N.Y. Environmental Conservation Law § 27-1517: Permits for storage, transportation, treatment or disposal of regulated medical waste

§ 27-1517. Permits for storage, transportation, treatment or disposal of

regulated medical waste.

1. In order to assure that permits authorizing the storage,

transportation, treatment or disposal of regulated medical waste are not

issued to or held by unqualified or unsuitable persons, the commissioner

may, consistent with articles twenty-three and 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 storage, transportation, treatment or disposal of

regulated medical waste, upon a written determination that such action

is required to protect the public health and safety and that:

a. The permit holder or applicant has been finally 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, a

material condition of any permit issued thereunder, or of any

substantially similar statute, regulation, order or permit condition of

the federal or other state government relating to the handling, storing,

treating, disposing or transporting of solid, hazardous, infectious,

medical or regulated medical waste; or

b. Such permit holder or applicant has been previously denied a permit

for the same or substantially similar activity based upon one or more of

the provisions of this subdivision; or

c. Such permit holder or applicant has been found in a civil

proceeding to have committed a negligent or intentionally tortious act

in relation to the handling, storing, treating, disposing or

transporting of solid, hazardous, infectious, medical or regulated

medical waste, or has been convicted in a criminal proceeding of a crime

involving the handling, storing, treating, disposing or transporting of

solid, hazardous, infectious, medical or regulated medical waste,

provided, however, that where such conviction is of a criminal offense

under the laws of any other state or of the United States, such offense

would constitute a crime under the laws of this state; or

d. Such permit holder has been convicted of a felony under the laws of

this state involving fraud, bribery, perjury, or theft, or has been

convicted under the laws of any other state or of the United States of a

criminal offense which, if committed and prosecuted in this state, would

constitute a similar felony under such laws of this state.

e. Such permit holder or applicant, in any matter within the

jurisdiction of the department, has been determined to have knowingly

falsified a material fact, or knowingly submitted a false statement, or

knowingly made use of a false statement in connection with any document

or application submitted to the department; or

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; or

(ii) a corporation, partnership, association, or 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.

2. 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 five 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.

3. Any person denied a permit, renewal or modification on the grounds

specified in this section 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 any existing permit. The

conduct of such hearing shall be governed by article 70 of this chapter

and regulations promulgated thereunder.