Section 24-718. Risk management plan

(a) On or before March first of each
  year beginning in nineteen hundred ninety-five, a responsible party of a
  facility where an extremely hazardous substance  or  a  regulated  toxic
  substance  is  present in an amount that equals or exceeds the threshold
  planning quantities  established  by  the  United  States  environmental
  protection agency in regulations promulgated pursuant to applicable law,
  shall  file  with  the commissioner a risk management plan in accordance
  with the provisions of this section. Where a substance is classified  as
  both  an  extremely  hazardous substance and a regulated toxic substance
  and different threshold planning quantities have been  established,  the
  lower  threshold  planning  quantity  shall apply in determining whether
  such a substance is present at a facility in an amount  that  equals  or
  exceeds the threshold planning quantities.
    (b)  Review  of  risk  management  plans. (1) Within thirty days after
  receipt of a risk management  plan,  the  commissioner  shall  determine
  whether  such  plan is complete. If the commissioner determines that the
  plan is incomplete, then he or she shall notify  the  responsible  party
  that  the  plan  is  incomplete and identify in what respect the plan is
  incomplete. Within fifteen days after such notification, the responsible
  party shall file a  revised  plan  consistent  with  the  commissioner's
  notification.  Within  fifteen  days after receipt of such revised plan,
  the commissioner shall determine whether the revised plan is complete.
    (2) Within ninety days after the commissioner's determination that the
  responsible party has filed a  complete  plan,  the  commissioner  shall
  approve  or  make  modifications  to  such  plan  and  shall  notify the
  responsible party filing such plan in writing of his or her approval  or
  modifications.  The  commissioner  shall,  within a reasonable period of
  time prior to approving or making modifications  to  such  plan,  submit
  such   plan   to  the  commissioner  of  the  fire  department  and  the
  commissioner of the fire department may recommend modifications to  such
  plan to the commissioner.
    (3) If the commissioner makes modifications to the responsible party's
  risk  management  plan,  the  responsible  party  shall incorporate such
  modifications into its risk management plan, provided, however, that the
  responsible party may, within forty-five  days  after  receipt  of  such
  modifications,  submit  alternative modifications to the commissioner or
  explain why the commissioner's  modifications  are  not  necessary.  The
  commissioner   shall  within  forty-five  days  review  the  alternative
  modifications or explanation and  shall:  (i)  require  the  responsible
  party  to  incorporate, by a date certain not to exceed forty-five days,
  either the commissioner's modifications, the  alternative  modifications
  or  a  combination  of such modifications into its risk management plan,
  (ii) approve the unmodified plan or (iii) disapprove the plan.
    (4) The commissioner shall  provide  a  copy  of  each  approved  risk
  management  plan  to  the  emergency  response  agencies  and  to  other
  governmental entities that may request an approved plan.
    (c) On  or  before  July  first,  nineteen  hundred  ninety-four,  the
  commissioner,  in  consultation  with  the  emergency response agencies,
  shall by rule establish the contents of a risk  management  plan,  which
  shall  be designed to prevent the accidental release and to minimize the
  consequences of any such release of any extremely hazardous or regulated
  toxic substance. The plan shall include but need not be limited to:  (1)
  a  site  plan;  (2)  a  safety  review  of  design  for new and existing
  equipment and processes; (3) an emergency response program, including an
  emergency response plan,  emergency  response  training,  and  emergency
  response  exercises; (4) standard operating procedures; (5) a preventive
  maintenance program for equipment; (6) a training program for  equipment
  operators,  including duration and type of training, and retraining; (7)

  accident investigation procedures; and (8) a  risk  assessment  program,
  including  a hazard analysis and a consideration of the use of alternate
  equipment and alternate substances.
    (d)  Preparation  of  risk  management  plan. The risk management plan
  shall be prepared by one or more of the following persons: an industrial
  hygienist certified by the American Board of  Industrial  Hygienists,  a
  professional  engineer licensed pursuant to section 7206 of the New York
  state education law, a safety professional certified  by  the  Board  of
  Certified  Safety Professionals, or other qualified person authorized by
  rule of the commissioner. A plan  submitted  pursuant  to  this  section
  shall   contain   proof   satisfactory   to   the  commissioner  of  the
  qualifications of the person who prepared such plan.
    (e) The risk management plan shall be  made  available  to  department
  personnel at the time of an inspection of a facility for which a plan is
  required pursuant to subdivision (a) of this section.
    (f)  On  or  before  November first, nineteen hundred ninety-four, the
  commissioner, in consultation with emergency  response  agencies,  shall
  make  reasonable  efforts  to provide information to responsible parties
  regarding the requirements of this section  and  the  rules  promulgated
  hereunder.