Section 27-1907. Abatement of noncompliant waste tire stockpiles

1.  No  later than one year from the effective date of this title, the
  department shall prepare and submit to the governor and the  legislature
  a  comprehensive  plan  designed  to  abate  all noncompliant waste tire
  stockpiles by December thirty-first, two thousand ten. This  plan  shall
  establish  a  noncompliant  waste tire stockpile abatement priority list
  and schedule for abatement of each  noncompliant  waste  tire  stockpile
  based  on  potential  adverse  impacts  upon  public  health,  safety or
  welfare, the environment, or natural  resources.  The  plan  shall  also
  include a census of compliant and non-compliant waste tire stockpiles in
  the  state  and  the number of waste tires believed to be stored at each
  site.
    2. The owner or operator of a noncompliant waste tire stockpile shall,
  at the department's request, submit to and/or cooperate with any and all
  remedial measures necessary for the abatement of noncompliant waste tire
  stockpiles with funds from the waste tire management and recycling  fund
  pursuant to section ninety-two-bb of the state finance law.
    3.  No later than two years from the effective date of this title, the
  department shall publish requests for proposals to seek  contractors  to
  prepare  whole  and  mechanically  processed  waste  tires  situated  at
  noncompliant waste tire stockpiles for arrangement  in  accordance  with
  fire  safety  requirements  and  for removal for appropriate processing,
  recycling or beneficial use. Disposal will be considered only as a  last
  option.  The  expenses  of  remedial  and  fire  safety  activities at a
  noncompliant waste tire stockpile shall be paid by the person or persons
  who owned, operated or maintained the noncompliant waste tire stockpile,
  or from the waste tire management and recycling fund and shall be a debt
  recoverable by the  state  from  all  persons  who  owned,  operated  or
  maintained  the noncompliant waste tire stockpile, and a lien and charge
  may be placed on the premises upon which  the  noncompliant  waste  tire
  stockpile  is  maintained  and  upon  any  real  or  personal  property,
  equipment, vehicles, and inventory controlled by such person or persons.
  Moneys recovered  shall  be  paid  to  the  waste  tire  management  and
  recycling  fund  established  pursuant  to  section ninety-two-bb of the
  state finance law.
    4. If execution upon a judgment for the recovery of  the  expenses  of
  any  such  remedial  and  fire safety activities at a noncompliant waste
  tire  stockpile  is  returned  wholly  or  partially  unsatisfied,  such
  judgment,  if docketed in the place and manner required by law to make a
  judgment of a court of record a lien upon  real  property,  shall  be  a
  first  lien  upon  such premises, having preference over all other liens
  and encumbrances whatever.  Notwithstanding  the  foregoing,  such  lien
  shall not have preference over any mortgage or other encumbrance for the
  benefit  of  the  state  of  New  York  or  a public benefit corporation
  thereof.
    5. The department shall make all reasonable  efforts  to  recover  the
  full  amount  of  any  funds expended from the waste tire management and
  recycling fund  for  abatement  or  remediation  through  litigation  or
  cooperative   agreements.  Any  and  all  moneys  recovered,  repaid  or
  reimbursed  pursuant  to  this  section  shall  be  deposited  with  the
  comptroller and credited to such fund.
    6. The department shall have authority to enter all noncompliant waste
  tire stockpiles for the purpose of investigation and abatement.