N.Y. Environmental Conservation Law § 27-1317: New use of sites

§ 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.