Section 27-0913. Permits and registrations for storage, transportation, treatment, or disposal of hazardous wastes

1. a. No person shall  engage  in  storage,  treatment,  or  disposal,
  including storage at the site of generation, of hazardous wastes without
  first  having obtained a permit pursuant to title seven of this article.
  Such permits  shall  require  corrective  action,  including  corrective
  action  beyond  the  facility  boundary where necessary to protect human
  health and the environment, for  all  releases  of  hazardous  waste  or
  constituents  from  any  solid  waste  management  unit  at  a permitted
  treatment, storage or disposal facility, regardless of the time at which
  waste was placed in such unit, and shall contain schedules of compliance
  for such corrective  action  where  such  corrective  action  cannot  be
  completed prior to issuance of the permit.
    b.  Where  appropriate and consistent with the provisions of RCRA, the
  commissioner may by regulation provide for interim status for  hazardous
  waste  treatment,  storage  or  disposal facilities. Such regulation may
  include, but shall not be limited to, termination provisions, corrective
  action provisions and requirements for modification of  such  facilities
  as  may  be  necessary  to protect human health and the environment. The
  condition of interim status shall not be deemed to be  a  permit  within
  subdivision  four  of  section 70-0105 of this chapter, and shall not be
  deemed to be a license within subdivision four of  section  one  hundred
  two of the state administrative procedure act.
    2.  No  person  shall engage in the transportation of hazardous wastes
  without first complying with the requirements of  title  three  of  this
  article.
    3.  The  commissioner  shall assure that permits authorizing hazardous
  waste treatment, storage, disposal or transportation are not  issued  to
  nor  held  by  unqualified  or  unsuitable  persons.  To effectuate this
  purpose,  and  in  addition  to  any  other   available   grounds,   the
  commissioner may, consistent with the policies of article twenty-three-A
  of  the  correction  law  and  the provisions of section 70-0115 of this
  chapter,  deny,  suspend,  revoke  or  modify  any  permit,  renewal  or
  modification   thereto   for   the   treatment,   storage,  disposal  or
  transportation of hazardous waste, after  determining  in  writing  that
  such action is required to protect the public health and safety. Some of
  the  factors  which  the  commissioner  may  consider in arriving at his
  determination include the following:
    a.  The  permit  holder  or  applicant  has  been  determined  in   an
  administrative,  civil  or  criminal  proceeding  to  have  violated any
  provision of this article, any related order  or  determination  of  the
  commissioner,  any  regulation promulgated pursuant to this article, the
  condition of any permit  issued  thereunder,  or  any  similar  statute,
  regulation,  order  or  permit  condition  of the federal or other state
  government.
    b. Such permit holder or applicant has been denied a  permit  for  the
  same  or  substantially  similar  activity based upon one or more of the
  provisions of this subdivision, or a similar  provision  of  federal  or
  other state law.
    c.  Such  permit  holder  or  applicant  has  been  found  in  a civil
  proceeding to have committed a negligent or intentionally tortious  act,
  or  has  been  convicted  in  a  criminal  proceeding  of a criminal act
  involving the handling, storing,  treating,  disposing  or  transporting
  hazardous waste.
    d.  Such  permit  holder or applicant has been convicted of a criminal
  offense under the laws of any  state  or  of  the  United  States  which
  involves a violent felony offense, fraud, bribery, perjury, theft, or an

  offense  against  public  administration as that term is used in article
  one hundred ninety-five of the penal law.
    e.  Such  permit  holder  or  applicant  has  in any matter within the
  jurisdiction of  the  department  knowingly  falsified  or  concealed  a
  material fact or knowingly submitted a false statement or made use of or
  made  a  false  statement  on  or  in  connection  with  any document or
  application submitted to the department.
    f. Such permit holder or applicant is either:
    (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.