N.Y. Environmental Conservation Law § 28-0107: Powers and duties of the department

§ 28-0107. Powers and duties of the department.

Consistent with the policy of the state as it is declared in section

28-0101 of this article, the department shall have the power to:

1. Develop, coordinate, implement and measure policies, planning and

programs to promote pollution prevention, including but not limited to,

technical assistance programs and the identification of alternative

compliance approaches that incorporate pollution prevention;

2. Provide education, training, outreach and technical assistance,

including on-site technical assistance, to the public regarding

pollution prevention, including but not limited to businesses,

not-for-profit organizations and state and local agencies;

3. Track, monitor and analyze efforts to achieve pollution prevention

and the effects of pollution prevention on the consumption of energy and

natural resources; the use of hazardous substances; and the generation

of hazardous substances, pollution and waste;

4. Promote the consideration of opportunities for pollution prevention

throughout the department's programs, including the provision of

information on pollution prevention options, technical information and

technical assistance to permit applicants, owners and operators of

facilities that are subject to departmental inspections, and to persons

who are subject to departmental enforcement actions;

5. Develop policies to facilitate, support and encourage the provision

of pollution prevention and compliance assistance, including on-site

technical assistance, by all department staff, including regulatory

program staff, to businesses, not-for-profit organizations, state and

local agencies or other persons who request such assistance, including

the adoption of policies to address how the department will respond if

violations are identified in the course of providing such assistance;

6. Coordinate pollution prevention outreach and technical assistance

with inspection and enforcement efforts, including the targeting of

specific sectors for concentrated outreach prior to inspection and

enforcement and the establishment of a technical assistance referral

system;

7. Provide opportunities for training in pollution prevention to all

appropriate department staff on an annual basis;

8. Promote and encourage the adoption of environmental management

systems as a way to achieve pollution prevention and continually improve

environmental, economic and management performance across a range of

organizations and settings, including state and local agencies,

businesses, and not-for-profit organizations;

9. Develop pollution prevention information that can be distributed by

other state agencies and public authorities that are involved in the

regulation of, or provision of financial assistance to businesses,

municipalities and not-for-profit organizations;

10. Coordinate and cooperate with federal, state and local agencies,

public and private organizations, and groups administering programs or

engaged in activities related to pollution prevention, energy

consumption, resource consumption, the use and generation of hazardous

substances, or the generation of waste or pollution; and

11. Encourage, support and undertake research, development and

technology transfer in support of pollution prevention, and coordinate

and cooperate with federal, state and local agencies, businesses and

business associations, public and private organizations, and groups

engaged in pollution prevention research, development and technology

transfer, including educational, civic and research organizations,

colleges, universities, institutes or foundations.