N.Y. Environmental Conservation Law § 27-1907: Abatement of noncompliant waste tire stockpiles

§ 27-1907. Abatement of noncompliant waste tire stockpiles.

1. No later than one year from the effective date of this title, the

department shall prepare and submit to the governor and the legislature

a comprehensive plan designed to abate all noncompliant waste tire

stockpiles by December thirty-first, two thousand ten. This plan shall

establish a noncompliant waste tire stockpile abatement priority list

and schedule for abatement of each noncompliant waste tire stockpile

based on potential adverse impacts upon public health, safety or

welfare, the environment, or natural resources. The plan shall also

include a census of compliant and non-compliant waste tire stockpiles in

the state and the number of waste tires believed to be stored at each

site.

2. The owner or operator of a noncompliant waste tire stockpile shall,

at the department's request, submit to and/or cooperate with any and all

remedial measures necessary for the abatement of noncompliant waste tire

stockpiles with funds from the waste management and cleanup fund

pursuant to section ninety-two-bb of the state finance law.

3. No later than two years from the effective date of this title, the

department shall publish requests for proposals to seek contractors to

prepare whole and mechanically processed waste tires situated at

noncompliant waste tire stockpiles for arrangement in accordance with

fire safety requirements and for removal for appropriate processing,

recycling or beneficial use. Disposal will be considered only as a last

option. The expenses of remedial and fire safety activities at a

noncompliant waste tire stockpile shall be paid by the person or persons

who owned, operated or maintained the noncompliant waste tire stockpile,

or from the waste management and cleanup fund and shall be a debt

recoverable by the state from all persons who owned, operated or

maintained the noncompliant waste tire stockpile, and a lien and charge

may be placed on the premises upon which the noncompliant waste tire

stockpile is maintained and upon any real or personal property,

equipment, vehicles, and inventory controlled by such person or persons.

Moneys recovered shall be paid to the waste management and cleanup fund

established pursuant to section ninety-two-bb of the state finance law.

4. If execution upon a judgment for the recovery of the expenses of

any such remedial and fire safety activities at a noncompliant waste

tire stockpile is returned wholly or partially unsatisfied, such

judgment, if docketed in the place and manner required by law to make a

judgment of a court of record a lien upon real property, shall be a

first lien upon such premises, having preference over all other liens

and encumbrances whatever. Notwithstanding the foregoing, such lien

shall not have preference over any mortgage or other encumbrance for the

benefit of the state of New York or a public benefit corporation

thereof.

5. The department shall make all reasonable efforts to recover the

full amount of any funds expended from the waste management and cleanup

fund for abatement or remediation through litigation or cooperative

agreements. Any and all moneys recovered, repaid or reimbursed pursuant

to this section shall be deposited with the comptroller and credited to

such fund.

6. The department shall have authority to enter all noncompliant waste

tire stockpiles for the purpose of investigation and abatement.