nfrom an inactive hazardous waste disposal site, the commissioner shall\nimmediately declare the existence of such condition. After the issuance\nof any such declaration and throughout the time period during which such\na declaration is effective, the department shall be responsible for (a)\nmonitoring such inactive hazardous waste disposal sites, (b) approving\nproposed inactive hazardous waste disposal site remedial programs for\nsuch sites and (c) certifying the completion of inactive hazardous waste\ndisposal site remedial programs for such sites.\n 3. (a) Whenever the commissioner has issued such a declaration and\nthroughout the time period during which such a declaration is effective,\nthe commissioner may request the commissioner of environmental\nconservation pursuant to paragraph (b) of subdivision five of this\nsection and within the funds available to the department of\nenvironmental conservation to develop an inactive hazardous waste\ndisposal site remedial program for such site and/or, in addition to any\nother powers he may have, order the owner of such site and/or any person\nresponsible for the disposal of hazardous wastes at such site (i) to\ndevelop an inactive hazardous waste disposal site remedial program for\nsuch site subject to the approval of the department and (ii) to\nimplement such program within reasonable time limits specified in the\norder. Such order shall supersede any order issued by the commissioner\nof environmental conservation pursuant to section 27-1313 of the\nenvironmental conservation law.\n (b) Whenever the commissioner has issued such a declaration and\nfurther finds that it would be prejudicial to the public interest to\ndelay action until an opportunity for a hearing can be provided pursuant\nto this title, the department may request, pursuant to paragraph c of\nsubdivision five of this section and within the funds available to the\ndepartment of environmental conservation, the department of\nenvironmental conservation to develop and implement an inactive\nhazardous waste disposal site remedial program for such site. The\nfinding required pursuant to this paragraph may be made by the\ncommissioner on an ex parte basis subject to judicial review.\n 4. Any order issued pursuant to subdivision three of this section\nshall be issued only after notice and the opportunity for hearing is\nprovided to the 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 defenses 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 thi
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