(i) an individual who had a substantial interest in or acted as a high
managerial agent or director for any corporation, partnership,
association or organization which committed an act or failed to act, and
such act or failure to act could be the basis for the denial of a permit
pursuant to this section or regulations promulgated thereunder if such
corporation, partnership, association or organization applied for a
permit under this title;
(ii) a corporation, partnership, association, organization, or any
principal thereof, or any person holding a substantial interest therein,
which committed an act or failed to act, and such act or failure to act
could be the basis for the denial of a permit pursuant to this section
or regulations promulgated thereunder if such corporation, partnership,
association or organization applied for a permit under this title; or
(iii) a corporation, partnership, association or organization or any
high managerial agent or director thereof, or any person holding a
substantial interest therein, acting as high managerial agent or
director for or holding a substantial interest in another corporation,
partnership, association or organization which committed an act or
failed to act, and such act or failure to act could be the basis for the
denial of a permit pursuant to this section or regulations promulgated
thereunder had such other corporation, partnership, association or
organization applied for a permit under this title.
For the purposes of this subdivision, "high managerial agent" has the
same meaning as is given that term in section 20.20 of the penal law,
and "substantial interest" shall be defined in regulations promulgated
by the commissioner.
4. Any act or failure to act which serves as a basis for denial or
revocation of a permit pursuant to this subdivision shall have occurred
within two years from the date on which the application for a permit,
renewal or modification is submitted to the department or from the date
on which the department serves notice of intent to revoke or modify a
permit issued by the department in relation to an existing permit.
5. Any person denied a permit, renewal or modification on the grounds
specified in this subdivision shall be entitled to a hearing within
sixty days of such denial in the case of a new permit, or within fifteen
days in the case of a renewal or modification of an existing permit. The
conduct of such hearing shall be governed by article seventy of this
chapter and regulations promulgated thereunder.
6. It shall be a condition of any permit issued under title 7 of this
article for the treatment, storage or disposal of hazardous waste on the
premises where such waste is generated that the permittee certify, in
its annual report, that:
a. the generator has in place a program to reduce the volume or
quantity and toxicity of hazardous wastes to the degree determined by
the generator to be economically practicable or, if a hazardous waste
reduction plan is required by and reviewable under section 27-0908 of
this title, a program that meets the requirements of that section; and
b. the method of treatment, storage or disposal is that practicable
method currently available to the generator which minimizes present and
future threats to human health and the environment.
Structure New York Laws
ENV - Environmental Conservation
Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste
Title 9 - Industrial Hazardous Waste Management
27-0903 - Identification and Listing of Hazardous Waste.
27-0907 - Standards Applicable to Generators of Hazardous Waste.
27-0908 - Hazardous Waste Reduction Plans.
27-0909 - Standards Applicable to Transporters of Hazardous Waste.
27-0910 - Standards Applicable to Marketers of Hazardous Waste Fuel.
27-0912 - Land Disposal of Hazardous Waste.
27-0914 - Unauthorized Possession, Disposal and Dealing in Hazardous Wastes.
27-0915 - Inspections and General Reporting.
27-0916 - Department Authority for Cleanups.
27-0917 - Financial Requirements for Hazardous Waste Facilities.
27-0918 - Closure and Post-Closure Plans.
27-0919 - Proprietary Information.
27-0921 - Short-Term Management.
27-0923 - Special Assessments on Hazardous Wastes Generated.
27-0924 - Hazardous Materials Enforcement Training Program.
27-0925 - Local Assessments on Hazardous Waste Treatment, Storage and Disposal Facilities.
27-0926 - Use and Recycling of Elemental Mercury and Dental Amalgam by Dentists.