N.Y. Environmental Conservation Law § 28-0109: Small business pollution prevention and environmental compliance assistance program

§ 28-0109. Small business pollution prevention and environmental

compliance assistance program.

1. The commissioner is hereby authorized and directed to establish,

develop and implement a small business pollution prevention and

environmental compliance assistance program. The purpose of such program

shall be to:

a. assist eligible businesses to achieve pollution prevention and

improved environmental performance;

b. assist eligible businesses to comply with the provisions of and

rules adopted pursuant to this chapter; and

c. support all environmental and regulatory programs carried out

pursuant to this chapter, including permitting, facility inspection and

enforcement activities. For the purposes of this section, "eligible

business" shall mean a small to medium-sized business, not-for-profit

organization or municipality which employs less than five hundred

persons on a full-time basis.

2. The commissioner, after providing notice and opportunity for public

hearing, may exclude from the small business pollution prevention and

environmental compliance assistance program any category of regulated

entity that the commissioner determines to have sufficient technical and

financial capabilities to meet the requirements of this chapter without

such assistance. The department may designate eligibility for assistance

based on whether an eligible business has sufficient technical and

financial capabilities to comply with federal and state law without such

assistance. Such determination or designation shall be based on criteria

formally adopted by the department as guidance or regulation therefor.

Such program shall include:

a. the development, collection and coordination of information

concerning pollution prevention and compliance methods, and programs to

encourage lawful cooperation among eligible businesses and other persons

to further comply with the provisions of this chapter;

b. adequate mechanisms for assisting eligible businesses with

pollution prevention, environmental compliance and accidental release

detection and prevention, including providing information concerning

alternative technologies, process changes, and products and methods of

operation that help to achieve pollution prevention;

c. the provision of assistance for eligible businesses in:

(i) determining applicable requirements of this chapter and rules and

regulations promulgated pursuant thereto,

(ii) submitting complete permit applications, and

(iii) receiving permits issued by the department in a timely and

efficient manner;

d. adequate mechanisms for referring eligible businesses to qualified

auditors, or to the extent possible, offering eligible businesses and

responding to requests from eligible businesses for audits of the

operations of such businesses to determine compliance with this chapter

and rules and regulations promulgated pursuant thereto;

e. procedures for offering eligible businesses and responding to

requests from eligible businesses for technical, pollution prevention

and environmental compliance assistance including, but not limited to:

(i) on-site technical assistance and consultations regarding the

identification and implementation of opportunities to achieve pollution

prevention or enhance compliance, including the adoption of

comprehensive pollution prevention plans or environmental management

systems;

(ii) assistance in the modification of any work practice and the

identification of affordable and cost effective alternative technologies

or technological improvements to achieve pollution prevention or to

achieve compliance with or to establish compliance procedures pursuant

to this chapter and rules and regulations promulgated pursuant thereto;

and

(iii) the establishment of a schedule of milestones for implementing

such work practice or method of pollution prevention or compliance

preceding any applicable compliance date, based on the technology and

financial capability of such eligible business. No modification shall be

recommended unless it is in compliance with the applicable requirements

of environmental laws;

f. procedures for soliciting input from and exchanging information

with the small business pollution prevention and environmental

compliance ombudsman program created pursuant to section 138 of the

economic development law, regarding pollution prevention opportunities

and compliance requirements for small businesses;

g. adequate mechanisms for the collection and dissemination of

information to eligible businesses, including the development of

guidance manuals and the establishment of a toll-free telephone number

dedicated to answering questions involving pollution prevention and

small business compliance;

h. procedures for assuring the confidentiality of information received

from eligible businesses;

i. the identification of individuals, firms and/or state and local

agencies with a distinctive competence in areas related to pollution

prevention and compliance with environmental laws, rules and

regulations, and a demonstrated ability to serve eligible businesses,

for the purpose of referring eligible businesses with identified needs

to consultants or agencies with relevant expertise; and

j. the provision of information on state-sponsored programs offering

financial or technical assistance and on funding available from private

lenders to eligible businesses, and of aid to such businesses in

applying for financial assistance or funding.

3. In developing and implementing the small business pollution

prevention and environmental compliance assistance program, the

department shall consult with the pollution prevention and environmental

compliance coordinating council as created pursuant to section 28-0111

of this article, the environmental facilities corporation, the small

business pollution prevention and environmental compliance ombudsman

program as created pursuant to section 138 of the economic development

law and the office of waste prevention services as created pursuant to

article 14 of the economic development law.