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27-0913 - Permits and Registrations for Storage, Transportation, Treatment, or Disposal of Hazardous Wastes.

NY Env Cons L § 27-0913 (2019) (N/A)
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(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.

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27-0913 - Permits and Registrations for Storage, Transportation, Treatment, or Disposal of Hazardous Wastes.