Section 28-0109. Small business pollution prevention and environmental compliance assistance program

1. The commissioner is hereby authorized and  directed  to  establish,
  develop   and  implement  a  small  business  pollution  prevention  and
  environmental compliance assistance program. The purpose of such program
  shall be to:
    a. assist eligible businesses  to  achieve  pollution  prevention  and
  improved environmental performance;
    b.  assist  eligible  businesses  to comply with the provisions of and
  rules adopted pursuant to this chapter; and
    c. support all  environmental  and  regulatory  programs  carried  out
  pursuant  to this chapter, including permitting, facility inspection and
  enforcement activities. For the  purposes  of  this  section,  "eligible
  business"  shall  mean  a small to medium-sized business, not-for-profit
  organization or  municipality  which  employs  less  than  five  hundred
  persons on a full-time basis.
    2. The commissioner, after providing notice and opportunity for public
  hearing,  may  exclude  from the small business pollution prevention and
  environmental compliance assistance program any  category  of  regulated
  entity that the commissioner determines to have sufficient technical and
  financial  capabilities to meet the requirements of this chapter without
  such assistance. The department may designate eligibility for assistance
  based on whether an  eligible  business  has  sufficient  technical  and
  financial capabilities to comply with federal and state law without such
  assistance. Such determination or designation shall be based on criteria
  formally  adopted  by the department as guidance or regulation therefor.
  Such program shall include:
    a.  the  development,  collection  and  coordination  of   information
  concerning  pollution prevention and compliance methods, and programs to
  encourage lawful cooperation among eligible businesses and other persons
  to further comply with the provisions of this chapter;
    b.  adequate  mechanisms  for  assisting  eligible   businesses   with
  pollution  prevention,  environmental  compliance and accidental release
  detection and prevention,  including  providing  information  concerning
  alternative  technologies,  process changes, and products and methods of
  operation that help to achieve pollution prevention;
    c. the provision of assistance for eligible businesses in:
    (i) determining applicable requirements of this chapter and rules  and
  regulations promulgated pursuant thereto,
    (ii) submitting complete permit applications, and
    (iii)  receiving  permits  issued  by  the  department in a timely and
  efficient manner;
    d. adequate mechanisms for referring eligible businesses to  qualified
  auditors,  or  to  the extent possible, offering eligible businesses and
  responding to requests  from  eligible  businesses  for  audits  of  the
  operations  of such businesses to determine compliance with this chapter
  and rules and regulations promulgated pursuant thereto;
    e. procedures for  offering  eligible  businesses  and  responding  to
  requests  from  eligible  businesses for technical, pollution prevention
  and environmental compliance assistance including, but not limited to:
    (i) on-site  technical  assistance  and  consultations  regarding  the
  identification  and implementation of opportunities to achieve pollution
  prevention  or   enhance   compliance,   including   the   adoption   of
  comprehensive  pollution  prevention  plans  or environmental management
  systems;
    (ii) assistance in the modification  of  any  work  practice  and  the
  identification of affordable and cost effective alternative technologies
  or  technological  improvements  to  achieve  pollution prevention or to

  achieve compliance with or to establish compliance  procedures  pursuant
  to  this chapter and rules and regulations promulgated pursuant thereto;
  and
    (iii)  the  establishment of a schedule of milestones for implementing
  such work practice or  method  of  pollution  prevention  or  compliance
  preceding  any  applicable  compliance date, based on the technology and
  financial capability of such eligible business. No modification shall be
  recommended unless it is in compliance with the applicable  requirements
  of environmental laws;
    f.  procedures  for  soliciting  input from and exchanging information
  with  the  small  business  pollution   prevention   and   environmental
  compliance  ombudsman  program  created  pursuant  to section 138 of the
  economic development law, regarding pollution  prevention  opportunities
  and compliance requirements for small businesses;
    g.  adequate  mechanisms  for  the  collection  and  dissemination  of
  information  to  eligible  businesses,  including  the  development   of
  guidance  manuals  and the establishment of a toll-free telephone number
  dedicated to answering  questions  involving  pollution  prevention  and
  small business compliance;
    h. procedures for assuring the confidentiality of information received
  from eligible businesses;
    i.  the  identification  of  individuals, firms and/or state and local
  agencies with a distinctive competence in  areas  related  to  pollution
  prevention   and   compliance   with   environmental   laws,  rules  and
  regulations, and a demonstrated ability to  serve  eligible  businesses,
  for  the  purpose of referring eligible businesses with identified needs
  to consultants or agencies with relevant expertise; and
    j. the provision of information on state-sponsored  programs  offering
  financial  or technical assistance and on funding available from private
  lenders to eligible  businesses,  and  of  aid  to  such  businesses  in
  applying for financial assistance or funding.
    3.  In  developing  and  implementing  the  small  business  pollution
  prevention  and  environmental  compliance   assistance   program,   the
  department shall consult with the pollution prevention and environmental
  compliance  coordinating  council as created pursuant to section 28-0111
  of this article, the environmental  facilities  corporation,  the  small
  business  pollution  prevention  and  environmental compliance ombudsman
  program as created pursuant to section 138 of the  economic  development
  law  and  the office of waste prevention services as created pursuant to
  article 14 of the economic development law.