Section 27-1317. New use of sites

Subsequent  to  the adoption of regulations by the department provided
  for in this section, no person may substantially change  the  manner  in
  which an inactive hazardous waste disposal site on the registry prepared
  and  maintained  by  the  department pursuant to section 27-1305 of this
  title is used, without notifying the department and, pursuant to section
  one thousand three hundred eighty-nine-d of the public health  law,  the
  department  of  health.  A substantial change of use shall be defined in
  rules and regulations adopted by the department and shall  include,  but
  not be limited to, the erection of a building or other structure on such
  site,  the  paving of such site for use as a roadway or parking lot, and
  the creation of a park or other public or private recreational  facility
  on  such  site.  Such  notice  shall  be  in  writing,  addressed to the
  commissioner and the commissioner of health and shall  include  a  brief
  description  of  the  proposed  change  of  use.  Such  notice  shall be
  submitted at least sixty days before any physical alteration of the land
  or  construction  shall  occur  or,  in  the  event  any  alteration  or
  construction  is  not  required to initiate such change of use, at least
  sixty days before any change of use.
    Subsequent to the adoption of regulations by the  department  provided
  for  in  this  section, no person may substantially change the manner in
  which an inactive hazardous waste disposal site, for which a declaration
  has been issued by the commissioner of health  pursuant  to  subdivision
  two  of  section  one thousand three hundred eighty-nine-b of the public
  health law, is used without the written approval of the commissioner and
  the commissioner of health. The  commissioner  shall  not  approve  such
  change  of  use  if  such  new  use  will interfere significantly with a
  proposed, ongoing or completed inactive hazardous  waste  disposal  site
  remedial  program  at such site or expose the environment or health to a
  significantly increased threat of harm.