N.Y. Economic Development Law § 138: Small business pollution prevention and environmental compliance ombudsman program

§ 138. Small business pollution prevention and environmental

compliance ombudsman program. 1. There is hereby established within the

division for small businesses a small business pollution prevention and

environmental compliance ombudsman program. The primary purpose of such

program is to represent small businesses on issues relating to pollution

prevention and compliance with the environmental conservation law.

2. The department shall, through the small business pollution

prevention and environmental compliance ombudsman program, provide the

following services:

a. soliciting input from small businesses regarding pollution

prevention and compliance with the environmental conservation law,

including interacting with organizations representing small businesses

such as trade associations or other entities;

b. participating in, facilitating and promoting the participation of

small businesses in the development and implementation of rules and

regulations adopted pursuant to the environmental conservation law;

c. participating in and sponsoring meetings with the department of

environmental conservation, local environmental agencies, industry

groups and small business representatives;

d. providing guidance and recommendations to the department of

environmental conservation on the development, content and operation of

the small business pollution prevention and environmental compliance

assistance program as created by section 28-0109 of the environmental

conservation law;

e. distributing to small businesses information and materials on

pollution prevention and the requirements of the environmental

conservation law;

f. reporting to the pollution prevention and environmental compliance

coordinating council as established pursuant to section 28-0111 of the

environmental conservation law on any problems or difficulties

experienced by small businesses in complying with the environmental

conservation law, including the degree and severity of enforcement;

g. aiding in the investigation and resolution of complaints and

disputes from small businesses against the department of environmental

conservation and local environmental authorities;

h. conducting periodic evaluations of all aspects of the small

business pollution prevention and environmental compliance assistance

program created pursuant to section 28-0109 of the environmental

conservation law including reviewing the work and services of the

program with trade associations and representatives of small business;

i. reviewing and providing comments and recommendations to the United

States environmental protection agency and the department of

environmental conservation regarding the development and implementation

of regulations that impact small businesses;

j. arranging for and assisting in the preparation of guidance

documents by the small business pollution prevention and environmental

compliance assistance program as required pursuant to section 28-0109 of

the environmental conservation law to ensure that the language is

readily understandable by the layperson;

k. referring small businesses to specialists for information and

assistance on affordable alternative technologies, process changes,

products and operational methods to help achieve pollution prevention;

l. providing information to small businesses on state-sponsored

programs offering financial and technical assistance, and in locating

sources of funding for pollution prevention and compliance with the

requirements of the environmental conservation law; and

m. establishing procedures for assuring the confidentiality of

information received from small businesses.

3. The small business pollution prevention and environmental

compliance ombudsman program shall coordinate its services with the

office of waste prevention services established pursuant to article

fourteen of this chapter.